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."
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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 -
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