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HomeMy WebLinkAboutVIII-07 1st Reading - Amend City Code Chapter 150.05 – Demolition LicensesCity Council Memorandum To:Mayor Fasbender and City Council From:John Hinzman, Community Development Director Lonnie Johnson, Building Official Date:October 20, 2025 Item:1st Reading: Amend City Code Chapter 150.05 –Wrecking and Demolition of Buildings Council Action Requested: Consider 1st Reading of an amendment to Hastings City Code Chapter 150.05 –Wrecking and Demolition of Buildings. Upon consideration of 1st reading, 2nd reading,and final adoption would be scheduled for the November 3rd City Council Meeting. A simple majority is necessary for action. Background: The amendment is requested to accomplish the following: •Revise requirements for permit applications. •Detail requirements for historic buildings •Revise financial surety requirements •Add nuisance language •Eliminate licensing requirements for demolition contractors. Advisory Commission Review: N\A Advisory Committee Review: N\A Attachments: •Ordinance Amendment •Existing Ordinance VIII-07 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2025-___ An Ordinance of the City of Hastings Amending City Code Chapter 150.05: Construction Regulations –Wrecking and Demolition of Buildings. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE SECTION 150.05 IS REPEALED AND REPLACED AS FOLLOWS: 150.05 Wrecking And Demolition Of Buildings A. Permit Required. No person shall proceed to wreck, demolish or tear down any building or structure within the city without first obtaining a permit from the city’s building official. Further no person shall remove or salvage any building fixtures from the building or structure to be demolished until the permit has been obtained. The following information shall be provided with the completed application. 1.Notification of demolition application form (w-sw4-21) must be completed and sent to the Minnesota Pollution Control Agency, and a copy of that application shall be submitted with the city demolition application. 2.Survey or report from a licensed asbestos inspector who has been certified by the Minnesota Department of Health. 3.Evidence that any contaminants found via the survey has been remediated by a qualified and licensed abatement contractor. 4.Erosion control plan. 5.Dust control plan. 6.Access control plan. 7.Verification that utilities have been properly disconnected and terminated. VIII-07 B.Permit Exception. No permit shall be required for wrecking, demolishing or tearing down of a private shed or free-standing accessory structure. Further a permit shall not be required where partial demolition is necessary in connection with a minor remodel or alteration of an existing building. C. Historic Properties. 1.Designated Heritage Preservation Sites and Heritage Preservation Sites nominated for interim protection must receive approval by the Heritage Preservation Commission (HPC) prior to any wrecking, demolition, and\or tear down of a structure in accordance with City Code Chapter 30.10. 2.Within the Original Hastings Design Standards (OHDS), the HPC shall have 10 days to visually record a structure after an application is submitted to demolish a structure that is over 50 years old within the OHDS. If a formal designation study has already been completed for the property, the HPC shall have up to 6 weeks to request that the City Council begin a designation process as outlined in § 30.10(D). If the City Council initiates the designation process, the demolition application must be handled in accordance with § 30.10(D) D.Fees. Fees for demolition are established in City Code Chapter 34.03 -Fee Schedule. . E. Security to ensure completion and protection of infrastructure. . No permit shall be issued until a cash payment or letter of credit is submitted to ensure prompt completion of the proposed work. The security shall be equal to 125 percent of the estimated cost to demolish or tear down the building(s), hauling, and removal cost and the cost of capping, removal, or modification of identified onsite and offsite infrastructure. The amount of the required surety must be approved by the Building Official. F.Insurance. The applicant, before issuance of the license, shall file with the city a certificate of insurance covering workers compensation and a public liability insurance policy in the amount of at least $1,000,000, insuring the applicant for any damage that may be done during the course of the wrecking or demolition or matters incident thereto. G.Procedure. The wrecking, demolition or tearing down of any building or structure shall be complete and shall include the removal of all foundations, footings and slabs. All fixtures, appliances, furniture and personal items shall be removed from the site before demolition of the building can begin. The excavation or site of the demolition shall be filled so the property will properly drain and shall be topped with soil sufficient in depth and VIII-07 quality to establish a suitable ground cover crop. Erosion control shall be maintained until the ground cover has been established. H.Prevention of nuisances. Each person engaged in the wrecking, demolition, or tearing down of any building or structure within the city shall conduct said work in such a manner as not to create a nuisance to persons on public streets, rights of way or on neighboring property. Material removed from the structure shall not be permitted to fall into streets, alleys or adjacent property nor shall it otherwise create a public nuisance. All debris generated shall be monitored and controlled as to prevent dust from entering public streets or on neighboring property. SECTION 2. SUMMARY PUBLICATION.Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on November 3, 2025 enacts requirements for the wrecking and demolition of buildings. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this 3rd day of November,2025. CITY OF HASTINGS _____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh, City Clerk VIII-07 150.05 Wrecking And Demolition Of Buildings A.Permit Required.That any person who proposes to be involved in the demolition or wrecking of structures in the City of Hastings shall before undertaking the wrecking or demolition, obtain a license therefore in accordance herewith. Licensee shall obtain a demolition/wrecking permit for each job before undertaking a demolition or wrecking and shall pay the cost of the permit. Demolition permit fees shall be set by ordinance. B.Application.Application for a demolition company license shall be made on application forms provided by the city, addressed to the City Building Official. C.Regulations.Licensees shall be required to provide advance notice to all concerned utility companies and obtain necessary shut-offs or permissions. 1.No demolition refuse or material shall fall more than 15 feet unless in an enclosed chute. 2.A licensee shall not install barriers or barricades effecting sidewalks, roadways or private ways, nor shall sidewalk, roadway, or private way traffic be diverted without prior written approval of the City Director of Public Works, or the other person as the Hastings City Council may designate. Any obstruction or diversion of traffic shall be preceded by notice from applicant to the Hastings Police Department. 3.All demolition work including removal of all debris shall be completed within 30 days of the date of permit issuance. D.Fees.Submitted with the application shall be the annual fee in the amount as established by ordinance. E.License.The licenses shall be good for the calendar year in which the same is issued and shall expire on the last day of the calendar year of issuance. 1.It shall be cause for suspension of the license if the licensee does not comply with all state and city demolition requirements including state statutes, city ordinances, and applicable regulations. 2.No demolition or wrecking shall be accomplished by other than a licensed person working under his, her, or its direction. F.Bond Required.Before issuance of the license, the applicant shall deposit with the Building Official’s office a liability policy or bond in an amount of at least $10,000 insuring and indemnifying the city from any and all claims that may be made against it as a result of the applicant’s demolition or wrecking activity. G.Insurance.The applicant, before issuance of the license, shall file with the city a certificate of insurance covering workers compensation and a public liability insurance policy in the amount of at least $250,000, insuring the applicant for any damage that may be done during the course of the wrecking or demolition or matters incident thereto. H.Safety.All demolition companies shall meet and maintain all safety requirements of the State Building Code and comply with provisions thereof. In addition, all foundations of structures which are demolished shall be removed to at least 24 inches below grade. I.Repair.The person accomplishing wrecking or demolition shall after accomplishing same, repair all common walls, chimneys, doors, stairs, and all other portions of remaining adjacent structures exposed as a result of the wrecking or demolition. Included in this requirement is the requirement in the person accomplishing same to repair any adjacent surface and to cover same so that the newly exposed portion of the remaining adjacent structure has a color or finish uniform with and compatible with other existing structures of the immediate area. 10/16/25,9:58AM Print Preview https://hastingsmn.municipalcodeonline.com/book/print?type=ordinances&name=150.05_Wrecking_And_Demolition_Of_Buildings 1/2 VIII-07 J.Abandonment Of Water And Sanitary Sewer Lines.Any city water or sanitary sewer services caused to be disconnected due to demolition of a building shall be properly abandoned. Proper abandonment shall include capping the corporation stop at the water main and capping sanitary sewer lines. (Prior Code, § 4.06) Penalty, see § 10.99 10/16/25,9:58AM Print Preview https://hastingsmn.municipalcodeonline.com/book/print?type=ordinances&name=150.05_Wrecking_And_Demolition_Of_Buildings 2/2 VIII-07