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2015-621 ORDINANCE NO. 2015 - 621 An ordinance creating regulations to remove salvageable material from vacated buildings in the City of Janesville, with penalties for violations thereof as set forth in JGO 15.80. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 15.07 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: "15.07 NON - STRUCTURAL DEMOLITION Chapter 15.07 NON - STRUCTURAL DEMOLITION AND SALVAGEABLE MATERIALS Sections: 15.07.010 Definitions 15.07.020 Permit - Fees 15.07.030 Operating Requirements 15.07.040 Inspections 15.07.050 Summary Suspension 15.07.060 Non - Renewal or Revocation 15.07.070 Transferability 15.07.080 Enforcement 15.07.090 Penalty Section 15.07.010 - Definitions. A. Building Official. The Building and Development Services Manager or his /her designee. B. Salvage. To remove salvageable material from a vacated building or structure for other than personal re -use by the owner of the real estate from which it was removed, without immediate functional replacement thereof. The phrase "immediate functional replacement thereof' includes without limitation functional replacement that occurs as a part of a remodeling process over time pursuant to a valid and subsisting building permit. C. Salvageable Material. Real or tangible personal property that: 1. was man -made; 2. was affixed with respect to real property; 3. is detachable from real property; and 4. has a resale value, either for re -use or as scrap. D. Vacated Building. A building or structure having occupiable space of over twenty thousand square feet (20,000 sq.') commercial and fifty thousand square feet (50,000 sq.') industrial that had a principal commercial /industrial use as its most recent use allowed by law, which principal use has ceased. Section 15.07.020- Permit A. Permit. No person may salvage from a Vacated Building unless pursuant to a permit therefor granted by the Plan Commission and issued to the applicant. B. Permit Application. 1. The applicant may be the owner of the real estate, or the Contractor hired by the owner. Under all circumstances, the applicant, if other than the owner, and the owner, shall be jointly and severally responsible for compliance with the terms of this Chapter. 2. Application for a permit, whether initial or renewal, shall be filed with the Building and Development Services Division on forms created by the Building Official and provided by the City. The application for a permit shall at a minimum comply with Chapter 15.01 of the Code of General Ordinances for the City of Janesville. The Building Official, Plan Commission, and /or Common Council may require, and the applicant shall provide, additional information of a specific applicant prior to consideration and action on the permit 3. A permit fee must accompany the application. An application fee of $150.00 shall be paid to the City by the applicant when the one -time permit application is filed. 4. An Asbestos containing material (ACM) inspection must be completed by a certified asbestos inspector separate from and prior to work under salvage permit. All asbestos containing materials which require removal prior to salvaging will be removed from the building by a certified asbestos abatement contractor separate from and prior to the start of the work under a salvage permit. A "Notice of Demolition" DNR form #4500 -113 must be completed for all commercial buildings or residential buildings of five or more dwelling units if asbestos is being removed prior to salvage. Proof of DNR approval must be submitted prior to issuance of a salvage permit. C. Permit Grant. The Plan Commission shall consider the permit application but only after receiving the recommendation of the Building Official, which recommendation may not be unreasonably withheld. Prior to making its recommendation to grant or deny the application, the Plan Commission shall consider: the application; the report, if any, of the Building Official; the expertise of the applicant; the effect of the proposed operation on the surrounding neighborhood; the effect on the City of having a stripped structure remain if the structure is not proposed to be immediately razed or immediately renovated; the presentation, if any, of the applicant; the comments of the public; and such other matters germane to the decision. In making a recommendation to grant, the Plan Commission shall address the following matters: the amount of the Irrevocable Letter of Credit to be required by the permittee as a condition of issuance of the permit and as a requirement of operation; other State or local permits as required by law, rule, or regulation that must be obtained as a condition of issuance of the permit or as a condition of operation; reasonable special operating requirements to be required of the permittee in addition to those listed in subsection D, herein; and such other matters or limitations as the Plan Commission determines is necessary to protect the public interest. After grant and after all conditions of issuance have been satisfied, the Building Official shall issue the permit to the applicant, who may then be referred to herein as permittee or permit holder. D. Irrevocable Letter of Credit. As an additional condition of issuance by the Building Official of the permit, the applicant /permittee shall post with the City Clerk- Treasurer a sight -draft Irrevocable Letter of Credit, payable immediately upon presentment, in an amount required by the Plan Commission and in a form approved by the City Attorney. The Irrevocable Letter of Credit shall name the City as the beneficiary thereof and shall guarantee the timely and full lawful performance by the applicant/ permittee of the salvage work and all other actions required by this Chapter. The Irrevocable Letter of Credit must be issued by a financial institution certified by the state to conduct such business within the state of Wisconsin, allowing for direct draw by the City upon demand without the necessity for any prior court action or approval by permittee, to complete the work or to repair damage that was the obligation of the permittee. The Irrevocable Letter of Credit must contain, as a part of its provisions, that it remains as an obligation in favor of the City for not less than one year after completion of the last act of salvage by the permittee or after the expiration of a permit issued under this section to the permittee, whichever is later. In considering the amount of the Irrevocable Letter of Credit, the Plan Commission shall consider: the recommendation, if any, of the Building Official; the expertise of the applicant; the longevity of the applicant; the capitalization of the applicant; the scope of the proposed project; the possible environmental hazards that could be created; the effect of the proposed operation on the surrounding neighborhood; the cost of remediation on the City should the City have to address any matter due to the unwillingness, failure, or inability of the permittee to complete its salvage and /or related obligations. Under extraordinary circumstances under which the Plan Commission determines that the requirement to obtain a Letter of Credit is unreasonable, the Plan Commission may, in the exercise of its discretion, authorize alternate security. E. Permit Term. 1. Initial term. The initial term for permits issued under this section shall be valid for a period of three hundred sixty five (365) days from the date of issue. 2. Renewal term. A permit issued to the applicant is personal to the applicant /permittee and limited to the term granted. The permittee may not have an expectation in the renewal of the permit. The permits may be renewed at the discretion of the Building Official upon application, by a permittee, filed prior to expiration of the initial term or any renewal thereof. Each renewal may be granted for up to ninety (90) additional days; no more than two (2) renewals will be granted. Renewal is discretionary, not a matter of right, and sets no precedent for other cases for the same or any other person. 15.07.030- Operating Requirements A. General Operating Requirements. The following general operating requirements shall apply to all permittees or those working for a permittee subject to terms of the permit in accordance with the provisions of this Chapter. 1. The permit issued pursuant to this Chapter at all times shall be conspicuously displayed upon the premises upon which the building or structure is located. 2. The building and premises shall, at all times, be maintained in as clean, neat, and sanitary of a condition as such premises will reasonably permit, in the sole opinion of the Building Official and /or his /her designee(s). 3. No garbage, refuse, or other waste liable to give off a foul odor or attract vermin shall be kept on the premises, except for domestic garbage which shall be kept in containers which are, in the opinion of the Building Official or the Health Administrator, rodent - proof, and removed from the premises as often as is necessary to provide a sanitary environment. 4. Work done under this permit is subject to inspection by the Building Official and /or his /her designee(s). 5. The permittee shall have the responsibility at all times to obtain, pay for, and maintain policies of insurance in the following minimum amounts, naming the City of Janesville as an additional and /or co- insured for all entities or natural persons doing work upon the property, building, and /or structure, or associated with the work under the permit, and shall maintain on file with the City Clerk- Treasurer current certificate(s) of insurance for same: a. Commercial General Liability: 1. General Aggregate: One Million Dollars ($1,000,000); 2. Each Occurrence One Million Dollars ($1,000,000). b. Automobile Liability (Owned, non - owned, leased) 1. Bodily Injury: One Million Dollars ($1,000,000) each occurrence 2. Property Damage: One Million Dollars ($1,000,000) each occurrence. c. Pollution Legal Liability: Five Million Dollars ($5,000,000) each loss where asbestos removal, environmental process, abatement, remediation, or dumping /disposal in a Federal or State regulated facility is required; the Plan Commission may require a greater or lesser minimum amount down to and including zero (0) of Pollution Legal Liability insurance policy, depending on the circumstances of the project that is the subject of the permit. d. Workers' Compensation: Statutory Limits e. Umbrella Liability: Two Million Dollars ($2,000,000) over the primary Commercial General Liability and Automobile Liability insurance coverages listed above. 6. No scrap salvage or debris which is temporarily stored on the premises shall be allowed to rest or protrude over any public street, walkway, terrace, other public property, or curb, or become scattered about or blown off the premises, or become a nuisance or hazard of any kind. 7. No mechanized process whatsoever shall be utilized on the premises to reduce salvageable material or debris in volume after such salvageable material has been detached from the real property, unless a special exception is provided therefore by the Plan Commission. Such prohibited mechanized processes include, but are not limited to, crushers or shredders. 8. No premises, structure, or building subject to a permit shall be allowed to become a public nuisance or be operated in such a manner as to adversely affect the public health, safety, or welfare. 10. There shall be full compliance with City Building, Fire and Health Codes and with all other City, County, State and Federal laws, rules or regulations which may be applicable. 11. The permit holder shall, during the salvage process and term of the permit and any and all renewals and extensions thereof, maintain the work site in a safe and secure condition. 12. The permit holder shall dispose of building and structure debris in a licensed landfill, except for salvaged materials. At any time, the permit holder shall produce to the Code Official receipts and /or an itemized list of debris disposed of by dumping or salvage. 13. The permit holder must meet standards, pursuant to provisions of JGO 8.64 (Solid Waste and Recycling) as from time to time amended and /or renumbered. 14. The permit holder shall be responsible for disconnections of utilities, including but not limited to, plumbing and electrical, necessary for the salvaging process, and shall provide evidence satisfactory to the Building Official and /or his /her designee that the necessary disconnections have been accomplished. 15. The Irrevocable Letter of Credit imposed as a condition of issuance of the permit shall be maintained operative and in effect at all times in the manner set forth in this Chapter. 16. Permittee shall comply with all orders of the Plan Commission imposed at the granting of the permit or at any other time. 17. Permittee must provide to the City, and must maintain current, a list of contractors and subcontractors doing work that is subject to a permit issued pursuant to this Section, which list of contractors shall include proof of valid and subsisting policies of insurance in satisfaction of the General Operating Requirements specified herein. As used herein, the phrase "maintain current" means that the list filed with the City is updated by the permittee prior to the contractor and subcontractor(s) commencing work pursuant to the permit. 15.07.040-Inspections Inspections. Permit holders and property owners shall permit authorized representatives of any Department of the City having enforcement powers to inspect, from time to time and at any time, the premises permitted and those proposed to be permitted, with or without advance notice, as often as may be required to permit said Departments, the Building Official and /or her /his designee(s) to perform her /his /its, and /or their duties to facilitate compliance with the permittee's requirements under this Chapter, without first obtaining a special inspection warrant. Inspections shall be made The unreasonable or unexcused failure and /or refusal by any person to permit such inspection(s) shall be grounds for permit denial, suspension, revocation, enforcement, the imposition of fee penalties, the imposition of other penalties, the issuance and execution of a special inspection warrant, and /or such other relief as provided in law and equity, all such remedies being cumulative and not exclusive in favor of the City, its Building Official(s), and /or her /his designee(s). 15.07.050 - Summary Suspension Summary Suspension. If in the sole opinion of the Building Official and /or her /his designee(s), any member of the public is or might be subject to imminent danger due to the action(s), failure(s), refusal(s), default(s), and /or violation(s) by the permittee of any one or combination of more than one of the General Operating Requirements and /or any other provision and /or requirements set forth in this Chapter and /or elsewhere, the Building Official Official and /or her /his designee(s), shall issue an order to the permittee requiring immediate cessation of those operations implicating the imminent danger to person or property. Pursuant to such order, the permittee shall forthwith cause such operation(s), action(s), failure(s), refusal(s), default(s), and /or violation(s) to cease in the manner as directed in the order. Failure to maintain insurance as required, failure to maintain the Irrevocable Letter of Credit as required, or to permit inspection as required are each separate and distinct per se violations implicating imminent danger to the public necessitating an order to cease all operations and /or for the permittee to take one or more other corrective action(s). In the event that an order to the permittee requiring immediate cessation and /or other action is issued by the Building Official, et al, such order shall be considered by the Plan Commission no later than at its next regular meeting. The Plan Commission, after hearing from the Building Official, the permittee, other person(s), and the public, shall affirm the order, reverse the order, or modify the order. The decision of the Plan Commission may be appealed to the Common Council by either the Building Official or the permittee. 15.07.060- Non - renewal or Revocation Non - renewal or Revocation Disciplinary Hearings. Disciplinary hearings, including nonrenewal, suspension, revocation, modification, and /or other relief /remedy hearings, shall be held before the Plan Commission. The Plan Commission shall determine whether the arguments shall be presented orally or in writing, or both. If the Plan Commission, after considering the Building Official's report and any arguments presented by the Building Official and permittee, find the complaint to be true, or if there is no objection to a report recommending a suspension, revocation, nonrenewal, modification, and /or other relief /remedy, the permit shall be suspended, revoked, not renewed, modified, and /or other relief and /or remedy as provided by the Plan Commission. If the Plan Commission find the complaint untrue, the proceedings shall be dismissed without cost to the accused or City. The decision of the Plan Commission may be appealed to the Common Council by either the Building Official or the permittee. Building Official shall give notice of each suspension, revocation, non - renewal, modification, and /or other relief /remedy to the party whose permit is affected. 15.07.070- Non - Transferability of Permit Non - Transferability of Permit. Permits issued hereunder are personal to the applicant and are not transferable from person to person. Permits issued hereunder are issued to a particular site and are not transferable from place to place. 15.07.080- Enforcement Enforcement. The Building and Development Services Manager or his /her designee shall have the primary responsibility to enforce this ordinance. Enforcement authority is as set forth in JGO 15.80. 15.07.090 - Penalty 1. Failure to obtain a permit prior to commencement of work will result in a penalty of $100 or double the permit fee, whichever is greater, but in no event shall the penalty exceed $2,000. Such penalty shall be paid in addition to the customary permit fee. 2. A One Hundred Dollar ($100.00) re- inspection fee shall be charged by the City against and paid by the property owner if the violation is not corrected by the re- inspection date. One Hundred Dollars ($100.00) will be charged for each subsequent re- inspection until full compliance is achieved. Re- inspection fees that are not timely paid shall be entered upon the tax roll as a special charge against the lot or parcel of land, pursuant to the provisions of Sec. 66.0627, Wis. Stats., as from time to time amended or renumbered. 3. Additional penalties, remedies, and relief for violations hereof are as set forth in JGO 15.80, as from time to time amended or renumbered. 4. All double and other permit fees, re- inspection fees, relief, remedies, penalties, and enforcement set forth in this Chapter and /or at law or equity are cumulative and not exclusive." ADOPTED: November 9, 2015 Motion by: Farrell / Second by: Marklein APPROVE 1 Councilmember Aye Nay — Pass Absent Bobzien X Mark A. Freit . • , City Ma ager Deupree X / Farrell X ATTES ' . Gruber X • ebert X David '. Godek, City Clerk-. reasurer Marklein X APPROVED AS TO FORM: Tidwell X Wald Klimczyk, City Attorney Proposed by: Administration Prepared by: Building and Development Services Manager and City Attorney City Attorney/Word /Shared /Ordinance Salvage Clippert Wald 09042015.doc