16.080 Salvage and Non-Structural Demolition.

(1) Definition of “Salvage.” For purposes of this section, the term “salvage” shall be defined as the controlled removal of materials intended to be reclaimed or saved from destruction of a building including, but not limited to, machines, wire, conduit, equipment, steel, wood, copper, aluminum, glass, brick, concrete, asphalt material, tangible property that is manmade and detachable from the real property such as fixtures, and the like. Salvage activities shall require the issuance of a demolition permit under MMC 16.070, and all demolition permits will require the structure to be removed as described in the approved permit. There shall be no salvaging of any structure without demolition.

Vacated Building. This section is effective for a building or structure having a total volume, as measured by the exterior dimensions of the building or structure, of 25,000 cubic feet or greater that had a principal industrial or commercial use as its most recent use allowed by the MMC, which principal industrial or commercial use has ceased.

(2) Permit. No person may salvage from a vacated building unless the work is performed under a demolition permit issued to the applicant by the Building Inspector. Buildings over 100,000 cubic feet require approval by the Common Council after review by the Common Council, and all requirements and procedures of MMC 16.070(1)(b) shall apply.

(3) Permit Application.

(a) Who May Apply. The applicant may be the owner of the real estate, or the contractor hired by the owner. Under all circumstances, the applicant, if other than the owner, and the owner shall be jointly and severally responsible for compliance with the terms of the permit and this section.

(b) Form. Application for a permit, whether initial or renewal, shall be filed with the Building Inspector on forms created by the Building Inspector. The application for a permit shall at a minimum comply with Section 30.05 of the Wisconsin Uniform Building Code. The Building Inspector may require additional information of a specific applicant and property including, but not limited to, environmental assessment reports, and reports quantifying asbestos, lead-based paint, mercury and other hazardous substances.

(4) Fees. A permit fee must accompany the application. Permit fees shall be established by resolution of the Common Council.

(5) Irrevocable Letter of Credit. As a condition of issuance by the Building Inspector of the permit, the permittee shall post an irrevocable letter of credit as required by MMC 16.070(4).

(6) Insurance Requirements – Comprehensive Liability Insurance. An applicant for a permit shall provide proof of comprehensive liability insurance in the amount of $1,000,000 per occurrence and per person, and $50,000 property damage. Such coverage shall be maintained for the duration of the project and shall be a condition of a permit issued under this section. In addition, the permittee shall agree to indemnify and hold the City harmless from any and all claims, demands, actions, judgments, liabilities and obligations of any nature whatsoever arising from the demolition activity or site restoration for which the permit is issued, including any attorneys’ fees and costs incurred by the City as a result thereof. In addition to liability insurance, the Building Inspector or City Attorney may require additional coverages including, but not limited to, automobile liability, pollution legal liability or other environmental insurance coverage, and workers’ compensation.

(7) Permit Term.

(a) Initial Term. Permits issued under this section shall be valid for a period of not more than 180 consecutive calendar days from the date of issue.

(b) Renewal Term. A permit issued to an owner or the applicant is personal to the applicant and limited to the term granted. The permittee may not have an expectation in the renewal of the permit. The permits may be renewed at the discretion of the Building Inspector upon application of a permit holder, filed with the Building Inspector prior to expiration of the initial term or any renewal terms. Each renewal may be granted for up to 60 additional consecutive calendar days.

(8) General Operating Requirements. The following general operating requirements shall apply to all demolition and salvage permittees, or those working for permittees, subject to terms of the permit in accordance with the provisions of MMC 16.070, and this section:

(a) The permit issued pursuant to this section shall be plainly displayed on the premises upon which the building is located.

(b) The building and premises shall, at all times, be maintained in as clean, neat and sanitary a condition as such premises will reasonably permit.

(c) No garbage, refuse or other waste liable to give off a foul odor or attract vermin shall be kept on the premises, except for domestic garbage which shall be kept in containers which are, in the opinion of the Building Inspector, rodent-proof and removed from the premises as often as is necessary to provide a sanitary environment.

(d) Work done under this permit is subject to inspection by the Building Inspector.

(e) Permittees shall have the responsibility to maintain proof of insurance policies as required in subsection (6) of this section, naming the City as an additional insured for all entities or natural persons doing work on a property or associated with the work under the permit.

(f) No scrap salvage or debris which is temporarily stored on the premises shall be allowed to rest or protrude over any public street, walkway or curb, or become scattered about or blown off the premises.

(g) No mechanized process whatsoever shall be utilized on premises to reduce salvageable material or debris in volume after such salvageable material has been detached from the real property, unless authorized by the Building Inspector. Such prohibited mechanized processes include, but are not limited to, crushers or shredders. In addition, there shall be no burning or brick cleaning on the site.

(h) There shall be strict compliance with MMC 14.140, Loud Noise.

(i) No premises or building subject to a permit shall be allowed to become a public nuisance to adversely affect the public health, safety or welfare.

(j) There shall be full compliance with all City codes as well as State and Federal laws, rules or regulations which may be applicable. Compliance with Chapter 6 MMC, Fire Department and Fire Prevention, which adopts the entire NFPA, including NFPA 241, is of particular importance for demolition permits.

(k) The permit holder shall, during the salvage process, maintain the work site in a safe and secure condition.

(l) Except for recycled or salvaged materials, the permit holder shall dispose of building debris in a licensed landfill in a manner compliant with Wisconsin Department of Natural Resources requirements. At any time, the permit holder shall provide to the Building Inspector receipts and/or an itemized list of debris disposed of by dumping or salvage.

(m) The permit holder shall be responsible for disconnections of utilities, including plumbing and electrical, necessary for the salvaging process, and shall provide evidence that the necessary disconnections have been accomplished.

(n) The irrevocable letter of credit imposed as a condition of issuance of the permit shall be maintained.

(o) Permittee shall comply with all orders of the Building Inspector imposed at the granting of the permit or at any other time.

(p) Permittee must provide to the Building Inspector a current list of contractors doing work at a site that is subject to a permit issued pursuant to this section, including evidence of insurance as required in subsection (6) of this section. As used herein, the phrase “maintain current” means that the list filed with the Building Inspector is updated by the permittee prior to the contractor commencing work pursuant to the permit.

(9) Inspections. Permit holders and property owners shall permit authorized representatives of any department of the City having enforcement powers to inspect the premises proposed to be permitted, with or without advanced notice, as often as may be required to permit said departments to perform their duties and assure compliance with this section, without first obtaining a special inspection warrant. Inspections shall, to the fullest extent possible, be made during normal hours of business operation in the absence of emergency circumstances which require prompt action to protect the public health, safety and welfare, or to preserve evidence of noncompliance with this section. The unreasonable failure to permit inspections shall be grounds for permit denial, suspension or revocation.

(10) Summary Suspension. If, in the opinion of the Building Inspector, the public is subject to imminent danger due to a violation by the permittee of any one or combination of more than one of the requirements in subsection (8) of this section, the Building Inspector shall issue an order to the permittee requiring immediate cessation of those operations implicating the imminent danger. Pursuant to such order, the permittee shall cause such operations to cease as directed by the Building Inspector. Failure to maintain insurance as required, to maintain the letter of credit as required, or to permit inspection as required are each per se violations implicating imminent danger to the public necessitating an order to cease all operations.

In the event that an order to the permittee requiring immediate cessation is issued by the Building Inspector, such order shall be considered by the Public Safety Committee of the Common Council no later than at its next regular meeting. The Public Safety Committee, after hearing from the Building Inspector, the permittee, and the public, shall affirm the order, reverse the order, or modify the order. The decision of the Public Safety Committee may be appealed to the Common Council by either the Building Inspector or the permittee.

(11) Non-renewal or Revocation Disciplinary Hearings. Disciplinary hearings, including non-renewal, suspension and revocation hearings, shall be held before the Licensing, Permits, and Inspections Committee, which shall submit a report to the Common Council, including “findings of fact,” “conclusions of law” and a recommendation as to what action, if any, the Common Council should take with respect to the permit. The Licensing, Permits, and Inspections Committee shall provide the Building Inspector and the permittee with a copy of the report. Either the Building Inspector or permittee may make an objection, orally or in writing, to the report, and shall have the opportunity to present arguments supporting the objection to the Common Council. The Common Council shall determine whether the arguments shall be presented orally or in writing, or both. If the Common Council, after considering the Committee’s report and any arguments presented by the Building Inspector and permittee, finds the complaint to be true, or if there is no objection to a report recommending a suspension, revocation or non-renewal, the permit shall be suspended, revoked, or not renewed. If the Common Council finds the complaint untrue, the proceedings shall be dismissed without cost to the accused. The City Clerk shall give notice of each suspension, revocation or non-renewal to the party whose permit is affected.

(12) Transferability. Permits issued hereunder are personal to the applicant, and are not transferable to any other party. Permits issued hereunder are issued to a particular site and are not transferable to any other site.

(13) Enforcement. The Building Inspector shall have the primary responsibility to enforce this section.

(14) Severability. If any term, condition or provision of this section shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective.

[Ord. 15-335 § 2, 2015; Ord. 15-194 § 2, 2015]