AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS REPEALING ARTICLE 12 OF CHAPTER V OF THE CITY CODE AND ADOPTING PROVISIONS REGULATING THE DEMOLITION OF STRUCTURES WITHIN THE CITY OF LAWRENCE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Article 12 of Chapter V of the Code of the City of Lawrence, Kansas, 2006 Edition and amendments thereto, is hereby repealed.
Section 2. Article 12 of Chapter V of the Code of the City of Lawrence, Kansas, 2006 Edition and amendments thereto, is enacted to read as follows, the intent being to replace the current provisions:
ARTICLE 12. DEMOLITION OF STRUCTURES
5-1201 DEMOLITION PERMIT.
It shall be unlawful for any person, firm or corporation to demolish any building or structure regulated by the International Building Code, Chapter V, Article 2, or the International Residential Code, Chapter V, Article 3 of this Code, without first obtaining a separate demolition permit for each building or structure from the Building Official.
5-1202 APPLICATION FOR DEMOLITION PERMIT.
To obtain a demolition permit an applicant shall submit an application in writing to the Building Official on a form furnished for that purpose by the Building Official. Such application shall be signed by the record owner(s) and any contract purchaser(s), and shall provide the following information:
(A) The name, address and telephone number of the current record owner(s) and any contract purchaser(s) of the building or structure;
(B) The street address of the building or structure;
(C) The legal description of the lot or parcel on which the building or structure is located;
(D) The name, address and telephone number of the demolition contractor, if it is someone other than the owner;
(E) The name, address and telephone number of the person, firm, or corporation responsible for the building, if it is someone other than the owner; and,
(F) If the building or structure contains friable asbestos containing material as defined in K.S.A. 65-3501 et seq., as amended, then a copy of the certificate issued by the Kansas Secretary of Health and Environment for such asbestos project shall be submitted with the application.
5-1203 NOTICE REQUIREMENTS.
(A) PUBLIC NOTICE. Within five (5) business days after receipt of an application for a demolition permit, the Building Official shall cause a notice to be published once in the official City newspaper stating that an application for a demolition permit has been submitted. Such notice shall provide the following information:
(1) The name, address and telephone number of the current record owner(s) and any contract purchaser(s) of the building or structure;
(2) The street address of the building or structure;
(3) The legal description of the lot or parcel on which the building or structure is located;
(4) The name, address and telephone number of the demolition contractor, if it is someone other than the owner; and
(5) The name, address and telephone number of the person, firm, or corporation responsible for the building, if it is someone other than the owner. The Building Official shall also send copies of such notice to local media representatives; however, such copies shall be considered a courtesy and not part of the required notice.
(B) NOTICE TO HISTORIC RESOURCES COMMISSION. Within five (5) business days after receipt of an application for a demolition permit for any building or structure designated as a landmark or located within a Historic District, or the environs thereof, as defined by Chapter XXII, Code of the City of Lawrence, Kansas, the Building Official shall send a copy of the application to the Historic Resources Commission.
5-1204 INSPECTION.
Prior to issuance of a demolition permit the Building Official shall inspect the building or structure to determine if it contains a hazard to public health or safety. If at any time it is discovered that the building or structure contains friable asbestos containing material, then any demolition permit issued for such building or structure shall be immediately revoked by the Building Official, and no demolition permit shall be issued until the applicant has submitted to the Building Official a copy of the certificate issued by the Kansas Secretary of Health and Environment for such asbestos project.
5-1205 DEMOLITION PERMIT FEE.
There is hereby levied a permit fee in the amount of fifty dollars ($50) for each demolition permit issued by the Building Official.
5-1206 DEMOLITION PERMIT ISSUANCE.
(A) The demolition permit shall not be issued until thirty (30) days after the submittal of the application for the permit. If, in the judgment of the Building Official, conditions exist that are imminently dangerous to human life or are detrimental to public health or welfare, a demolition permit may be issued immediately upon receipt of a sufficient application.
(B) No demolition permit may be issued for the demolition of a building or structure which is:
(1) A landmark or within the area of an Historic District, or their environs; or,
(2) A nominated landmark or a key contributing or contributing building or structure within a nominated Historic District, as defined in Chapter XXII, Code of the City of Lawrence, Kansas, unless the applicant shall have first obtained a Certificate of Appropriateness or Certificate of Economic Hardship for such demolition from the Historic Resources Commission.
5-1206.1 DEMOLITION PERMIT EXPIRATION.
(A) A demolition permit shall expire and become null and void if the demolition authorized by such permit is not completed within one hundred eighty (180) days from the date of such permit. Any permittee holding an unexpired permit may apply for an extension of the time within which the permittee may complete work under that permit when the permittee is unable to complete work within the time required by this Section for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being completed. No permit shall be extended more than once.
(B) Suspension of Revocation. The Building Official may, in writing, suspend or revoke a demolition permit whenever the permit is issued in error.
5-1207 DEMOLITION WORK STANDARDS.
It shall be the responsibility of the demolition contractor to meet the following standards:
(A) Secure a demolition permit from the Building Official;
(B) Disconnect all utilities, including but not limited to water, sewer, gas, electricity, cable television and telephone service, prior to commencing any demolition work;
(C) Provide, erect and maintain any fences, barricades and warning signs as prescribed by the Building Official;
(D) Conduct a final safety inspection immediately prior to commencement of the demolition to verify that no one is in the building or structure;
(E) Notify the Building Official upon completion of all work;
(F) Conduct such test, or cause such tests to be conducted, as are necessary to determine if the building or structure contains friable asbestos containing material; and,
(G) Obtain a certificate from the Kansas Secretary of Health and Environment pursuant to K.S.A. 65-5301 et seq., as amended, if the building or structure contains friable asbestos containing material.
5-1208 VARIANCE.
The Governing Body may authorize in specific cases a variance from the specific terms of this Article which will not be contrary to public interest and where, owing to special conditions, a literal enforcement of the provisions of this Article would result in unnecessary hardship. An application for a variance shall be filed with the Building Official on a form furnished for that purpose by the Building Official.
5-1209 PENALTY.
Any person, firm, or corporation violating any of the provisions of this Article shall be subject to a fine not to exceed five hundred dollars ($500), or to imprisonment not to exceed three (3) months, or both, in the discretion of the court. Each day that any violation continues shall constitute a separate offense.
5-1210 SUPPLEMENTAL TO BUILDING AND RESIDENTIAL CODES.
The provisions of this Article shall be supplemental to the International Building Code, Chapter V, Article 2, and the International Residential Code, Chapter V, Article 3, of this Code.
5-1211 SEVERABILITY.
If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
Section 3. This ordinance shall be in full force and take effect on January 1, 2008 and after its publication as provided by law.
Passed by the Governing Body this ____ day of _____________, 2007.
Sue Hack, Mayor
ATTEST:
Frank S. Reeb, City Clerk
Approved as to form and legality:
Toni Ramirez Wheeler, Director of Legal Services