[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
The application for a permit to demolish a building or structure.
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.
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."
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.
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]
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.
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.
The permit for demolition of an existing building or structure.
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]
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.
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."
Component parts of a building or structure being demolished,
removed or to be removed from said building or structure for reuse
or resale.
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.
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.Â
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.Â
Form; contents.
(1)Â
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)Â
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.Â
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.Â
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.Â
All insurance certificates shall include the Village
of East Aurora as an additional named insured.
C.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
During the demolition work, debris must be systematically
removed from the site and not allowed to pile up or cause any obstruction.
H.Â
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.Â
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.Â
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.Â
Demolition of any building or structure shall be carried
on during daylight hours only on normal Village workdays.
L.Â
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.Â
In-ground storage tanks on the demolition site shall
be removed from the demolition site.
N.Â
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.Â
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.Â
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.
