Atlantic City, NJ Chapter 105 Buildings, Demolition of

[HISTORY: Adopted by the Board of Commissioners (now City Council) of the City of Atlantic City 8-4-1977 by Ord. No. 33-1977. Amendments noted where applicable.]

§ 105-1 Information required by the Building Department.

Before any existing building or structure or part of any building or structure is demolished, a statement in writing on appropriate blanks to be furnished by the Building Department shall be filed with the Building Department by the owner or the person authorized by the owner, giving the full name and residence of each of the owners of the buildings or structures to be demolished, the name and address of the person or persons who are required to do the work of demolition, a full description of the building or structure to be demolished, a statement as to the time in which it is proposed to start and complete the demolition, a statement as to the extent of the demolition of the building or structure and such other information as the Building Department may require.

§ 105-2 Applications filed with Construction Official.

All applications required by this chapter shall be kept on file in the office of the Construction Official.[1] Applications shall be promptly docketed as received. For the purpose of identification and reference, all such papers shall be marked with the block and lot numbers of the property to which they apply and with the street and house number when possible.

[1] Editor's Note: See Ch. 111, Construction Codes, Uniform.

§ 105-3 Permit required.

It shall be unlawful to demolish any building or structure or any part of any building or structure unless and until the application aforesaid shall have been filed and approved by the Construction Official and a written permit issued by him. The Construction Official shall approve or reject any application or amendments thereto filed with him pursuant to provisions of this section within a reasonable time and, if approved, shall promptly issue a permit therefor, upon payment of the fees as required by law.

§ 105-4 Limitations of permit.

Every permit issued by the Construction Official under the provisions of this chapter under which no work is commenced within one month from the date of issuance shall expire by its own limitation.

§ 105-5 Total demolition: gravel fill at grade.

[Amended 5-16-1984 by Ord. No. 27-1984]

To provide for the health, safety and welfare of the citizens of the City of Atlantic City, the following shall apply. In all cases where buildings or structures are to be totally demolished or torn down to grade level, said buildings or structures shall be demolished or taken down to a depth of six inches below grade and backfilled with six inches of gravel or topsoil, leveled off at curb grade and seeded with a flower mixture approved by the City Landscape Architect, in accordance with the specifications of the manufacturer.

§ 105-6 Underground storage tanks. [1]

[Added 4-11-2012 by Ord. No. 25-2012]

No demolition permit shall be issued, and it shall be unlawful to demolish a building or structure within the City of Atlantic City, without the applicant first having provided documentation to the Construction Official which complies with § 146-14 of Article II of Chapter 146.

[1] Editor's Note: Former § 105-6, prohibiting the demolition of buildings between June 15 and September 15 except in case of emergency, as amended, was repealed 7-25-2007 by Ord. No. 46-2007.

§ 105-7 Completion requirements.

In the event that the demolition of buildings or structures is not completed within the time or to the extent provided for in the application, the Construction Official may serve a written notice upon the owner or the contractor, or both, requiring said person or persons to undertake and/or complete the demolition of buildings or structures within the additional time permitted in the notice and to the extent set forth in the application. Service of said notice shall be made by serving the same personally or by registered mail, postage prepaid, return receipt requested, addressed to the person or persons aforesaid at the addresses as may be shown on the last tax duplicate. It shall be the duty of the owner or contractor, or both, to complete the demolition within the time and to the extent as required by the terms and provisions of this chapter.

§ 105-8 Violations and penalties.

[Amended 2-1-1989 by Ord. No. 2-1989; 11-25-2008 by Ord. No. 104]

A. Any person who violates or fails or refuses to comply with this chapter, or any part or section thereof, shall, upon conviction in the Municipal Court of the City of Atlantic City, be punished for each offense by a fine not to exceed $2,000 or by imprisonment for any term not exceeding 90 days in the county jail or in any place provided by the municipality for the detention of prisoners, or both.

B. The Municipal Judge before whom any person is convicted of the violation of this chapter shall have power to impose any fine or term of imprisonment not exceeding the maximum fixed in this chapter.

C. Every such violation or refusal shall be deemed a separate violation, and each day that the same shall continue shall be deemed a separate violation.

§ 105-9 Removal of debris.

[Added 4-14-1993 by Ord. No. 31-1993]

All debris resulting from, or associated with, the partial or total demolition of a building or structure shall be removed from the demolition site within 10 days of the date on which demolition is completed in accordance with § 105-7 hereof.