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HomeMy WebLinkAboutOrdinance 70- 892, Adds Chapter 14.24, demolition code. 180 ORDINANCE NO.. 892 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, REGULATING AND CONTROLLING THE DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF BOZEMAN, MONTANA: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING FOR THE DEPOSIT OF SURETY BOND OR OTHER GUARANTEE TO SECURE THE REMOVAL OR DEMOLITION OF ANY SUCH BUILDING OR STRUCTURE; PROVIDING FOR A SAVE AND HOLD HARMLESS AGREEMENT AND FILING OF A PUBLIC LIABILITY INSURANCE POLICY NAMING THE CITY AS A NAMED INSURED: PROVIDING THAT THE PERMIT MAY BE REVOKED; PROVIDING PENALITIES FOR THE VIOLATION THEREOF: REPEALING ANY AND ALL ORDINANCES OF THE CITY OF BOZEMAN IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1. Short Title. This Ordinance shall be known as the "Demolition Code,? may be cited as such, and will be referred to herein as "this code." Section 2. Purpose and Scone. The purpose of this Code is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the methods and procedures of demolishing of buildings or structures. Section 3. Definitions, general: For the purpose of this code, certain terms phrases, words and their derivations shall be construed as specified in this Chapter. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Section 4. Municipality and city defined. Whenever the words "municipality" or "city" are used in the code hereby adopted shall mean the City of Bozeman. Section 5. Building Official defined. The "Building Official" is the officer or other person charged by the Director of Public Safety with the administration and enforcement of this code, or his duly authorized deputy. Section 6. Permit required. No building or structure shall be demolished within the City of Bozeman without first having obtained a demolition permit from the Building Official. Exception: The provisions of this Chapter shall not apply to single family residences, garages, out-buildings or other accessory buildings or structures. Section 7. Application. Any person, firm or corporation seeking issuance of a permit hereunder shall file an application for such permit with the Building Official. Said application to be supplied by the Building Department. Section 8. Issuance of Permit. If the applicant for a permit under this Chapter is qualified and has the license and is bonded as required elsewhere in this code and in the judge- ment of the Building Official the building or structure can be demolished as contemplated, the Building Official shall issue a permit for the demolition except as provided in Section 10. Section 9. Fee. The applicant for a permit under this Chapter shall pay to the building official for the issuance of such permit at the time of the issuance thereof, the following fee; Volume Fee Under 5,000 cubic feet $ 5.00 5,001 cubic feet to 10,000 cubic feet $10.00 10,001 cubic feet to 15,000 cubic feet $15.00 15,001 cubic feet and over $20.00 Section 10. Restriction on Issuance of Permit. The following restrictions and conditions shall be observed before the issuance of a permit as required by this Chapter. (a) No permit shall be issued to any person firm or corporation to demolish any building or structure while any part thereof is occupied. ORDINANCE NO. 892 (b) No permit as required by this Chapter shall be issued unless the applicant shows that he has adequate machinery, appliances and equipment to safely complete the proposed demolition. Section 11. Duties of Permittee. Every permittee under this Chapter shall: (a) Conform strictly to the requirements of Chapter 44 of the Uniform Building Code of the City of Bozeman. (b) Remove all rubbish and waste materials and fill all exca- vations to existing grade at the site so that the premises are left in a safe and sanitary condition. (c) Properly disconnect all utilities, plug the sanitary sewer with a concrete plug and have the Water Department of the City of Bozeman disconnect the water service. (d) Notify the Building Official in writing of any and all damage done to property belonging to the City within twenty-four (24) hours after the damage or injury has occurred. (e) Dispose of all rubble, rubbish and debris in accordance with all city, county and state sanitary and health regu- ulations. Section 12. Indemnifying City Against Damages. Every person, firm or corporation applying for a demolition permit shall file with the City a bond in the sum of Two Thousand Dollars ($2,000.00) , conditioned that he will in good faith perform all work required by this code and other applicable codes of the City of Bozeman, and indemnify and save and hold harmless the City from any and all claims, demands, actions and damages which may arise on account of injuries to persons or properties caused by or related to the work authorized to be done pursuant to this code. Said bond must be filed with the Clerk of the City Commission and must be approved by the City Attorney and the City Commission. Section 13. Surety Bond. Every person, firm or corporation applying for a demolition permit shall file with the City Clerk a surety bond in the sum of 125% of the contract price issued by an insurance company authorized to do business in the State of Montana to insure that all work is completed in a proper and safe manner and in accordance with all the provisions of this Chapter. NOTE: In no case shall the surety bond be less than $5,000. Section 14. Abatement by City. If permittee fails or refuses to complete the demolition authorized by this Chapter, within a reasonable period of time, and, after ten days written notice having been given to the permittee and owner, the city may proceed to have the necessary work completed, and may recover the expense of such work from the surety bond required to be posted by Section 13 above. Section 15. Penalty for Violation. Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not less than Ten Dollars ($10.00) nor more than Three Hundred Dollars ($300.00) , or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Section 16. Revocation of Permit. The Building Official is hereby authorized and empowered to revoke any permit granted under the terms of this Chapter if it shall become known to him that the permittee is in any manner failing to comply with the terms of this Chapter, or when in the ORDINANCE NO. 892 1[811. 182 opinion of the Building Official, public convenience and safety require such revocation. Section 17. That all Ordinances and portions of Ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Commission of the City of .:oz man, Montar- this 6 . day of May 1970. ATTEST: g-C49--; - Clerk of the City Cadaission State of Montana ) County of Gallatin . City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Ordinance No. 892 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 11th day of May, 1970, and due proof of such publication is on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 12th day of May, 1970. ERNA V. HARDING Clerk of the City Commission ORDINANCE NO. 892