2015-625 ORDINANCE NO. 2015 - 625
An ordinance to repealing and recreating certain regulations for the razing of 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. Section 15.01.130 of the Code of General Ordinances of the City of Janesville is
hereby repealed,
SECTION II. Chapter 15.08 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
"15.08 Razing of Buildings"
Chapter 15.08
RAZING OF BUILDINGS
Sections:
15.08.010 Definitions
15.08.020 Permit
15.08.030 Operating Requirements
15.08.040 Inspections
15.08.050 Enforcement
15.08.060 Penalty - Relief
Section 15.08.010 - Definitions.
A. Building Official. The Building and Development Services Manager or his /her
designee, (Building) Official.
B. Razing of Buildings. To destroy to the ground
C. Minor Buildings. A building or structure having occupiable space of under twenty
thousand square feet (20,000sq.') that had a principal residential /commercial /industrial use as
its most recent use allowed by law, which principle use has ceased.
D. Major Buildings. A building or structure having occupiable space of over twenty
thousand square feet (20,000 sq.') commercial/ industrial that had a principal
commercial /industrial use as its most recent use allowed by law, which principal use has
ceased.
Section 15.08.020- Permit
A. Permit Required. No person, firm, or corporation shall raze or cause to be razed
any building, structure, or part thereof without first obtaining a permit from the Building Official.
B. Permit Application.
1. The owner of the Building to be razed shall sign the Permit application. In the
alternative, an agent for the owner may sign the Permit application upon providing written
authorization verifying the permission of the owner to apply for the Permit. The Building Official
may require additional information and other State or local Permits as required by law, rule, or
regulation.
D. Fees. Permit fees shall be established from time to time by the City of Janesville
Common Council.
E. Permit Conditions. All Permits shall be subject to the following conditions:
1. A "Notice of Demolition" DNR form #4500 -113 must be completed and
provided to the Building Official for all commercial buildings or residential buildings of five or
more dwelling units if asbestos is being removed prior to demolition. An Asbestos containing
material (ACM) inspection will be completed by a certified asbestos inspector separate from and
prior to work under a demolition permit. All asbestos containing materials which require removal
prior to razing will be removed from the building by a certified asbestos abatement contractor
separate from and prior to the start of work under a demolition permit. Proof of DNR approval
must be submitted prior to issuance of a demolition permit.
2. Every person filing an application for a permit for the demolition of a Major
Building or structure shall file with the Building Official such application a detailed plan indicating
the manner in which the building or structure is to be demolished, the time schedule for all
phases of the demolition work, a disposal plan for debris. The plan shall also address noise,
dust, debris transport, hours of work, and protection of excavated or hazardous areas and
disposal areas.
3. The razing of a Building shall be completed within sixty (60) days after the
date the permit was issued. The Building Official may at his /her discretion extend the Permit for
cause. Cause shall mean the inability of the Permitee to act due to circumstances beyond
Permitee's reasonable control upon the exercise of due diligence.
4. Work done under a Demolition Permit is subject to inspection by the
Building Official who shall have the authority to order corrective work. Failure to follow the
orders of the Building Official, or to complete the raze in accordance with this Code, shall give
the Building Official authority to seek restitution from any required bond. If no bond, the cost
thereof shall be assessed against the property as a special charge and added to the next tax roll
against such property.
5. Whenever a Building or structure has been razed, the foundation thereof,
if any, shall be leveled to at least one (1') foot below grade. The basement and other openings
shall be filled to grade with sand, limestone, or other fill approved by the Building Official. No
combustible material may be used for the fill material. The excavation must be filled to grade
within a period of sixty (60) days from the date the permit to raze had been issued, unless within
that time actual new construction has been commenced on the site. If such excavation has not
been filled, construction commenced, or an extension granted by the Building Official within the
sixty (60) day period of time, it shall be the duty of the Building Official to have the excavation
filled and the cost thereof shall be assessed against the property as a special charge and added
to the next tax roll against such property.
6. Remaining slabs and private sidewalks shall be removed from the site by
the permittee prior to final approval.
7. Whenever a Building or structure has been razed, the site shall be graded
with a minimum of six inches (6 ") of topsoil, with seed and mulch or sod applied to cover the
entire disturbed area.
F. Major Buildings. Additional condition of issuance by the Building Official of the
permit for major buildings:
1. The applicant/permittee shall post with the City Clerk- Treasurer a Surety
bond payable to the City of Janesville in a form approved by the City Attorney
in the amount of the actual cost of the permitted work. Such bond shall
guarantee that all Work is performed in accordance with this Code and other
State and local laws, rules, and regulations, hold the City harmless from any
costs and expenses arising from the Permitted Work, and secure timely
performance of the Work. The City may reasonably require a bond of a
greater amount, on a case -by -case basis, where deemed necessary, to
protect the City. In extraordinary circumstances, the Common Council may
allow for an alternate form of security in an amount deemed reasonably
necessary and sufficient. The bond shall be made payable to the City of
Janesville upon demand unless all work is timely completed by the Permitee.
2. 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: Two Million Dollars ($2,000,000);
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.
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.
3. Every person filing an application for a permit for the demolition of a Major
Building or structure shall file with the Building Official such application a
detailed plan indicating the manner in which the building or structure is to be
demolished, the time schedule for all phases of the demolition work, a
disposal plan for debris. The plan shall also address noise, dust, debris
transport, hours of work, and protection of excavated or hazardous areas and
disposal areas.
15.08.030- 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. Demolition contractor shall notify all utilities for proper disconnections.
2. The owner of each adjacent building shall be legally notified of the
proposed wrecking so that proper precautionary and protective measures can be arranged and
made, and that proper arrangements have been made by the wrecker or adjacent owner of by
both parties to treat the resulting exposed portion of each adjacent building aesthetically so that
such exposed portion will not present an eyesore to the public spectacle.
3. Demolition contractor is responsible for permanent compliant capping and
inspection of all sewer and water laterals as determined by the Building Official.
4. Any underground storage tanks shall be removed in accordance with Fire
Department Regulations and other applicable regulations.
5. Any well must be capped and abandoned with DNR approval. The DNR
abandonment form must be submitted to the Water Utility.
6. Demolition contractor is responsible for payment of repairs for any
excavation in the right -of -way for this project.
7. Demolition contractor shall replace all public sidewalk, curb, gutter, street,
or utility damaged during the demolition.
8. 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).
9. No basement or excavation hole will remain exposed overnight without
proper barricading or fencing.
10. Work done under this permit is subject to inspection and approved by the
Building Official and /or his /her designee(s).
11. 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.
12. All demolition work shall be watered down during the demolition.
13. In cases where a building or structure to be razed lies in a business or
industrial zone and is not more than five feet from a sidewalk, all necessary precautions such as
barricades, railings, wall, light, etc., shall be taken to safeguard and protect an y persons or
property on or adjacent to such sidewalks. All existing and adjoining public and private property
shall be protected from damage incidental to the razing operations.
14. The permit holder shall dispose of building and structure debris in a
licensed landfill, except for salvaged materials.
15. The permit holder must meet standards, pursuant of JGO 8.64 (Solid
Waste and Recycling), as from time to time amended and /or renumbered.
15.08.040- Inspections
Inspections. Permit holders and property owners shall permit authorized
representatives of any Department official, or employee 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. 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).
15.08.050- Enforcement
Enforcement. The Building and Development Services Manager and /or his /her
designee shall have the primary responsibility to enforce this ordinance. Enforcement authority
is as set forth in JGO 15.80.
15.08.060- Penalty - Relief
A. 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.
B. 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.
C. Additional penalties, remedies, and relief for violations hereof are as set forth in JGO
15.80, as from time to time amended or renumbered.
D. All double and other permit fees, re- inspection fees, relief, remedies, penalties, and
enforcement set forth in this Chapter, in JGO 15.80, and /or at law or equity are cumulative and
not exclusive."
ADOPTED: December 14, 2015 Motion by: Gruber
Second by: Marklein
APPROVED: Councilmember Aye Nay Pass Absent
Bobzien X
Deupree X
Mark A. reitag, City Manager Farrell X
ATTES . Gruber X
Liebert X
.40,5/110 ' Marklein X
D d T. Godek, City Clerk- Treasurer Tidwell X
APPROVED AS TO FORM:
Wald Klimczyk, Uity Attorney
Proposed by: City Administration
Prepared by: Building and Development Services
Manager and City Attorney
City Attorney/Word /Shared /Ordinance Salvage Clipped Wald 09042015.doc