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Municipal Code

CHAPTER 1460 Demolition and Removal of Structures

EDITOR’S NOTE: This chapter, previously a codification of Ordinance 167, passed October 10, 1988, Ordinance 184, passed April 19, 1993, and Ordinance 188, passed March 14, 1994, was repealed in its entirety and re enacted by Ordinance 99 43, passed April 12, 1999. This chapter was again repealed in its entirety and re enacted by Ordinance 99 96, passed November 15, 1999, which was then repealed in its entirety and re enacted by Ordinance 2000 79, passed July 10, 2000.


1460.01 Intent.
1460.02 Permit required; application.
1460.03 Permit fees.
1460.04 Premises within an Historic District.
1460.05 Premises outside an Historic District.
1460.06 Inspection of premises.
1460.07 Review by Historic District Commission.
1460.08 Cooperation of applicant.
1460.09 Hearing by Council; notice.
1460.10 Action by Council; criteria to be considered.
1460.11 Applications not approved.
1460.12 Bond.
1460.13 Effective period of permit.
1460.14 Violations as nuisances.
1460.15 Insurance.
1460.99 Penalty.

CROSS REFERENCES
Demolition in the Historic District see P. & Z. 1230.03, 1230.07, 1230.10
Demolition of unsafe buildings see B. & H. 1478.02



1460.01 INTENT.
It is the intent of this chapter to regulate the demolition or removal of structures within the Village of Franklin in order to prevent risk of harm to public and private property; to protect the public health, safety and welfare; and to ensure that such demolition or removal shall not be injurious to surrounding properties, nor cause the loss of valuable historic assets.
(Ord. 2000 79. Passed 7 10 00.)

1460.02 PERMIT REQUIRED; APPLICATION.
No person, firm or corporation, public or private, shall demolish or remove any structure within the Village without having first obtained a permit from the Village for such demolition or removal. For purposes of this section, demolition or removal shall mean the reduction or elimination, during any continuous 36 month period, of fifty percent or more of the useable floor area (as defined in Section 1240.07(b)(30) of these Codified Ordinances) of any structure. Application shall be made on a form provided by the Village Clerk and shall include, at a minimum, the following information:
(a) The name of the applicant;
(b) A copy of a current title insurance policy or commitment showing all parties in interest in the subject parcel;
(c) The signatures of all parties in interest, including mortgage(s), indicating approval of the proposed demolition or removal;
(d) An exact description, including drawings, where necessary, of the proposed demolition or removal;
(e) Photographs showing front, rear and side views of all existing structures (as defined in Section 1240.07(b)(71) of these Codified Ordinances) located on the premises to be affected by such application; and
(f) A description of the work to be performed, including:
(1) A map depicting any historical or natural resources which may be disturbed, including the location of all trees having a trunk diameter of six inches or greater;
(2) The dates and times of the proposed work;
(3) The names and addresses of all contractors;
(4) The type or style of vehicles or other equipment to be utilized; and
(5) Traffic routes for vehicular equipment.
(Ord. 2000 79. Passed 7 10 00.)

1460.03 PERMIT FEES.
Each application for a demolition or removal permit shall be accompanied by a permit fee in the amount of one hundred fifty dollars ($150.00). Additionally, the applicant shall be responsible for any consultant review expenses in accordance with Chapter 210 of these Codified Ordinances, which may include, but not by way of limitation, the Village Building Official's review expenses and the expense of any historical study deemed necessary or appropriate by the Village.
(Ord. 2000 79. Passed 7 10 00.)

1460.04 PREMISES WITHIN AN HISTORIC DISTRICT.
Upon receipt of an application for a demolition or removal permit, together with the application fees as to premises within an established Historic District, the Village Clerk shall promptly refer the application to the Historic District Commission for the Commission's review and approval or denial of the application for demolition pursuant to the provisions of Chapter 1230 of the Planning and Zoning Code. If denied by the Historic District Commission, no further consideration of the application by the Village under this chapter shall be necessary. If approved by the Historic District Commission, the application shall be forwarded to Council for further consideration in accordance with this chapter (Ord. 2000 79. Passed 7 10 00.)

1460.05 PREMISES OUTSIDE AN HISTORIC DISTRICT.
Upon receipt of an application for a demolition or removal permit, together with the application fees as to premises located outside an Historic District, the Village Clerk shall refer the application to the Village Building Official and to the Historic District Commission. (Ord. 2000 79. Passed 7 10 00.)

1460.06 INSPECTION OF PREMISES.
Prior to the time scheduled for a hearing before the Village Council, the Village Building Official, or his or her designated representative, shall cause an inspection to be made of such premises upon which the proposed demolition or removal is to take place. Within thirty days after the date of the application for a demolition or removal permit, the Building Official shall present to the Village Council, in written form, his or her findings and opinions regarding the criteria referred to in Section 1460.10. Such findings or opinions shall be made a part of the record of hearing before the Village Council. (Ord. 2000 79. Passed 7 10 00.)

1460.07 REVIEW BY HISTORIC DISTRICT COMMISSION.
Prior to the time scheduled for a hearing before the Village Council, the Historic District Commission shall make an historical study and review of such premises upon which the proposed demolition or removal is to take place. Within sixty days after the date of the application for a demolition or removal permit, the Historic District Commission shall present to the Village Council, in written form, its findings or opinions as to whether or not the structure to be demolished or removed is within a proposed Historic District as defined in Section 1230.01 of these Codified Ordinances. Such findings or opinions shall be made a part of the record at such hearing before the Village Council. (Ord. 2000 79. Passed 7 10 00.)

1460.08 COOPERATION OF APPLICANT.
The applicant for a permit shall provide such assistance and information to the Village Building Official and the Historic District Commission as they, or either of them, shall reasonably require relative to their or its inspection and study. Refusal by the applicant to provide such assistance shall be grounds for denial of the permit application. (Ord. 2000 79. Passed 7 10 00.)

1460.09 HEARING BY COUNCIL; NOTICE.
The Village Clerk shall schedule the matter of an application for a demolition or removal permit before the Village Council at the first regular public meeting of the Council to be held no later than 120 days after the date of submission of such application and fees. Notice of such meeting shall be sent to all property owners within 1,000 feet of the parcel upon which such demolition or removal is being proposed.
(Ord. 2000 79. Passed 7 10 00.)

1460.10 ACTION BY COUNCIL; CRITERIA TO BE CONSIDERED.
(a) At the scheduled meeting, the Village Council shall consider the application for a demolition or removal permit, together with such written reports as shall have been submitted by the Village Building Official and the Historic District Commission. The Village Council shall approve such application only if it determines, in its discretion, that the following criteria have been met:
(1) All public utilities have been notified and there is no reasonable objection to the application by any public utility;
(2) The proposed plan for such demolition or removal is consistent with applicable ordinances and statutes and does not present any unreasonable risk of harm to persons or property; and
(3) Such proposed demolition or removal will not be injurious to public health, safety or welfare or lead to deterioration of the area in which the structure is located.

(b) The Village Council may condition approval of a permit for demolition or removal upon such requirements as shall, in the discretion of Council, reasonably insure that the criteria set forth in paragraphs (a)(1) to (3) hereof will be met and that the condition of the premises, after demolition or removal, shall meet all applicable requirements of these Codified Ordinances. (Ord. 2000 79. Passed 7 10 00.)

1460.11 APPLICATIONS NOT APPROVED.
If an application for demolition or removal is not approved by the Village Council, the Council shall specifically state its reason or reasons therefor, which shall be reported to the applicant in writing by the Village Clerk. The applicant, after making such changes in the application as may be required to meet the criteria set forth in Section 1460.10, may submit a new application for a demolition or removal permit. Such new application shall be accompanied by the required permit fee; however, if such new application is submitted within six months after rejection by Council of the prior application, neither an historical study fee nor further review by the Historic District Commission shall be required. (Ord. 2000 79. Passed 7 10 00.)


1460.12 BOND.
In the event of approval of the application, the Village Council shall set a performance bond (in the form of cash, a bank letter of credit or approved corporate surety) in an amount not less than five thousand dollars ($5,000). Said bond must be presented to the Village Clerk prior to the issuance of the permit. The amount of the bond shall reflect potential danger or harm to persons or property. Such bond shall be expressly conditioned on an approved final inspection by the Village Building Official. No permit for demolition or removal shall be issued by the Village Clerk until such bond shall have been filed. (Ord. 2000 79. Passed 7 10 00.)

1460.13 EFFECTIVE PERIOD OF PERMIT.
A permit issued under this chapter shall be valid for a period of ninety days and shall automatically terminate and expire if the demolition or removal shall not be commenced within thirty days of issuance of such permit.
(Ord. 2000 79. Passed 7 10 00.)

1460.14 VIOLATIONS AS NUISANCES.
In addition to the penalty provided in Section 1460.99, any violation of this chapter is hereby declared to be a nuisance per se and a danger to the public health, safety and welfare, and such violation shall be subject to an order of abatement and/or restoration by a court of competent jurisdiction. (Ord. 2000 79. Passed 7 10 00.)

1460.15 INSURANCE.
Prior to the issuance of a permit, the applicant shall file with the Village Clerk a certificate of insurance in a form and from an insurance company acceptable to the Village, evidencing comprehensive general liability insurance with limits of liability not less than one million dollars ($1,000,000) per occurrence and/or aggregate combined single limit, personal injury, bodily injury and property damage. The Village, including all elected and appointed officials, employees and volunteers, boards and commissions and their members, shall be named as additional insureds, and the certificate shall include an endorsement entitling the Village to at least thirty days' advance written notice of cancellation or non renewal of or material change in the insurance.
(Ord. 2000 79. Passed 7 10 00.)

1460.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)