Loading...
HomeMy WebLinkAboutORD 73-43LN/gh/5/23/73 ORDINANCE NO. 73"-43 ENTITLED AN ORDINANCE AMENDING CHAPTER 8, SEC- TION 8-1 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, BY THE ADDITION OF NEW SEC- TIONS 8-1.1 THROUGH 8-1.7 THERETO; PROVIDING FOR THE APPLICATION AND ISSUANCE OF A DEMOLI- TION PERMIT, THE TERMS THEREOF, REQUIREMENTS FOR BOND OR CASH SECURITY AND FORFEITURE THERE- OF; PROVIDING FORA LIEN BY THE CITY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That Section 106.1 through 106.6 of -the Southern Stan- dard Building Code, as amended, is hereby amended insofar as it establishes requirements for a demolition permit. Section 2. That Chapter 8 of the Code of Ordinances of the City of Beaumont, Texas, be; and'is hereby amended, adding new Sec- tions 8-1.1 through 8-1.7 to read as follows: "Section 8-1.1. Demolition Permits. "Any person, firm or corporation desiring to demolish a building or structure shall first obtain a demolition permit from the building official by making application for said permit, together with the appropriate fee and performance bond to the building official. "Section 8-1.2. Application. "Each application for a permit shall be filed with the building official, on.a form furnished by him, and shall contain'a general description of the proposed work, its location -and probable cost for completion. The application shall be signed by the owner or his authorized agent. "Section 8-1.3. Bond or Cash 'Deposit Required. "For each application for a'demolition per- mit, the applicant shall attach thereto either a bond with corporate surety in an amount equal to • 100% of the probable cost for completion .of the. demolition project disregarding the salvage value of any material, and subject to the approval of the building official, or a cash deposit equal to 50% of such cost in lieu thereof. The bond or cash deposit shall be payable to the City of Beaumont. The provisions of this section re- quiring bonds or cash deposits shall not be applicable in those instances in which the person, firm or --corporation desiring a demolition permit is required to furnish a performance bond under the terms of his contract with the owner of any structure which is the subject of.a demolition permit. "Section 8-1.4. Terms of permit. "A permit issued to demolish,a building or structure shall be considered to be a license to proceed with the work... Any permit issued shall become invalid unless the work authorized by it shall have been,commenced withinthirty days after issuance and completed within ninety days after issuance;. Demolition work is not deemed complete' unless:. a. All debris is removed from the property. b. All pipes and conduits are removed above grade, and either removed or sealed be- low grade. C. All piers, pilings, steps or other appurtenances are removed above grade. d. All underground tanks are removed or abandoned in compliance with the fire prevention code. Any exception to the above,requirements shall be so stated upon the application for the permit, and shall be subject to the.approval of the building official. The premises which are not cleared in accordance with this section are hereby declared to be a public nuisance. "Section 8-1.5. Special permits. "Special permits shall be issued for demolition projects requiring more time in completion than ninety days. The determination of.the period of issuance will be subject to the approval of the building official and will be based on the magnitude and complexity of the project. A completion date must be included upon issuance of any special permit. Special permits may not be used to extend a ninety -2- day demolition permit., Special permits, will become inva'li - &.unlesscommenced within -,thirty .1 days.after issuance_. c . e a I nd completed by the date. established in the permit -for completion of the demolition pro jest. . Work -under a special permit. -is subject to the..same conditions and definitions as applicable. to- nine.ty'.day permits.'. "Section 8-1.61. Extension of time. A time extension to a demolition permit may be granted only if it can be shown that the exten- sion'.of'-*t-1-me is, necessary for -reasons that are beyond.the owners control... Any extension of time. must'b6 in writing and must -state a specific ecific date upon which the demolition must be-compl6ted.. llsection'8-1.7. Procedure °:upb'n failure to complete demolition. 11up'On the9rant ing of a -demolition permit, the , person Dbtaininig- such permit will.be given written notice that any failure to complete demolition in accordance withthe terms, of the permit will give to the City of Beaumont the tight to enter imme- diatelyupon the premises t6 ''' complete .plete o - r' have com- pleted, ., the demolition project. Upon''the failure to complywithany demolition -permit the.bu'ildin g officig,l.is hereby authoriz'ed to immediately do_ everythiftg..-necessary to complete.the.demolition project. 'Up.bft completion of the demolition pro* t jec .the building 'Official'..'shall., inthecase of a cash deposit'as-allowed in,'i-Sectio48-1.3 withhold as much of -said cash deposit as is n,ecessary.to com- plete the 'demolition project, returning monies. not so expended, If"any, to'.the depositor.' In the ,case e of a.bond as provided -in Section 8-1.3, the building,,o:rficial shall make claim on said bond by notifying.in writing theprincipaland ,suretyonsaid bo ' ftd of the amount of- said claim. In those- instancesn . iwhich the, cash de'posit.-or' bond is I not in A gufficient,.amount to complete the demolition project., the ,City: may take. all necessary legal y action to .enforce the terms of the building -permit. This shall specifically include"- the right to attach a lien to'the land to''cover the excess cost of, demolition.. In those. -instances in which no bond or cash.deposit is required, any failure . orrefusal to comply' -with' the demolition permit. shallgiveto the City' -of Beaumont the, right to take ll, y a necessary legal action against the owner of the premises .to enforce.the terms of the..building permit. This shall specifically include the right to.have the premises. cleaned in-a,6c'ordanc*e with thetermsof Section 8-1.4,,and attach a lien to the land to cover the cost." -3- Section 3. If any section, subsection, sentence, clause or phrase of this ordinance, or the application of same'to a particular set of persons or circumstances should for any reason be held invalid, such invalidity shall in no wise- affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are.declared to be severable. Section 4. That all ordinances and parts of ordinances in conflict herewith are hereby.repealed. PASSED by,the City Council this the day of 1973. A Mayor - -4-