Belvedere Municipal Code Ch. 16.28 Demolition Permits

DEMOLITION PERMITS

Sections:

• 16.28.010 Purpose.

• 16.28.020 Permit required.

• 16.28.030 Buildings having historical and/or architectural significance. 16.28.040 Application for permit.

• 16.28.050 Fee for demolition permit.

• 16.28.070 Demolition permit bond.

• 16.28.080 Standard conditions.

• 16.28.090 Special conditions.

• 16.28.100 Hearing required.

• 16.28.110 Findings.

• 16.28.120 Appeal.

The purpose and scope of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating the demolition of buildings or structures pursuant to the Uniform Building Code as adopted by the City and as defined in Section 19.08.137, “Demolition.” (Ord. 2011-4 § 29, 2011; Ord. 86-8 § 2, 1986.)

It is unlawful for any person, firm, or corporation to demolish or cause to be demolished any building or structure for which a building permit would have been required in the City without first having obtained a demolition permit from the Planning Commission. A separate permit shall be obtained for each separate lot or parcel of land. Permits may be approved or denied with or without conditions. (Ord. 86-8 § 2, 1986.)

When a determination has been made by the Planning Commission that a building or structure may have historical and/or architectural significance, no demolition permit shall be issued therefor until such permit has been authorized by the City Council of the City of Belvedere. (Ord. 86-8 § 2, 1986.)

Application for a demolition permit shall be made upon forms furnished by the Planning Department and shall contain the following information:

• A. Applicant’s name, address and phone number;

• B. That the demolition contractor is properly licensed under the state contractor’s licensing law or is properly exempt from this law;

• C. That the demolition contractor is a holder of a valid City business license;

• D. That the demolition contractor has on file with said City, a bond as may be required by Section 16.28.070;

• E. That the demolition contractor has on file with said City a certificate of insurance;

• F. The location where the demolition debris and rubbish will be dumped;

• G. The route over which the trucks will travel to and from the proposed demolition site and the dumping site;

• H. The location of, size, and period of time that any debris boxes will be located on City streets;

• I. The period of time the demolition is expected to take;

• J. The size and location of any trees or other vegetation proposed to be removed and any drainage system to be removed;

• K. A plan for the control of erosion and sedimentation from the site following demolition;

• L. A statement concerning the proposed future development of the site, including a proposed timetable for such development;

M. A statement concerning provision made for tenants of the building or structure, if the building or structure is rented at the time the permit is applied for;

• N. The address and legal description or assessor’s parcel number of the demolition site;

• O. Name and address of the legal owner of the property and written consent of the owner for applicant to act on his/her behalf, if application is made by another party;

• P. The year the structure was constructed;

• Q. The square footage of the structure and its use;

• R. Whether or not the building or structure has been officially designated as historical or having architectural significance;

• S. Other information as may be required by the City, including but not limited to, maps, drawings, and additional engineering or other studies. (Ord. 86-8 § 2, 1986.)

• A. No permit shall be issued until a fee has been paid to the City, said fee to be established by resolution of the City Council.

B. Any person who shall commence the demolition of any building or structure without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the fee fixed for such work; provided however, that this provision shall not apply to emergency work when it shall be demonstrated to the satisfaction of the City that such work was urgently necessary and that it was not practical first to obtain a permit before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. (Ord. 86-8 § 2, 1986.)

The posting of a cash, surety, or performance bond may be required as a condition of issuance of a demolition permit. Said cash, surety, or performance bond shall be posted with the City Clerk by the applicant, and the City, as obliged, in an amount to be determined by the City Manager, but shall not be less than five hundred dollars. Said bond shall be conditioned so as to require that:

A. The principal strictly comply with all requirements of this Section and any ordinance hereafter in effect regulating the demolition of buildings or structures in the City;

B. The principal pay for any and all damages to any fence, tree, pavement, street, sidewalk, sign or any other property belonging to the City resulting from demolition; and

C. The principal indemnify and hold harmless the City against any and all damages, judgments, cost and expense which may in any way accrue against the City as a consequence of the granting of any permit hereunder. (Ord. 86-8 § 2, 1986.)

The following conditions shall be attached to and made a part of all demolition permits, as standard conditions. These conditions may be amended from time to time by resolution of the Belvedere City Council

• A. All work shall be performed between eight a.m. and five p.m. Monday through Friday only;

B. No debris boxes shall be placed on City right-of-way without a valid encroachment permit first being obtained.

• C. All work shall be completed by a specific date as determined by the Belvedere Planning Commission.

D. Obstruction or blockage, partial or complete, of any street so as to leave less than ten feet of unobstructed horizontal clearance for vehicles, shall not be permitted without first obtaining, twenty-four hours in advance, a street closure permit. Twelve feet of clearance shall be required for debris boxes or building materials. Streets shall be left clean and free of any debris at the end of each work day.

• E. The site shall be left clean and free of all debris and materials from the demolition at the completion of work.

F. All areas of land from which buildings, structures or vegetation is removed shall be revegetated as directed by the Planning Commission;

G. The site shall be protected, as required by the City engineer, from trespassing and entry by persons not authorized to be on said site. Site protection may include fencing, signs, locked gates or such other measures as deemed necessary by the City engineer to protect the public health and safety.

H. The permittee shall provide to the City satisfactory evidence, prior to commencing work, that all utility services have been notified and that all services including, but not limited to, water, gas and electricity have been terminated or removed from the structure to a safe location on the site, and that sanitary sewer service has been properly terminated to insure that disconnected sewer lines do not leak or spill sewage on or off the site.

I. Existing drainage structures and facilities shall not be demolished without prior written approval from the City engineer. If such demolition is authorized, a plan indicating how site drainage will be provided for, shall be submitted to and approved by the City engineer. (Ord. 86-8 § 2, 1986.)

Attached and made a part of the demolition permit shall be all special conditions as deemed necessary in the judgment of the City engineer and the Planning Commission. (Ord. 86-8 § 2, 1986.)

All applications for demolition permits shall be heard by the Planning Commission at a public hearing, and shall be subject to the rules for applications concerning the time deadlines and form of submittal as may from time to time be established by resolution of the Belvedere City Council. (Ord. 86-8 § 2, 1986.)

The Planning Commission may approve, conditionally approve or deny any application upon making the following findings:

A. That the demolition, as conditioned by the Planning Commission, will not have an adverse impact upon the public health, safety and/or welfare of the City;

B. That the demolition will not remove from the City a building of recognized historical or architectural significance, until potential preservation options can be reviewed;

• C. That the demolition plan presented by the applicant, as approved, provides for adequate site protection during and following the demolition;

• D. That the time frame for accomplishing the demolition is reasonable.

• E. That the demolition will not remove a housing unit until options for maintaining housing on the property have been thoroughly considered;

F. The proposed demolition is consistent with the goals of the City of Belvedere Housing Element. (Ord. 2011-4 § 30, 2011; Ord. 86-8 § 2, 1986.)

Any decision made by the Planning Commission pursuant to this Chapter to grant, condition or deny a demolition permit, may be appealed to the City Council pursuant to the procedures contained in Section 19.84.060. (Ord. 86-8 § 2, 1986.)