Maywood Municipal Code Art. 19 Moving Buildings on Public Streets

It shall be unlawful for any person, firm, or corporation to move, or to cause to be moved, any building, or any section or portion of any building, in, over, upon along, or across any public street, alley, or other public place in the City without first obtaining a permit in writing from the Building Official so to do in the manner provided by this article. Any person, firm, or corporation desiring to move, or to cause to be moved, any building, or any section or portion of any building, in, over, upon, along, or across any public street, alley, or other public place in the City shall first file a written application with the Building Official specifying the building to be moved, the location of the building, the location to which and the route and the length of the route over or along which such building is to be moved, the number of sections in which the building will be moved, and the time within which such removal will be completed. Upon the approval of such application by the Building Official, the Building Official shall issue a permit or permits for the moving of the building, or the sections or portions thereof, set forth in such application. Whenever any building is divided into two (2) or more sections or portions and is so moved in, over, upon, along, or across any public street. alley, or other public place, a separate permit shall be issued for the moving of each section or portion of such building. No permit shall authorize the moving of more than one building or more than one section or portion of any building in any case where any building is to be moved in two (2) or more sections or portions. Every such permit shall become and be void, unless such removal shall be completed within the time specified in the application for such permit; provided, however, the Building Official may extend such time when the moving of any building, or any section or portion thereof, is rendered impracticable by reason of inclemency of the weather.

(§ 1, Ord. 79-193, eff. April 26, 1979)

No permit shall be issued for the removal of any building, or any section or portion of any building, in, over, upon, along, or across any public street, alley, or other public place until the applicant therefor shall have deposited Seventy-Five and no/100ths ($75.00) Dollars for the first day which is required to move such building, or section or portion thereof, as stated in such application, and the further sum of Forty-Five and no/100ths ($45.00) Dollars for each succeeding day required to move such building, or section or portion thereof, as stated in such application. Any person, firm, or corporation intending to engage in the business of moving houses in, over, along, upon, or across public streets, alleys, or other public places in the City may make and maintain with the Building Official a general deposit in the sum of Three Hundred and no/100ths ($300.00) Dollars, which general deposit shall be used for the same purpose as the special deposits mentioned hereinbefore in this section, and while such general deposit is maintained at the said sum of Three Hundred and no/100ths ($300.00) Dollars, such person, firm, or corporation shall not be required to make the special deposits hereinbefore in this section provided for, but shall be required to file a written application for a permit for the removal of any building, as in this article provided, and to comply with all of the other provisions of this article.

(§ 1, Ord. 79-193, eff. April 26, 1979)

In addition to the deposit required by Section 4-3.1902 of this article, the Building Official shall collect a fee from the applicant for each permit issued under the provisions of this article at the time the permit is issued, such fee to be in the sum of Two Hundred Fifty and no/100ths ($250.00) Dollars, plus the sum of One and no/100ths ($1.00) Dollar for each mile of moving or removing of the building, or section or portion thereof, contemplated by this article.

(§ 1, Ord. 79-193, eff, April 26, 1979, as amended by § 1, Ord. 81-225, eff. March 12, 1981)

Every building, and every section or portion of any building, moved in, over, upon, along, or across any public street, alley, or other public place shall be moved under inspection by and the supervision of the Building Official. When, in the judgment of the Building Official, it is deemed necessary that a person be especially detailed to accompany the building in process of being moved over and along the route, upon notice to the holder of the permit thereof, such special inspector or superintendent shall be appointed or detailed thereto, and an extra fee for such special service shall be charged at the rate of Ten and no/100ths ($10.00) Dollars per hour for the time such special service is required.

(§ 1, Ord. 79-193, eff. April 26, 1979)

It shall be the duty of any person, firm, or corporation to whom any permit is issued for the removal of any building, or any section or portion of any building, pursuant to this article, when required by the Building Official, to cause boards of sufficient strength to carry the load without breaking to be placed under all of the rolls or wheels to serve as a runway for such rolls or wheels during the removal of such building, or any section or portion thereof, along every street, alley, or other public place improved in any other manner than by asphalt or brick, and at no time shall such rolls or wheels be permitted to revolve, except upon such board runways, when such runways are required by the Building Official. In case of damages to any public street, alley, or other public place by reason of the moving of any building, or any section or portion thereof, the Building Official shall do such work as may be necessary to restore such street, alley, or other public place to as good a condition as the same was in prior to such damaging of the same and shall charge the cost thereof to the person, firm, or corporation to whom the permit was issued for the moving of such building, or section or portion thereof. Any public street. alley, or other public place or public property found to be damaged as a result of or in any manner due to such moving or any activity connected therewith will be deemed or construed to have been damaged by the permittee, unless the Building Official was notified of the existence of such damages at the time the permit was secured.

(§ 1, Ord. 79-193, eff. April 26, 1979)

In addition to the permit fee provided for in Section 4-3.1903 of this article, the permittee shall pay the costs of repairs, if any, made by the Building Official pursuant to this article and a fee of Ten and no/100ths ($10.00) Dollars for each day such building, or section or portion thereof, shall have occupied any portion of any public street, alley, or other public place when such building, or section or portion thereof, is not being actually moved thereon. Should this fee not be paid by the permittee upon demand, the Building Official is hereby authorized to deduct this and any other amounts owed or owing under the provisions of this article from the deposit made by the permittee, and if there shall be any remainder, such remainder shall be refunded to the person, firm, or corporation making such deposit or to his or her or its assigns. In case the deposit made pursuant to this article shall not be sufficient to pay the costs of such repairs, the person, firm, or corporation to whom such permit is issued shall, upon demand, pay to the City a sufficient sum to cover all such costs. Upon failure to pay such sum, the same may be recovered by the City in any court of competent jurisdiction.

(§ 1, Ord. 79-193, eff. April 26, 1979)

The Building Official shall pay all fees collected by him into the City Treasury daily. The special deposits mentioned in Section 4-3.1902 of this article shall be held by the Building Official and shall be returned by the Building Official upon the surrender to him of the receipt properly endorsed by the person, firm, or corporation making such deposit, or to his or its assigns, upon notification by the Building Official that there has been no damage done to any public street, alley, or other public place. The general deposit in the sum of Three Hundred and no/100ths ($300.00) Dollars mentioned in Section 4-3.1902 of this article shall be paid by him into the City Treasury on the business day next succeeding that on which it was collected. Such general deposit shall be refunded in the same manner as are other disbursements of the general fund upon notification by the Building Official that there has been no damage done to any public street, alley, or other public place or property.

(§ 1, Ord. 79-193, eff. April 26, 1979)

It shall he unlawful for any person, firm, or corporation moving or causing to be moved any building, or any section or portion of any building, over, upon, along, or across any public street, alley, or other public place to fail, refuse, or neglect to keep a red light burning at all times between sunset and sunrise at each corner of such building and at each corner of each such section or portion of any building or object, or at the end of any projection thereof, while the building, or any portion thereof, is located in or upon any public street, alley, or other public place.

(§ 1, Ord. 79-193, eff. April 26, 1979)

In case in the course of the moving of any house or building, or any portion or section of any house or building, over or along any street, alley, or other public place in the City it shall be necessary to cut, remove, or raise any telephone, telegraph, or other wires to allow any such house or building, or any portion or section thereof, to pass, the person, firm, or corporation so moving or causing to be moved such house or building, or portion or section thereof, shall deposit with the Building Official a sum of money, the amount thereof to be estimated by the owner, manager, or operator of such wires and the Building Official, to defray the costs and expenses of cutting, removing, or raising such wires. Any sum of money not used for such purpose shall be returned, on demand, to the depositor thereof. The person, firm, or corporation intending to move or cause to be moved any house or building, or any portion or section thereof, shall give twenty-four (24) hours' written notice to the owner, manager, or operator of any telephone, telegraph, or other wires which must be cut, removed, or raised in order to move any house or building, or any portion or section thereof, of his intention so to do, specifying approximately the hour when such house or building, or portion or section thereof, in the course of such moving, will pass where such wires are situated, and it shall be the duty of such owner, manager, or operator of such wires to cut, remove, or raise such wires in order to allow such house or building, or portion or section thereof, freely to pass the point where such wires are situated.

(§ 1, Ord. 79-193, eff. April 26, 1979, as amended by § 1, Ord. 81-225, eff. March 12, 1981)

It shall be unlawful for any person, firm, or corporation, after obtaining a permit under the provisions of this article, to deviate from or change the route or course in the moving of any building, or any section or portion thereof, for which the permit was issued in any manner, unless the written consent of the Building Official is first obtained and any necessary adjustments made thereunder.

(§ 1, Ord. 79-193, eff. April 26, 1979)

Any person, firm, or corporation violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than Thirty and no/100ths ($30.00) Dollars, nor more than Three Hundred and no/100ths ($300.00) Dollars, or by imprisonment in the City jail or in the County jail for a period of not less than five (5) days nor more than three (3) months, or by both such fine and imprisonment. A judgment imposing a fine may provide for its collection by imprisonment in the City jail or in the County jail in the proportion of one day's imprisonment for each dollar of the fine until the fine shall be wholly satisfied.

(§ 1, Ord. 79-193, eff. April 26, 1979)

This article shall not be construed to relieve from or lessen the responsibility of any person, firm, or corporation engaged in the removal of buildings in the City for any damages sustained whatsoever by anyone through injury or otherwise occasioned by any defect or negligence of such person, firm, or corporation; nor shall the City, or any agent thereof, be held as assuming any liability whatsoever by reason of the inspections, supervision, or regulation authorized by this article.

(§ 1, Ord. 79-193, eff. April 26, 1979)

If any section, sentence, clause, or phrase of this article is for any reason held to be unconstitutional, in violation of law, or inoperative, such decision shall not affect the validity of the remaining portions of this article. The Council hereby declares that it would have passed this article and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases be declared unconstitutional, in violation of the law, or inoperative.

(§ 1, Ord. 79-193, eff. April 26, 1979)

Before a building moving permit shall be issued, the house mover shall furnish and file with the City Clerk proof of the following:

(a) Compliance with all laws governing workers' compensation insurance;

(b) A performance bond equal to 110% of the estimated cost of the work to be done in the City, including removing the house, transporting it to a new location, and reconstruction at the new site; and

(c) Liability coverage for damages or injuries to third parties or to City property. Such insurance policies shall be in an amount approved by the Building and Safety Department and shall name the City as an insured party.

(§ 1, Ord. 79-202, eff. September 13, 1979, as amended by § 1, Ord. 81-225, eff. Match 12, 1981)