CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 10. DEMOLITION OF NONRESIDENTIAL STRUCTURES

Any building or structure to be demolished within the limits of the city shall be demolished in compliance with the provisions of this chapter and other applicable provisions of this code.

(Ord. 941)

At the time of filing art application for a permit required by this chapter, the applicant shall secure and file with such application a surety bond in favor of the city. The surety bond shall be in the amount of $4 per square foot, issued by a corporate surety authorized to do business in Kansas, conditioned that the principal, his heirs, devisees, personal representatives, successors or assigns shall duly observe, perform carry out and comply with the provisions of this chapter and all other applicable provisions of this code and shall save, defend, keep harmless and indemnify the city from all loss, damage, costs, charges, liability or expense thereby suffered or sustained and shall promptly pay over, make good and reimburse to the above named oblige, all loss and damages sustained or suffered by the oblige by reason of the failure or default on the part of the principal. Such bond shall be for a term as required for completion of all work covered by such permit or permits; provided, however, that when the same person makes application for one or more of the permits required by this chapter for the same building or structure, only one bond shall be required which shall extend to include all permits applied for such person.

(Ord. 941)

The holder of a permit issued under this chapter shall complete all work pursuant thereto, for the purpose specified in the permit and in full compliance therewith, within twelve months from the date of issuance of the permit. 

(Ord. 941)

If the public officer believes that any person holding a permit under this chapter has violated the provisions of this chapter or any other applicable law or ordinance, the public officer shall make a written report thereof to the governing body which shall set the time and place for a hearing as to the report and as to forfeiture of the bond provided for in Section 9-102. The governing body shall cause notice of the time, place and purpose of the hearing to be given the permittee personally or by certified mail at least ten days prior to the hearing.   At the time and place specified for the hearing, the governing body shall hear all evidence, including on behalf of the permittee, and may continue the hearing or adjourn the same from time to time.  After hearing all evidence, the governing body shall decide whether there has been a violation.   If the period of the permit has not expired and decision is either that there has been no violation or that such violation may be rectified, the permittee  shall have the right  and  duty  to  proceed  to  complete  any  unfinished  work  according  to  the permit  and  correct  such  errors  and  violations  there  may  have  been,  and  the governing body may reserve final decision until after the lapse of the period of the permit and then conduct further hearings of which the permittee will be given due notice as hereinbefore provided.  If the decision upon any hearing shall be that the violation has been committed and either the period of the permit has lapsed or the permittee cannot rectify the violation or refuses to do so, the governing body shall declare the amount of the bond, provided for in Section 9-102, forfeited and direct action to be taken to recover such amount for the city. The forfeiture of the amount of the bond shall exclude neither the prosecution of the permittee for the violation not any means otherwise available to compel compliance with applicable laws and ordinances. 

(Ord. 941)

It is expressly provided that this chapter shall not, in any way, interfere with, modify or abrogate the terms of any franchise or contract to which the city is a party. 

(Ord. 941)

It is unlawful for any person to demolish or to remove from a site within the limits of the city any nonresidential building or structure unless a permit has been issued pursuant to this chapter. 

(Ord. 941)

Application for a permit required by this chapter shall be filed with the city clerk’s office and shall include not less than the following information:

(a)   Location of building or structure and legal description of the property;

(b)   Name of permittee;

(c)   Name and address of record owner of property;

(d)   Description, including dimensions, of building or structure;

(e)   Plot plan indicating location of such building or structure;

(f)   Estimated time of completion.

(Ord. 941)

Whenever a building or structure to be demolished is connected to a public sewer line, the building sewer line must be plugged or capped in an approved manner within five feet of the property line per the provisions of the currently adopted Uniform Plumbing Code.

(Ord. 941)

The site from where any building or structure has been demolished or removed shall have all concrete footings, floors and walls removed which are below grade, unless such removal of footings and walls would be cause for structural damage to any adjacent structures. The site shall be backfilled, leveled and cleared of all debris including, but not limited to, nails, lumber, metal, bricks, stones and other building materials and accessories. Upon completion of the aforementioned, the site shall be graded to provide drainage and allow for mowing and maintenance of the site.

(Ord.941)

At the time application is made for a permit required by this chapter, the city clerk shall collect the following fee:

(a)   For the demolition or removal of any building or structure which is not connected to a sewer or gas line, a fee of ten dollars.

(b)   For the demolition or removal of all other buildings or structures, a fee of twenty dollars.

(Ord. 941)

The holder of a permit issued under this chapter shall notify the public officer of the completion and readiness for inspection of all work done under such permit in accordance with the provisions of this chapter. When final inspection has been completed and approved, the public officer shall issue a certificate of approval and compliance with this chapter and shall notify the surety of the bond filed pursuant to Section 8-1002 of the date of release of such bond which shall be not less than thirty days following final approval.

(Ord. 941)