(a)   It shall be unlawful for any person or persons to remove or tear down, or cause to be removed or town down, any dwelling house or other buildings within the city without first having obtained a permit therefor from the building inspector.

(b)   The building inspector is hereby authorized and empowered, at his discretion, to withhold the issuing of any permit to remove a dwelling house or other building until the person or persons applying for such permit shall have posted a bond guaranteeing that said person or persons will comply with the provisions of this section, said bond to be refunded by the city clerk when the building inspector shall have certified that the provisions of this section have been complied with. The amount of the bond to be deposited with the city clerk shall be in such sum as the building inspector shall determine to reasonably guarantee compliance with this section.

(c)   Every person or persons, having removed or torn down, or causing to be removed or town down, any dwelling house or other building within the city shall, within a reasonable time after the removal or tearing down of the same, clear or cause to be cleared from the lot or lots left vacant by such removal, all the debris, junk, and discarded building materials not to be used immediately in rebuilding, and shall fill in all open wells and cisterns, and all cellars, basements or other excavations remaining on such lots, unless the same are to be used immediately in connection with other structures to be erected thereon.

(d)   It shall be unlawful for any person or persons as referred to in the preceding subsections hereof to leave on any lot or lots from which a building has been removed any abandoned structure or portions of structures, or any building materials, or any excavation of any nature whatsoever, in such condition as to constitute a menace to the public health or safety, or to constitute a fire or health hazard, or which may be, or may become, a nuisance.

(Code 2001, 5-815; Code 2014)

(a)   In addition to the requirements and conditions for any bond posted pursuant to Section 8-801, such bond will be further conditioned that the principal will protect, save harmless and indemnify the City of Cherryvale, Kansas, against any and all damages caused by said person in his removal and razing of the building to any of the streets, pavements, curbings, gutters, crosswalks, shade trees or any other public or private property caused or occasioned by the wrecking of any such house, building or other object as herein provided; that said bond shall be further conditioned to protect and save harmless the City of Cherryvale, Kansas, against any and all loss or damage that may be caused to either the City of Cherryvale, or persons or property of any person due to the carelessness, negligence or any act of commission or omission on the part of said person, firm or corporation in the wrecking of the building or other objects.

(b)   It shall be the duty of the building inspector to classify the building sought to be tom down according to the following schedule, and to require a bond in an amount sufficient to guarantee satisfactory compliance and performance of requirements of the City Code:

Class 1 - Minimum Bond $2,500.00, - anyone, two or three story structure of primarily wood frame construction.

Class 2 - Minimum Bond $5,000.00. Any structure composed of primarily concrete, masonry, or steel; or any building where the materials or structural condition would significantly increase the cost of razing and removal and compliance with the City Code.

(c)   Any owner or agent may request a hearing before the City Council regarding the amount of bond or classification established by the building inspector. The Council may, for good cause shown, reclassify, reduce or increase the bond.

(Code 2001, 5-816; Code 2014)