Village of East Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Aurora 9-27-1982 by L.L. No. 7-1982 (Chapter 50 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 108.
Fees — See Ch. 137, Art. II.
Property maintenance — See Ch. 192.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICATION FOR DEMOLITION
The application for a permit to demolish a building or structure.
BASEMENT
That portion of a building that is partly below grade and which has more than half of its height, measured from floor level to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BUILDING
A combination of any materials, whether portable or fixed, as a structure wholly or partially enclosed within exterior walls or within exterior or party walls and having a roof, affording shelter to persons, animals or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof."
CELLAR
That portion of a building that is partly or entirely below grade, which has more than half its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer for the Village of East Aurora or its agent under contract with the Village to assist in the enforcement of this chapter.
[Amended 3-14-2006 by L.L. No. 1-2006; 7-20-2009 by L.L. No. 5-2009]
CONTRACTOR
That person, firm or corporation employed by the owner of the property, empowered by written consent of the owner to perform the specific duty of demolition as may be specified in authorizing permits.
DEMOLITION or DEMOLISH
The alteration of an existing building or structure, the purpose of such alteration being the discontinuance of the existing building or structure or a portion thereof. "Demolition" shall not include the repairing, remodeling or extending of an existing building or structure where such is incidental to the improvement of that building or structure and the primary intent is shown to be that of repairing, remodeling or extending the existing building or structure.
DEMOLITION PERMIT
The permit for demolition of an existing building or structure.
LOCATION
The actual confines of the demolition. The location as described in the application for permit and as approved by the Code Enforcement Officer therein shall be the only area approved for the demolition.
[Amended 3-14-2006 by L.L. No. 1-2006]
OWNER and PROPERTY OWNER
The person who has the legal title to land together with ownership of the building or structure located thereon, whose name appears on the most recent tax assessment rolls of the Village of East Aurora.
PUBLIC WAY
A street, alley, sidewalk or other thoroughfare or easement permanently established for passage of persons or vehicles. The term "public way" shall be construed, when used herein, as though followed by the words "or part thereof."
SALVAGE
Component parts of a building or structure being demolished, removed or to be removed from said building or structure for reuse or resale.
SALVAGE CONTRACTOR
A person, firm or corporation identified in the application for demolition, authorized by the owner, in writing, to remove items of salvage from premises, which may or may not be the same person, firm or corporation designated by the owner as the demolition contractor.
STRUCTURE
A combination of materials, other than a building, to form a construction that is safe and stable, and includes, among other things, stadiums, platforms, radio towers, sheds and storage bins.
A. 
No person shall demolish an existing building or structure having a gross floor area or base area of 500 square feet or more within the Village of East Aurora without first obtaining a demolition permit, approved by the Village Board of Trustees and signed by the Code Enforcement Officer, allowing such demolition. Such permit shall be applied for and issued to the owner of the property. If such building or structure is 50 or more years in age, the Village Board of Trustees shall refer the application to the Village of East Aurora Historic Preservation Commission before making a decision. The Commission shall promptly review the possible historic significance of such building or structure and shall make a recommendation to the Village Board of Trustees with respect to the proposed demolition.
[Amended 3-14-2006 by L.L. No. 1-2006; 1-18-2011 by L.L. No. 1-2011]
B. 
Form; contents.
(1) 
Written application for a demolition permit shall be on the forms provided by the Code Enforcement Officer.
[Amended 3-14-2006 by L.L. No. 1-2006; 7-20-2009 by L.L. No. 5-2009]
(2) 
Said application shall require the name, address and telephone number of the owner; the names, addresses and telephone numbers of all contractors (general, special or salvage) authorized by the owner to perform work; insurance coverage information, including the name of each insurance company, policy number and date of expiration of policy; a written description of the building or structure to be removed; starting and completion dates; written list of materials to be salvaged; provision for disposal of refuse; and a statement as to security and/or barricades to safeguard premises from unauthorized entry during the demolition work as well as the protection of the general public.
C. 
An application and permit fee as set forth in Chapter 137, Article II, of this Code shall accompany all demolition permit applications. Permits and fees are further established by § 285-62D of the Code of the Village of East Aurora.
[Amended 3-14-2006 by L.L. No. 1-2006; 7-20-2009 by L.L. No. 5-2009]
A. 
As part of the application for a demolition permit, a certificate of insurance for liability shall be delivered to the Code Enforcement Officer, as agent for the Village of East Aurora. The minimum limits of said liability for the demolition of buildings and structures, whether in a homeowner's insurance policy or separate liability policy, shall be in an amount as required by the Village.
[Amended 3-14-2006 by L.L. No. 1-2006; 7-20-2009 by L.L. No. 5-2009]
B. 
All insurance certificates shall include the Village of East Aurora as an additional named insured.
C. 
Insurance certificates or agreements in a form approved by the Village Attorney, holding the Village of East Aurora, its officers and employees from liability resulting from work allowed by a demolition permit, shall be delivered to the Code Enforcement Officer as agent for the Village of East Aurora.
[Amended 3-14-2006 by L.L. No. 1-2006]
A. 
Upon the request of the Code Enforcement Officer, the person making the application for a permit to demolish a building or structure shall submit to the Code Enforcement Officer a written report from a licensed exterminator regarding extermination of the building or structure prior to the issuance of a demolition permit.
[Amended 12-1-1986 by L.L. No. 28-1986]
B. 
Prior to demolition, the contractor will erect a system of barricades around the construction site and have the electric, gas and telephone services removed by the respective utility companies. The head of the Department of Public Works of the Village of East Aurora or his designated representative shall disconnect and cap the water service to the building or structure being demolished and plug the sewer laterals to such building or structure. The owner shall pay to the Village Clerk a water disconnection fee and a sewer disconnection fee as set forth in Chapter 137, Article II, of this Code for said disconnecting, capping and plugging.
[Amended 3-14-2006 by L.L. No. 1-2006]
C. 
The contractor shall obtain appropriate approval for the water use on the site from the head of the Department of Public Works for dust control and have sufficient lengths of one-and-one-half-inch and/or two-and-one-half-inch hose for this purpose. The contractor shall provide a flagman for traffic control when necessary, and should a street have to be closed, he shall obtain permission from the head of the Department of Public Works, the Chief of Police and the Fire Chief.
[Amended 3-14-2006 by L.L. No. 1-2006]
D. 
In the case of the demolition of an existing building which has a common or party wall with one or more adjoining buildings, the owner of the building to be demolished shall be responsible for and bear all costs in relation to the safeguarding of said adjacent wall.
E. 
Where beams, girders and joists are removed from party walls, the resulting pockets in said walls shall be cleaned out and filled with solid masonry. Necessary repairs shall be made to put the party wall in a safe condition. This work shall be done by the contractor at the expense of the property owner having said demolition performed.
F. 
Where such demolition work is to be made and no immediate new construction is intended at the site, the adjacent wall, whether of the party type or otherwise, shall be left in an acceptable condition so far as appearance is concerned. In addition to the repair of all joists, pockets and similar openings, the owner of the demolished building will be required to remove all old plaster, wallpaper and other decorative material in addition to any loose wood, trim or other unrequired material, subject to the approval of the Code Enforcement Officer.
[Amended 3-14-2006 by L.L. No. 1-2006]
G. 
During the demolition work, debris must be systematically removed from the site and not allowed to pile up or cause any obstruction.
H. 
When a building to be demolished contains a cellar or basement, the contractor shall remove all debris and organic material from the cellar or basement and then break up and/or perforate the cellar floor. The bearing or foundation wall shall be removed to a depth of at least 24 inches below the present grade or at least 24 inches below any future grade to be established. The material resulting from the cellar or foundation wall demolition may remain in the excavation, provided that the material is crushed and compacted.
I. 
Where there is no cellar or basement, the bearing or foundation wall shall be removed to a depth of at least 24 inches below any future grade to be established.
J. 
The Code Enforcement Officer of the Village of East Aurora shall inspect the demolition of any building or structure in the Village regularly and shall be empowered to halt any such demolition that, in the judgment of the Code Enforcement Officer, is not being performed in a safe and sanitary manner.
[Amended 3-14-2006 by L.L. No. 1-2006]
K. 
Demolition of any building or structure shall be carried on during daylight hours only on normal Village workdays.
L. 
Salvage materials that are a structural part of the building or structure shall not be removed except as part of the actual demolition of said building or structure. Removal of salvage shall be by the owner or salvage contractor only.
M. 
In-ground storage tanks on the demolition site shall be removed from the demolition site.
N. 
No explosives may be used in connection with demolition of buildings or structures in the Village of East Aurora unless a special permit is first obtained from the Village Board of Trustees of the Village of East Aurora, issued after a public hearing has been held by such Village Board of Trustees on the application for such permit.
[Amended 11-15-1982 by L.L. No. 9-1982; 3-14-2006 by L.L. No. 1-2006]
A demolition permit shall be valid for a period of 30 days from the date of its issuance. One additional extension of 10 working days may be granted by the Code Enforcement Officer in the event that unusual circumstances prevent completion of the work. No work shall continue after the time limits stated above, except upon application and issuance of a renewal permit pursuant to § 285-62G of the Code of the Village of East Aurora.
A. 
All cellars and basements of demolished buildings or structures shall be filled in and made safe by filling such basement or cellar with noncombustible materials and causing the surface of the location to be on a level with the surrounding premises. No materials will be permitted as fill which may corrode, rot, decay or collapse. All barricades, guardrails and temporary structures erected during demolition shall be removed prior to completion approval by the Code Enforcement Officer.
[Amended 3-14-2006 by L.L. No. 1-2006]
B. 
In the event that the owner refuses or neglects to fill in and make safe such cellar or basement or refuses or neglects to dismantle and remove any barricades, guardrails or temporary structures erected during demolition, the Village of East Aurora may do the necessary work involved, either with Village employees or outside contractors, and the cost of making the location safe shall be assessed against such property and shall be a lien thereon.
[Amended 3-14-2006 by L.L. No. 1-2006]
Immediately after said demolition, the Code Enforcement Officer shall notify the Village Clerk and the property owner, in writing, that said demolition for which a permit was issued has been completed.
Any person committing an offense against any provisions of this chapter shall be guilty of a violation, punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.