San Rafael Municipal Code Ch. 11.36 Demolition Permits

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.

(Ord. 1127 § 1 (part), 1973).

It is unlawful for any person, firm or corporation to demolish or cause to be demolished, any building or structure within the city without first having obtained a demolition permit from the chief building official of the city. 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. 1838 § 13, 2005: Ord. 1127 § 1 (part), 1973).

When a determination has been made by the community development department of the city that a building or structure may have historical or architectural significance, no demolition permit shall be issued therefor until such permit has been authorized in conformance with the requirements of Chapter 2.18 of this code.

(Ord. 1838 § 14, 2005: Ord. 1127 § 1 (part), 1973).

Application for a demolition permit shall be made upon forms furnished by the department of public works and shall contain the following information:

1. Applicant's name, address and phone number;

2. That the applicant is properly licensed under the State Contractors' Licensing Law or is properly exempt from such law;

3. That the applicant is a holder of a valid city business license;

4. That the applicant has on file with the city, a bond as may be required by Section 11.36.070;

5. That the applicant has on file with the city, a certificate of insurance;

6. The location at which the debris and rubbish will be disposed of;

7. The route over which the trucks will travel from job to dumping site;

8. The address and legal description or assessor's parcel number;

9. Name and address of the legal owner of the property;

10. Other information that may be required by an officer of the city.

(Ord. 1127 § 1 (part), 1973).

No permit shall be issued until a fee has been paid to the city, the fee to be established by resolution of the city council.

Any person who commences 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 administrative authority that such work was urgently necessary and that it was not practical to obtain a permit therefor 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 be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged.

(Ord. 1127 § 1 (part), 1973).

No permit to demolish a building or structure shall be issued until the permittee has filed with the city clerk a policy of public liability and property damage, or approved certificate thereof, issued by a responsible insurance company licensed to do business in California. The policy shall provide liability insurance in an amount of at least two hundred fifty thousand dollars ($250,000.00) each person, and five hundred thousand dollars ($500,000.00) each accident, and property damage insurance in an amount of at least one hundred thousand dollars ($100,000.00) per accident, and insure the permittee and shall insure to the benefit of any and all persons suffering loss or damage either to persons or property by reason of wrongful or negligent acts in demolishing the building or structure. The policy shall also contain a clause or special endorsement indemnifying and saving harmless the city against any loss, damage, cost and expense which may in any way accrue against the city in consequence of the granting of the permit for demolition of any building or structure.

(Ord. 1127 § 1 (part), 1973).

Where a valid building permit has not been issued, the posting of a cash or surety bond, as a condition of issuing a demolition permit may be required. The cash or surety bond shall be posted with the city clerk of San Rafael, by the applicant as principal, and the city as obligee and shall be in an amount to be determined by the city engineer of San Rafael, but shall not be less than one thousand dollars ($1,000.00). The bond shall be conditioned that the principal will strictly comply with all requirements of this chapter and any ordinance hereafter in effect regulating the demolition of buildings or structures in the city; that the principal will pay for any and all damages to any fence, tree, pavement, street, sidewalk, sign or any other property belonging to the city, resulting from the demolition by him; and that the principal will indemnify and keep harmless the city against any and all damages, judgments, cost and expense which may, in any way, accrue against the city in consequence of the granting to him or exercise by him of any permit hereunder.

(Ord. 1127 § 1 (part), 1973).

Attached to and made a part of all demolition permits are the standard conditions as set forth by resolution of the city council.

(Ord. 1127 § 1 (part), 1973).

Attached to and made a part of the demolition permit shall be all special conditions as deemed necessary in the judgment of the city engineer.

(Ord. 1127 § 1 (part), 1973).