CHAPTER II. BUILDING AND PROPERTY REGULATIONCHAPTER II. BUILDING AND PROPERTY REGULATION\Article 5. Moving or Razing Buildings

No person, firm or corporation shall move, haul or transport, any house, building, or other structure of the height of sixteen (16) feet or over, after having been placed in final position for moving, upon, across or over any street, alley or sidewalk in this city nor shall any person, firm or corporation raze any structure of the height of ten (10) feet or over, without first obtaining a building permit as stated in Article 2 of this Chapter.

(Code 2019)

Applications for permits to demolish or dismantle any structure shall be filed with the city clerk’s office and shall set out the description of the structure and its location and detailed plans of the proposed work.

(Code 2019)

Before a permit to move or raze any house, building, or other structure, is granted under the provisions of this article, the applicant for said permit shall pay to the city clerk the sum of fifteen dollars ($15.00) therefore, which shall be deposited to the credit of the general fund of the city.

(Code 2019)

(a)   It shall be the duty of any person at the time of making application for a permit as provided in this ordinance to give a good and sufficient surety bond to the city, to be approved by the city clerk, indemnifying the city against any loss or damage resulting from the failure of any such person to comply with the provisions of this article or for any damage or injury caused in moving or razing any such house or structure. The bond herein shall be in the sum of Five Thousand Dollars ($5,000.00), or cash may be deposited in lieu of such surety bond.

(b)   A public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand Dollars ($300,000.00) per accident as to personal injury, and Fifty Thousand Dollars ($50,000.00) property damage may be permitted in lieu of a bond.

(Code 2019)

Any person or persons, who shall demolish or dismantle any house, building, or other structure, shall within sixty (60) days from the start of the work of demolition or dismantling, unless a shorter time is specified by the permit, clear or cause to be cleared from the lot(s), or tract(s) left vacant by such demolition or moving, all trash, debris, junk, and discarded building materials not to be used immediately in rebuilding, shall remove all foundations or parts of foundations below ground level unless another house, building, or other structure is to be erected immediately upon the foundations, as specified in the application for the permit, and shall fill in all open wells and cisterns, cellars, basements, or other excavations remaining on such lot(s), or tract(s), unless the same are to be used immediately in connection with other structures to be erected.

(Code 2019)

Whenever a structure is razed or removed, the premises shall be:

(a)   Maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restarting of established grades and the erection of the necessary retaining walls and fences.

(b)   Within fourteen (14) days of the razing or moving, all debris and miscellaneous building materials shall be removed from the site.

(c)   Any existing foundations shall be demolished and removed, and all excavations shall be filled to grade as referenced in section 2-505. The vacant lot shall be filled, graded and maintained in conformity to the established street grades at curb level within fourteen (14) days of the removal or razing of the building or structure.

(d)   The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which may endanger the life or health of the public.

(e)   All service utility connections shall be discontinued and capped in accordance with the approved rules and the requirements of the authoritative agency having jurisdiction. The sewer shall be plugged at the property line.

(f)   Provisions shall be made to prevent the accumulation of water on the premises or damage to any foundations or rights-of-way to adjoining properties.

(g)   Erosion control measures as set forth in Article 6 of this Chapter shall be established.

(Code 2019)

Upon the failure or neglect of the owner(s) or of such house, building, or other structure or of any person, firm, or corporation assisting in the work of demolition or dismantling such house, building, or other structure to fully comply with the provisions of this article, the Governing Body may cause:

(a)   All work to be done necessary for compliance under this article or the articles set forth in Chapter IV, and

(b)   the bond furnished under the provisions of this article shall secure the payment of the expense thereof or if a cash deposit has been made, such expense shall be deducted from such cash deposit.

(Code 2019)