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