WHEATON CODE OF ORDINANCES: ARTICLE XIV. DEMOLITION OF BUILDINGS*

Copyrighted by WHEATON CODE & Municipal Code Corporation, 1998.

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Cross reference(s)--Business licenses generally, § 26-31 et seq.

The demolition of any structure shall require a permit which has been reviewed and approved by the department of building and code enforcement in conformance with this article. Nothing contained within this article shall limit the authority of the director of building and code enforcement to order a structure demolished in a life or health threatening emergency situation or as may be otherwise authorized by state statute, other city ordinance, or common law.

(Ord. No. F-1044, § 1, 5-16-05)

Sec. 22-201. Definitions.

(a) For the purposes of this article, the term "demolition" shall mean the razing and removal of all or substantially all of a structure.

(b) For the purposes of this article the term "accessory structure" shall mean a structure which is subordinate to and serves a principle structure; is subordinate in area, extent and purpose to the principle structure; contributes or has contributed to the comfort, convenience or necessity of the principle structure, and is located on the same parcel of property as the principle structure.

(c) For the purposes of this article the term "structure" shall mean any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, which is affixed to the land.

(d) For the purposes of this article the term "principal structure" shall mean the building in which the principal or primary use on the lot is conducted.

(Ord. No. F-1044, § 1, 5-16-05)

Sec. 22-202. Application.

(a) Principal structure. In order to obtain a building demolition permit for the demolition of any principal structure, a permit application form must be completed and submitted to the director of building and code enforcement. The building demolition permit application must include the following information:

(1) Location of property; legal description; legal owner of property.

(2) Plat of survey for the property.

(3) Plan identifying structure(s) to be demolished.

(4) Specific plans for the reuse of the property if the demolition permit is approved. If the reuse plan contemplates construction of a structure, an application shall include building plans and specifications prepared in compliance with the provisions of this chapter for any structure to be built on the subject property. If commencement of construction of such structure is not planned to occur within 60 days after completion of demolition, then the application also shall include a detailed site restoration plan as provided in section 22-202(a)(5).

(5) Site restoration plans and specifications: If commencement of construction of a new structure is not planned to occur within 60 days after completion of demolition, then the application shall include a detailed site restoration and maintenance plan depicting all work required to restore the subject property, within 60 days after completion of demolition, to a safe, clean condition until construction of a new structure has commenced, including without limitation backfilling of any excavation, grading, seeding, fencing, storm water management, utility disconnections and the like.

(6) Stormwater management plans: In addition to all other required plans and specifications, the application shall include detailed plans and specifications for stormwater management, soil erosion control, and grading on the subject property. Such plans and specifications shall be on a drawing or drawings separate from all other plans and specifications, labeled as "stormwater management plans." Such plans and specifications shall be made in conformance with the requirements of the city's stormwater management ordinance.

(7) Names and addresses of those persons to whom tax bills were sent for the general taxes for the last preceding year on all real estate immediately adjacent to and across the street from the property on which the demolition is requested. The applicant shall file a sworn affidavit with the list of taxpayers certifying that the list is complete and accurate.

(8) The building and code enforcement department shall not consider any application for a principal structure unless the applicant furnishes all information required by this article.

(9) A tree preservation plan. A tree preservation plan shall be submitted which identifies all trees with a six-inch diameter or larger trunk located on the property. The plan shall identify any trees which would be removed in consequence of the demolition or reuse of the subject property and provide for their replacement in conformance with the city zoning ordinance.

(10) Traffic control plan. A traffic control plan that depicts subject property, surrounding roads, lots, and parking lots that indicates where construction vehicles and workers will be parking during the duration of the demolition/construction of the structure shall be submitted to the city with the demolition permit application. The city may make revisions to the traffic control plan based upon the volume of traffic on road, width of road, existing no-parking restrictions, location of drive approaches and the time of work.

(b) Accessory structure. Demolition permit applications for accessory structures must be submitted to the director of building and code enforcement. Demolition permit applications for accessory structures must be submitted along with information identified in section 22-202(a)(1) through (5), and (9).

(c) Interior demolition. Demolition permit applications for interior demolition (except single family structures) must include a description of the demolition work and a floor plan identifying the location demolition including any structural components scheduled for demolition.

(Ord. No. F-1044, § 1, 5-16-05; F-1185, § 2, 7-5-06)

Sec. 22-203. Hazardous structure.

Whenever the director of building and code enforcement, the city manager, or other city official designated to be in charge of enforcing the city's building code, determines that a residential, commercial, industrial, or other structure is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested ("hazardous structure") that it creates a serious hazard to the health and safety of the community, then that city official may placard the hazardous structure with a notice of demolition, repair or enclosure. The notice shall be dated as of the date of the posting and shall state that unless the hazardous structure is demolished, repaired, or enclosed, or unless any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials ("hazardous materials") are removed so that the serious hazard to the health and safety of the community no longer exists, then the hazardous structure may be demolished, repaired, or enclosed, or any hazardous materials may be removed by the city. Such notice shall be posted on the front of the hazardous structure and must be at least two feet by two feet in size.

(1) Notice. Within 30 days of the posting of the notice of demolition, repair or enclosure, the city shall:

a. Send a notice by certified mail, return receipt required, to all owners of record of the property, to the beneficial owners of any state land trust having title to the property, and to all lienholders of record in the property, stating that it is the intent of the city to demolish, repair, or enclose the hazardous structure or remove any hazardous materials if that action is not taken by the owner or owners; and

b. Provide constructive notice by publishing notice in a newspaper published or circulated in the city setting forth:

1. The permanent tax index number and the address of the hazardous structure;

2. A statement that the property constitutes a serious hazard to the health and safety of the community; and

3. A statement that the city intends to demolish, repair, or enclose the hazardous structure or remove any hazardous materials if the owner or owners or lienholders of record fail to do so. This notice shall be published for three consecutive days.

(2) Objection. A person objecting to the proposed actions of the city may file his or her objection in an appropriate forum in the Eighteenth Judicial Circuit Court, Wheaton, Illinois.

(3) Demolition or remedial action. If the hazardous structure is not demolished, repaired, or enclosed, or if the hazardous materials are not removed within 30 days of mailing the notice to the owners of record, to the beneficial owners of any state land trust having title to the property, and to all lienholders of record in the property, or within 30 days of the last day of publication of the notice, whichever is later, the city shall have the right and power, but not the obligation, to demolish, repair, or enclose the hazardous structure or to remove any hazardous materials.

The city may proceed to demolish, repair, or enclose a hazardous structure or remove any hazardous materials under this division anytime within a 90-day period following the date of the mailing of the notice. If any person seeks a judicial hearing and has served a copy of the complaint on the city before the city proceeds with the authorized actions set forth in this division, then the city shall not proceed with the demolition, repair, enclosure, of the hazardous structure or removal of hazardous materials until the court issues an order authorizing the city to do so.

(4) Lien. Following the demolition, repair, or enclosure of a hazardous structure, or the hazardous materials under this chapter, the city may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure or removal within 180 days after the repair, demolition, enclosure, or removal occurred, for the cost and expense incurred, including attorney's and consultant fees, in the office of the county recorder of deeds.

The notice of lien shall consist of a sworn statement setting forth:

a. A description of the real estate such as the address or other description of the property, sufficient for its identification;

b. The expenses incurred by the city in undertaking the remedial actions authorized under this division;

c. The dates the expenses were incurred by the city;

d. A statement by the city official responsible for enforcing the building code that the structure constituted a serious hazard to the health and safety of the community;

e. A statement by the city official that the required sign was posted on the structure, that notice was sent by certified mail to the owners of record, and that constructive notice was published in accordance with this division; and

f. A statement as to when and where the notice was published.

(Ord. No. F-1044, § 1, 5-16-05)

Sec. 22-204. Emergency demolition.

(a) Immediate danger. Where the director of building and code enforcement, the city manager or other city official designated to be in charge of enforcing thee city's building code determines that a residential, commercial or industrial structure has been so damaged by a catastrophic event as to constitute an immediate danger or threat to persons or adjacent properties, and further determines that it would be impractical to enclose the structure itself to eliminate the immediate danger or threat, city official shall placard the structure with either a notice of perimeter enclosure or demolition and undertake reasonable steps to promptly notify the owner of the necessity of the erection of a perimeter enclosure or demolition a perimeter enclosure shall mean the erection of a cyclone or similar fence on the lot on which the damaged structure is located which is of sufficient strength, permanency and location to stop the entry of unauthorized persons to the lot and/or the structure pending further action. If the owner cannot be found, or refuses to erect the perimeter enclosure so as to eliminate the immediate danger or threat to persons or adjacent properties or cannot be found within a reasonable period of time due to the nature of the danger or threat the city official shall have the right and power, but not the obligation, to eliminate the immediate danger or threat by erecting a perimeter enclosure as described by this division or if such perimeter enclosure is not adequate to respond to the eminent danger or threat to persons or adjacent properties the city official may demolish the structure. If any person seeks a judicial hearing and has served a copy of the complaint on this city before the city proceeds with authorized actions set forth in this section then the city shall not proceed with the secure perimeter enclosure or demolition until a court issues an order that authorizes the city to do so.

(b) Lien. Following the erection of perimeter enclosure or demolition the city may file a notice of lien against the real estate for the cost of the erection of the perimeter enclosure or demolition within 180 days after the erection of the perimeter enclosure or demolition of the structure for any and all costs and expenses incurred by the city attorneys and consultants fees in the office of the county recorder of deeds.

The notice of lien shall consist of a sworn statement setting forth:

(1) A description of the real estate such as the address or other description of the property, sufficient for its identification;

(2) The expenses incurred by the city in undertaking the remedial actions authorized under this division;

(3) The dates the expenses were incurred by the city;

(4) A statement by the city official responsible for enforcing the building code that the structure constituted an eminent danger or threat to persons or adjacent properties;

(5) A statement by the city official that the required sign was posted on this structure and a description of service of the notice or the attempts to serve notice upon the owners.

(Ord. No. F-1044, § 1, 5-16-05)

Sec. 22-205. Procedures for permit approval.

(a) Application review. The building and code enforcement department will be responsible for the processing and review of any building demolition permit application. As part of the review process, an inspection of the property may be performed by the building and code enforcement department.

(b) Notification. Within five working days of receipt of a complete building demolition permit application for a principal structure, the building and code enforcement department shall notify the owners of the real estate immediately adjacent to and across the property which is the subject of the demolition of the application. A general on sign shall be placed on the subject property by the city.

(c) Permit issuance. The building and code enforcement department shall not issue a permit for a principle structure less than 30 days from the receipt of the structure demolition permit application.

(d) Other application processing. The demolition of a principal and/or accessory structure may also be processed as part of an annexation, subdivision, zoning, or special use permit application. Any such application which includes the proposed demolition of a structure must include the permit application information referenced in section 22-202.

(e) Meeting with neighbors.

(1) Applicability: A meeting with abutting neighbors shall be undertaken by any property owner seeking a permit pursuant to article XIV of this chapter authorizing demolition of an existing house (the "applicant")." For purposes of this section an "abutting" property shall be any property having any common boundary with the property owners property and property which would have a common boundary if not interrupted by a street, alley or other right of way.

(2) Required meeting: At least 30 days prior to submitting an application for demolition or building permit, a meeting must be conducted by the applicant with the owner or adult resident of each property that immediately is adjacent to and across the street from the subject property (the "abutting owner").

(3) The meeting must be made at a time and place when it is reasonable that the abutting owners will be present. Notice of the meeting date shall be given by letter delivered via the U.S. Postal System to the abutting owners not less than seven days prior to the meeting date.

(4) Scope of meeting: During the meeting, the applicant shall show the abutting owners a copy of the proposed site plan, building elevation plan for the project and traffic control plan. The applicant shall explain to the abutting owners, in general terms, the scope of work, the timetable for the work, any special measures such as those being made to protect property, and other matters that may be relevant to the abutting owners. The applicant shall also provide the abutting owners with a city-prepared packet of information including, among any other things, a summary of construction regulations and procedures.

(5) The purpose of the meeting is not to secure any form of approval from the abutting owners, but instead to assure that the abutting owners have had an opportunity to learn, in general terms, about the proposed project.

(6) Record of meeting: The applicant must file with the city, prior to the issuance of any permit for work on the subject property, a standard "meeting completion form" that states that the applicant successfully completed the required abutting owners meeting.

(7) Condition precedent to building permit: The filing of the meeting completion form is a condition precedent to issuance by the city of a permit for work on the subject property.

(8) Demolition notice requirements still applicable: The meeting visit provisions of this section shall be in addition to, and not in lieu of, the demolition notice provisions of article XIV.

(Ord. No. F-1044, § 1, 5-16-05; Ord. No. F-1133, § 1, 1-6-06; F-1185, § 1, 7-5-06)

Sec. 22-206. Review standards, requirements.

(a) General standards. The building and code enforcement department will review all building demolition permit applications in accordance with this article and the ordinances of the city, together with the following standards:

(1) The granting of a permit shall not be detrimental to the public health, safety, and general welfare of the community.

(2) Adequate utilities, accessways, drainage, and other necessary facilities must be provided in order for a permit to be granted.

(3) The granting of the permit should promote the policies contained in the city's comprehensive plan, and the use of the subject property should be consistent with the designated comprehensive plan land use.

(4) Any new structure or use to be constructed on the subject property must conform to the applicable requirements of this Code and the city zoning ordinance, except as may be varied in accordance with zoning ordinance regulations.

(5) Meeting requirement. Prior to the issuance of a demolition permit, a meeting shall be conducted between city director of building and code enforcement or his designee and the demolition contractor to review the requirements for demolition.

The building and code enforcement department may also impose such conditions and restrictions upon the issuance of the permit as may be necessary in order to comply with the standards recited in this article.

(b) General requirement. If a building demolition permit application is approved by the building and code enforcement department, any demolition which takes place shall be done in accordance with the provisions of the ICC International Building Code in force at the time, the requirements of this Code, and any additional requirements or conditions as placed on the applicant by the city building and code enforcement department. The applicant shall also be required to submit to the city proof of disconnection of utilities prior to commencing demolition of the building.

(c) IEPA approval. If the application includes demolition of a building subject to state environment protection agency (the "IEPA") regulations the demolition permit application to the city shall include completed copies of any applications or other documents required by the IEPA.

(d) All single family dwellings and multi-family dwellings containing 3 units or less proposed for demolition shall be examined by an state-licensed asbestos building inspector at the owners expense who shall inspect all accessible areas of the dwelling proposed for demolition to determine if asbestos containing building materials are present. The inspection shall include, but not be limited to, pipes, beams, walls, ceilings, floors, furnace, boiler, water storage tanks, wall panels, insulation, siding, roofing and other potential asbestos containing materials. A copy of the inspector's license and report certifying the condition of the premises shall be submitted with the demolition permit application. In the event that suspect asbestos is found at the property, laboratory testing shall be performed, and if regulated friable asbestos material is present, removal and disposal of the asbestos shall be undertaken in conformance with all applicable laws, rules and regulations. Any plan for removal and disposal shall be confirmed in a report submitted to the city by the applicant's state-licensed asbestos building inspector. The city director of building and code enforcement may in his/her discretion submit the findings of any such inspector for review by an environmental consultant of its choice prior to approval of demolition permit. The review costs by any environmental consultant retained by the city shall be paid by the demolition permit applicant prior to issuance of the demolition permit.

(e) Particulate control. Airborne particles shall be controlled at all demolition sites at all times during the work by thoroughly saturating all portions of the structure and areas surrounding the structure with water. Such spraying shall be undertaken to thoroughly control creation and migration of airborne particles, including, without limitation, dust from the subject property during the demolition and removal of material from the subject property. The water source for control of airborne particles shall be either a water tanker truck with a pump capacity of 100 gallons per minute at the nozzle or a hydrant connection to the city's water system. If the city's water system is used the demolition contractor shall obtain a hydrant meter and the permit/ applicant shall pay the city for the retail value of the water used. The water shall be delivered from the water source by a hose with a minimum diameter of one and one-half inches. The water source for controlling airborne particles shall be identified on the demolition permit application. In the event that a water tanker truck is utilized to provide the water source, the name, address and telephone number of the entity providing such service shall be identified on the demolition permit.

(f) Safety fencing. Fencing shall be installed as required by section 22-6 of this chapter. Such fencing shall be removed no later than the completion of restoration as required by subsection (g) of this section. Required restoration or rough grading, when allowed by the code official, shall be completed no later than 45 days after completion of the demolition.

(g) Restoration. If construction of a new principal structure has not commenced within 30 days of demolition, the property shall be restored within 15 days thereafter. Restoration of the property shall include without limitation: permanent disconnection of sewer and water at mains, final grading and seeding, the removal of dangerous conditions, rubbish and debris, restoration of damaged public property and removal of safety and tree protection fencing. If weather does not allows final grading and seeding the code official may allow rough grading until weather conditions permit final grading. Silt fencing and other stormwater measures shall remain in place in accordance with city stormwater ordinance.

(h) Demolition bond. The applicant shall post with the city, at time of issuance of permit for the demolition of a principal structure, a cash demolition bond or a letter of credit in the form as attached as exhibit A to Ordinance Number F-0197 and incorporated herewith, in the amount of three percent of the cost of demolition or $10,000.00 whichever is greater. Such bond shall be in addition to all other application and processing fees, costs, escrows, bonds, and performance securities required by codes or ordinances of the city.

(1) The city shall have the right at all times, at its option, to draw on the cash demolition bond for the costs, including legal fees and administrative expenses, incurred or to be incurred by the city in exercising any of its rights under this article in the event the applicant undertakes any work in violation of any provisions of this article or of any permit issued or plan approved pursuant to this article, or the applicant fails or refuses to complete any work authorized by any permit issued under this article in accordance with all plans approved in connection with said permit.

(2) Replenishment of bond. If the city draws on the bond, then the applicant shall replenish the bond to the full amount required by this subsection (g) immediately after demand therefor is made to the applicant in writing by the city. Any failure of the applicant to replenish the bond shall result in cancellation of the related permit, which permit shall not be reissued thereafter except after the filing of a new application therefore, payment of the permit fee, and establishment of a new bond.

(3) Return of unused bond. Upon the completion of demolition the permit holder shall submit written request for refund of demolition bond or release of demolition letter of credit. The city shall return any unused portion of the demolition bond to the applicant, without interest, within 30 days after final demolition inspection of the subject property and approval of the completed demolition by the director of the building and code enforcement department of the city. Properties where construction of a new principal structure has not commenced within 30 days of demolition, shall be restored as required by subsection 22-206(g) before the demolition bond can be returned. For those properties that have been issued a building permit for a new structure and construction has begun within 30 days of completion of demolition, items to be complete prior to return of demolition bond shall include but not be limited to removal of all debris, rough grading of site, safety, tree and silt fencing in place and maintained, temporary disconnection of sewer and water services, sidewalk street and parkway clean and clear of obstructions. Where construction has not commenced within 30 days of the completion of demolition and the code official has allowed rough grading due to weather conditions the demolition bond shall not be returned until final grading and seeding has been completed.

(i) Notification of demolition activities. The person/entity obtaining a demolition permit shall contact the city building and code enforcement department at least one business day prior to the commencement of any approved demolition activities and identify the date(s) and time(s) of all scheduled demolition. In the event that the schedule is altered in any way, the city shall be provided notice of any and all such alterations, at least one business day prior to the alteration, in the same manner provided herein. The person/entity referenced above shall also notify the city on the day that demolition has been completed, in the same manner provide herein. A failure to comply with this section results in a separate violation for each day in which demolition activities proceed without proper notice.

Two brightly colored placards shall be provided by the city and posted in a conspicuous location by the permit holder or property owner. The placard shall identify the scheduled date of the demolition and shall be posted no more that ten days prior and not less than three days prior to the scheduled demolition date.

(j) Portable toilet: During demolition, the site shall be provided with portable temporary restroom facilities in the manner provided by the Illinois Construction Site Temporary Restroom Facility Act, 410 ILCS 37/10. The location of the portable toilet(s) shall be located as close to the center of the lot as possible and away from the adjacent properties, and shall not be placed on city right-of-way, including but not limited to, parkways or sidewalks.

(Ord. No. F-1044, § 1, 5-16-05; F-1185, §§ 1, 2, 7-5-06; Ord. No. F-1396, § 2, 12-1-08)

Sec. 22-207. Fees.

A nonrefundable fee in accordance with appendix B of this Code shall be required for a building demolition permit, and the fee must be submitted with the building demolition permit application required by section 22-202. The permit fee for a demolition permit not involving a principal structure shall be in accordance with appendix B of this Code. Permit fees as required by other codes and ordinances of the city may also be required.

(Ord. No. F-1044, § 1, 5-16-05)

Sec. 22-208. Penalty for violation of article.

If any structure is demolished without complying with this article:

(1) The owner of the subject property, demolition permit applicant and any other person or entity participating in any demolition activities on the subject property, including those involved in particulate control, shall each be subject to a separate fine of not less than $2,000.00 or more than $5,000.00 for each separate violation; and

(2) Until the owner of the subject property pays any and all fines for violations of the provisions of this article no building permits shall be issued for the construction of any improvement on the subject property and any active permits shall be suspended.

(Ord. No. F-1044, § 1, 5-16-05; F-1185, § 1, 7-5-06)

Secs. 22-209--22-411. Reserved.

Editor's note--Ord. No. F-1133, § 1, adopted Jan. 6, 2006, repealed section 22-411 in its entirety. Former section 22-411 pertained to a meeting with neighbors in the Northside residential overlay district, and derived from Ord. No. F-0997, § 1, 2-7-05.

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