Chapter 15.44

WRECKING AND DEMOLITION OF BUILDINGS

Sections:

15.44.010 Compliance with chapter. 15.44.020 Permit required. 15.44.030 Permit fees schedule. 15.44.040 Permit fee waiver. 15.44.050 Qualifications of permittee. 15.44.060 Permit expiration. 15.44.070 Permit required for sewer disconnection. 15.44.080 Permit revocable. 15.44.090 Liability insurance. 15.44.100 Protection of public property. 15.44.110 Notification of adjacent property owners. 15.44.120 Protection of adjacent property. 15.44.130 Disconnection of utilities. 15.44.140 Pedestrian protection. 15.44.150 Location of canopy or walkway on public streets. 15.44.160 Demolition restrictions. 15.44.170 Dust control. 15.44.180 Site clearance. 15.44.190 Burning of material.

15.44.200 Stop work orders.

No wrecking or demolition of any building or structure shall be started until the person who will accomplish such wrecking or demolition has complied with all of the provisions of this chapter. (Prior code § 9.10.390)

A. General Rule. Prior to commencing any demolition or wrecking work on any building or structure, the wrecker shall obtain a permit from the building official. The building official may require completion of any preparatory work which may be required prior to issuing the permit.

B. Demolition of Historic Resources. No demolition permit shall be approved for demolition of a historic resource as defined in chapter 17.108, except pursuant to the provisions of chapter 17.604.

C. Demolition of Structures Adjacent to Historic Resources. No demolition permit shall be issued for demolition of a building which is adjacent to a historic resource as defined in chapter 17.108 and which the building official has determined is structurally connected to the historic resource so that the demolition of the adjacent structures presents the potential for substantial damage to, or collapse or demolition of, the historic resource until the building official has consulted with, or made reasonable efforts to consult with, the preservation director and the chairperson of the preservation commission. Prior to issuance of any demolition permit, the building official may require the wrecker to submit a report from a licensed architect or licensed civil or structural engineer or such other reports as the building official deems reasonable and necessary to evaluate the potential impact of demolition of the structure on the adjacent historic resource and to determine the adequacy of the proposed method of demolition in terms of protecting the adjacent historic resource. The building official shall require such a report unless he or she determines that the proposed method of demolition will protect adequately the adjacent historic resource. The building official shall impose such conditions on the demolition permit as he or she determines necessary and appropriate to protect the historic resource. Nothing in this section is intended to affect or interfere with the authority of the building official to order or approve the immediate demolition of a building or structure determined to be immediately dangerous as defined in Section 8.96.120.

D. Demolition or Move of Nonhistoric Residential Structures. A non-historic residential structure located within the city may be demolished or moved upon issuance of a demolition/building move permit authorizing said demolition or move and subject to the following site maintenance requirements, all of which shall apply for as long as the site remains vacant:

1. Immediately upon the demolition or removal of the residential structure from the site and clearance of the site under Section 15.44.180, the property owner shall install and maintain in good condition a six-foot high, chain link fence around the entire perimeter of the property.

2. The property owner shall conduct an inspection of the site on a monthly basis.

3. The property owner shall maintain the site free of all weeds and rubbish; junk, as defined in Chapter 8.04; debris; abandoned, wrecked, dismantled or inoperative vehicles; unseaworthy boats and vessels; automotive parts; equipment; appliances; furniture; containers; packing materials; scrap metal; and, except as provided in subsection (D)(4) of this section, wood and building materials; by promptly removing all of such matter that may exist on the site at the time of the monthly inspection.

4. The property owner shall not use or allow the site to be used for the parking of vehicles, boats, or vessels; for the deposit or storage of dirt, gravel, concrete, wood, or building and similar materials; or for the deposit or storage of any personal property; provided, that wood and building materials being used, or to be used, for a construction project on the site for which an active building permit is in existence may be stored for as long as is necessary to complete the project expeditiously. Upon expiration or cancellation of the permit, wood and building materials for the project must be immediately removed. (Ord. 2013-0021 § 41; Ord. 2009-036 § 1; Ord. 2006-065 § 10; Ord. 2000-046 § 1; Ord. 2000-044 § 2; prior code § 9.10.391)

No permit shall be valid until the permittee has paid to the city collector the fee required pursuant to the resolution established by the city council for said fees. (Prior code § 9.10.392)

The director may waive all permit fees required for the demolition of a building or structure pursuant to either of the following:

A. A written order or request of the director issued by virtue of his or her authority to order the demolition of dangerous buildings under Chapter 8.96 of this code; or B. A written order or request of the director or housing code advisory and appeals board to repair or demolish a residential structure made pursuant to the provisions of Chapter 8.100 of this code.

A permit fee waiver shall not exempt the owner of the property upon which a work of demolition is performed from being assessed the cost of a title search obtained by the city pursuant to enforcement proceedings under Chapters 8.96 and 8.100 of this code. (Prior code § 9.10.393)

A permit shall only be issued to a licensed contractor as defined in Chapter 9, Division 3, of the Business and Professions Code of the state of California, or to a person who qualifies as being exempt from the provisions of the state contractor's license laws. (Prior code § 9.10.394)

Every permit, or renewal permit, shall expire thirty (30) days from the date it was issued, unless the director for good cause shall have specified a different time of expiration, which shall be shown on the permit. All work for which a permit is issued under this chapter shall be completed prior to the expiration of the permit issued for the work. If the work has not been completed prior to the expiration of the permit, a renewal permit must be obtained in order to complete the project. The fee for any renewal permit, and any subsequent renewal permits, shall be twice the original permit fee. (Prior code § 9.10.395)

The permittee must obtain a permit to disconnect and cap any sewer tap. Such permit shall expire ten (10) days from the date it was issued. (Prior code § 9.10.396)

A permit issued under this chapter may be revoked by the director when, in his or her opinion, the permittee is not complying with the provisions of this chapter or is not properly maintaining the safeguards required herein. The permit shall be revoked by written notice served by certified mail to the address of the permittee provided on his or her application for permit to demolish or wreck the building or by personal service upon the permittee or his or her agent engaged in the work or causing the work to be done.

Failure to cease all work after notice of revocation of the permit is given shall be considered a wilful violation of this code and shall be punishable as a misdemeanor. (Prior code § 9.10.397)

The permittee shall have liability insurance and an insurance certificate as required by Section 15.40.010 of this title. (Prior code § 9.10.398)

The permittee shall provide all protection necessary to prevent damage to public property and shall be liable for the cost of repair or replacement of all damaged public property, including but not limited to, streets, sidewalks, alleys, street lights, traffic signals, fire hydrants, and all other public utilities located on public property. (Prior code § 9.10.399)

Prior to the start of any demolition work on any building or structure in excess of two stories in height, the permittee shall give written notice to owners or tenants of adjoining property not less than ten (10) days before such demolition is started and shall contemporaneously send a copy of each such notice to the director. (Prior code § 9.10.400)

The permittee shall take all necessary precautions to adequately protect adjacent property and its occupants. (Prior code § 9.10.401)

Prior to the start of any demolition work on any building or structure, the permittee shall have all utilities to such building or structure properly disconnected. Utility disconnection, except for building sewers, shall be performed or supervised by the proper governmental agency or utility company affected. Disconnection of sewer shall be performed in the manner required by Chapter 15.24 of this title and any other applicable section of the city code. (Prior code § 9.10.402)

15.44.140 Pedestrian protection.

Prior to the start of any demolition work on any building or structure located adjacent to public property, proper protection for pedestrians shall be provided. Such protection shall be as required in Chapter 44 of the Uniform Building Code and as required by Sections 15.40.020 and 15.04.030 of this title. (Prior code § 9.10.403)

The location of any canopy or walkway for the protection of pedestrians in or on a public street shall be determined by the traffic engineer as specified by Section 15.40.020 of this title. (Prior code § 9.10.404)

A permittee shall not operate any equipment, demolish any building or structure, or remove any material from a building or structure on the traffic side of a pedestrian canopy or walkway which results in the equipment operating over the top of the canopy or walkway. The use of a "headache" ball or any other battering device on the exterior walls of any building or structure is prohibited when such device will swing or be swung over public property or when, through its use, it will cause structural material to fall or be propelled onto public property. The director may prohibit the use of any such device on any portion of any building, when in his or her opinion, its use will create a hazard to public property.

When wrecking or demolishing any building of three or more stories, the permittee shall remove one story therefrom at a time commencing with the roof. No floor shall be removed until the exterior wall above that floor has been removed.

No explosive of any kind shall be used to demolish any portion of any building or structure without the express approval of the city council.

If it is necessary to use public property for the storage of structural material, only that portion between the pedestrian walkway and the building shall be so used. Any structural material removed from the building or structure shall be low-ered to the ground immediately. No structural material shall be purposely dropped onto public property. (Prior code § 9.10.405)

All dust resulting from wrecking or demolition operations shall be immediately settled by wetting the same with water of sufficient quantity to prevent the dust from leaving the site of the demolition or wrecking project. Demolition shall be stopped during periods of high winds that carry the dust from the site before it can be settled by wetting. The permittee shall be responsible for maintaining clean public streets during such operation. The permittee must obtain the necessary permits for water from the manager of the division of water and sewers and pay for such permits and for water used.

The permittee shall wash off public property to remove all silt and dust. In order to prevent such material from entering any public sewer, the permittee shall properly pond the gutter in order to permit such material to settle, and it shall be then cleaned up and hauled away. This procedure shall be followed in accordance with the requirements and policies of the water and sewers division. This section shall also apply to Section 15.40.050 of this title. (Prior code § 9.10.406)

The permittee shall fill all excavations level with adjoining grade not later than ten (10) days after a building or structure is razed. Plaster, brick or other inorganic noncombustible materials may be used to fill such excavations, provided, however, the top one foot of fill shall be clean earth. The filling of such excavations shall not be required when a building permit has been issued for a new building on the site and the construction thereof is to be started within sixty (60) days after the completion of the wrecking or demolition operations. In such event, the permittee shall provide such excavation with a six foot high fence, capable of resisting lateral force of fifteen (15) pounds per square foot, to protect the excavation on all sides from pedestrian access. All debris, building material and rubbish must be removed from the property not later than ten (10) days after the building or structure is razed. (Prior code § 9.10.407)

No burning of material on the site shall be permitted. (Prior code § 9.10.408)

The director may order the work stopped on any building when, in his or her opinion, unsafe methods are being used or unsafe conditions are being created that are causing or may cause a hazard to life or property. Such work shall be stopped upon the presentation of written notice to any person engaged in the work or causing the work to be done. If, in the opinion of the director, an emergency condition exists, such notice to stop work may be made orally to any person engaged in the work or causing the work to be done. The notice, whether oral or written, shall specify the unsafe methods or unsafe conditions found, and the corrective action required. Upon compliance with his or her order, the director may allow the work to proceed. Failure to stop work after notice is given shall be considered a willful violation of this code and shall be punishable as a misdemeanor. (Prior code § 9.10.409)