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HomeMy WebLinkAboutOrdinance 77- 989, Demolition Code 426 ORDINANCE NO. 989 - 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 A DISPOSAL FEE; PROVIDING FOR THE DEPOSIT OF A 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; I PROVIDING THAT 'THE PERMIT MAY BE REVOKED; PROVIDING PENALTIES FOR THE VIO- LATION 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 Scope. 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 and structures and disposal .of same. Section 3. Definitions, general: For the pUJ:pose of this Code, certain terms, phrases, words and their derivations shall be construed as specified in this Chaptex. Words used in the singular include the plural, and the plural the.singular. Words used in the masculine gender include feminine, and the feminine the masculine. Section 4. Municip~lityand City defined. Whenever the words "municipality" or "City" ase used in this 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 I and enforcement of this code, or his duly authorized deputy. Section 6. Permit required. No building or structure shall be demolished with the City of Bozeman without first having obtained a demolition permit from the Building Official. Section 7. 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 judgment 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 9. Section 8. 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 issuance thereof, the following for 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 I 15.001 cubic feet and over $20.00 Section 9. 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. r (b) No permit as required by this Chapter shall be issued unless the applicant ORDI.NANCE NO. 989 427 shows that he has adequate machiner~, appliances, and equipment to safely complete the proposed -demolition. - Section 10. Rubbish Disposal and Fee. The permittee may deposit rubble at the Bozeman Sani,tary Landfill site on1-y after depositing with the Building Official I sufficient funds to provide for the disposal of the rubble based on the following schedule: Pick-Up trucks $ 6.00 3-5 yard trucks $10.00 6-10 yard trucks $15.00 11-14 yard trucks $20.00 15-19 yard trucks $25.00 20-25 yard trucks $30.00 Section 11. Duties of Permittee. Every permittee under the Chapter shall: (a) Conform strictly to the requirements of Chapter 44 of the Uniform Code mf the City of Bozeman. (b) Remove all rubbish and waste materials and fill all excavations 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 damages done to public _. prope~ty within twenty-four hours after the damage or injury has occurred. Section 12. Indemnifyinq City Against Damages: Every person, firm or corporation I applying for a demolition permit shall file with the City of Bozeman a bond in the sum of Two Thousand Dollars ($2,000.00) , conditioned that he will in good faith perform all work required by the code and other applica~le 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 bonds must be filed with the Building Official. Section 13. - Surety Bond. Every person, firm or corporation applying for a demo- lition permit shall file with the,Bui1ding Official 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 propert.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. EXCEPTION: The provisions of this section shall not apply to single family residences, garages, out buildings, or customary accessory buildings I or structures. 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. 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 ORDINANCE NO. 989 428 such person. shall be deemed guilty of a separate offence for each and every day or portion thereof during which any violations of any of the provis-ions of this. Chapter is conunitted, .continued, or permitted, and upon-jconvic.tion of. any such violation such person shall be punishable bya fine of not les.s than Ten Dollars ($10.00) nor more than Three Hundred Dollars ($300.00), o-r by imprisonment for not .more than I ninety ( 90) days, or by both such fine and imprcbsonment. 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 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 Bozeman, Montana, this 18th day of May 1977. EDMUND P. SEDIVY, SR., Mayor ATTEST: ~ Z/~~ ~~4 ERNA V. HARDIN ' Clerk of the City Conunission I 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. 989 was published by Title and Number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said Bozeman in the issue of the 20th day of May 1977, and due proof of such publication i5 on file in my office. IN WITNESS WHEREOF I heeeunto set my hand and affix the corporate seal of my office this 27th day of June 1977. c:? ~ ~ '.~Z<,...- . -..-. ~ ' Clerk of the C1ty Co 510n I ORDINANCE NO.9a9