Chapter 16.32 — MOVING AND RELOCATING BUILDINGS

It is unlawful for any person to move any building or structure over the public streets or alleys of the city without first filing a written application and securing a permit from the building official so to do in the manner provided in this chapter.

(Ord. 2104 (part), 1962: prior code § 34.701)

The application for a permit to move a building or structure shall be filed with the building official and shall contain the following:

(a) A description of the building proposed to be moved, giving a street number, construction materials, dimensions, number of rooms and condition of exterior and interior;

(b) A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city;

(c) A legal description of the lot to which it is proposed such building be removed, giving lot, block and tract number, if located in the city;

(d) The portion of the lot to be occupied by the building when removed;

(e) The highways, streets and alleys over, along or across which the building is proposed to be moved;

(f) Proposed moving date and hours;

(g) Any additional information which the building official finds necessary to a fair determination of whether a permit should be issued.

(Ord. 2104 (part), 1962: prior code § 34.702)

(a) Application Fee. A fee as set forth in the municipal fee schedule shall be paid on filing the application for a moving or relocation permit, which fee shall be in addition to any other fee required under the provisions of the building code. The fee shall be levied for moving or relocation of a building to a site or destination within the city and for moving a building located within the city to a site or destination outside the city.

(b) Deposit. Before the issuance of a permit under this chapter, the applicant shall deposit with the building official the minimum sum of five hundred dollars plus a sum to be determined by the building official to be sufficient to pay the cost of service rendered by city employees in protecting, trimming or cutting trees along the route of moving, in safeguarding, removing and restoring wires, poles or equipment of the department of utilities of the city, in rendering inspection services necessary to protect the interest of the city, and in putting the original building site in a safe and sanitary condition.

(c) Moving Bond in Lieu of Deposit. In lieu of a cash deposit, the applicant may file in the office of the building official a faithful performance bond commonly designated a "moving bond," guaranteeing completion of the moving work within the time specified in the permit, in an amount to be determined by the building official as provided in subsection (b). Said bond shall also guarantee the costs of repair for damaged curbs, gutters, sidewalks, driveways, pavement, signs, trees, poles and light and power facilities caused by said moving or the cost of moving a building from a public street or alley as specified in this chapter. Such bond shall also guarantee the costs of repair for damage done to private property by said moving.

(Ord. 2960 § 64, 1976: Ord. 2611 § 16, 1971: Ord. 2104 (part), 1962: prior code § 34.703)

(a) Special Inspector. If, in the opinion of the building official, the services of an inspector are necessary to protect the interest of the city, he may appoint such inspector and the cost of such inspection, including transportation costs, shall be deducted from the deposit at an hourly rate as set forth in the municipal fee schedule.

(b) Removal of Building from Public Street. In case a building is left on a public street or alley beyond the time specified on the moving permit therefor, the building official may remove or have removed such building, and the cost thereof shall be deducted from the deposit as made under this chapter.

(c) Damage to Public Facilities. In case of any damage to any public street or sidewalk or other public or private property or facilities by reason of the moving of any building, vehicle or equipment on any street in the city, the building official may cause the necessary repairs to be made and the cost thereof shall be deducted from the deposit as made under this chapter.

(d) City Employees Services. The building official shall also deduct from the deposit the cost of the service rendered by any employees of the city in protecting, trimming or cutting any trees along the route of moving, in safeguarding, removing and restoring wires, poles or equipment of the department of utilities and in rendering any inspection or other service deemed necessary by the building official to protect the interests of the city.

(e) Insufficiency of Deposit. In case the deposit made pursuant to this chapter is not sufficient to pay the costs as specified in this section, the person to whom such permit is issued shall, upon demand, pay to the building official 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.

(f) Refund of Remainder. The remainder of any deposit, if there is any remainder, shall be refunded to the person making such deposit, together with an itemized statement of all deductions. No deposit shall be refunded or a bond exonerated until the permittee has removed all rubbish and materials, filled all excavations to existing grade at the original building site so that the premises is left in a safe and sanitary condition, plugged all sewer lines with concrete stoppers and capped all water and gas connections six inches below grade.

(Ord. 2960 § 65, 1976: Ord. 2611 § 17, 1971: Ord. 2104 (part), 1962: prior code § 34.704)

No permit for the moving of any building or structure to any premises located within the city shall be issued until the owner thereof or his duly authorized agent has applied to the building official for a permit to relocate the particular building upon those premises, and the city manager has duly authorized the issuance of such relocation permit after conducting a hearing thereon as provided in this chapter.

(Ord. 2104 (part), 1962: prior code § 34.705)

An application for a relocation permit shall contain the same information required in an application for a moving permit, plus the following:

(a) Alterations, if any, proposed to be made to the building;

(b) A list of owners of property within the zone of interest and their addresses.

(Ord. 2104 (part), 1962: prior code § 34.706)

Before any such relocation permit is issued, the applicant shall file in the office of the building official a faithful performance bond, commonly designated a relocation bond, in an amount at least ten percent more than the building official's estimated cost of the work required under the terms and conditions imposed by the building official. Such bond shall be in addition to the moving bond.

Said bond shall inure to the benefit of the city and shall guarantee that the required work shall be completed within ninety days of the date on which the building or structure is moved to its new location; provided, however, that such time may be extended by the building official upon written application showing good cause therefor. In lieu of said faithful performance bond, a cash deposit in the amount may be made with the building official.

(Ord. 2104 (part), 1962: prior code § 34.707)

When both a moving bond and a relocation bond are required, they may be combined as one bond and may be filed in the office of the building official.

(Ord. 2104 (part), 1962: prior code § 34.708)

Upon receipt of an application for a relocation permit, the building official shall notify the city manager who shall set a date for a public hearing on said application to be held not less than ten days after the filing of the application.

The city clerk shall publish a notice of the public hearing, and the building official shall mail a notice of said hearing not less than five days prior to the date thereof to all owners of property within the zone of interest. The zone of interest shall include all property on both sides of the same street or streets as the property to which it is proposed to move the building, any part of which is three hundred feet or less from the nearest corner of the property to which it is proposed to move the building as measured on the centerline of the street. Any property immediately opposite shall be included. Widths of intersecting streets shall be included in the measurements. In case the proposed location is a corner lot, the zone of interest shall include the property on all streets on which said lot fronts, measured as designated in this section.

At the public hearing, any person may appear to support or protest the granting of the relocation permit.

(Ord. 3709 § 8, 1986: Ord. 2104 (part), 1962: prior code § 34.709)

No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous; or which is unsanitary; or which, if it is a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district within a radius of three hundred feet from the proposed site; or if the proposed use is prohibited by the Zoning Code, Title 18, or if the structure is of a type prohibited in the fire zone in which it is proposed to be located; provided, however, that if the condition of the building or structure in the judgment of the city manager admits of practicable and effective repair the permit may be issued upon such terms and conditions as the city manager may deem reasonable and proper including but not limited to the requirement of changes, alterations, additions or repairs to be made to or upon the building or structures, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district, as hereinbefore limited, to which it is to be moved. The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto.

If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the relocation permit shall be denied.

(Ord. 2104 (part), 1962: prior code § 34.710)

The city manager may grant a permit without a hearing subject to conditions as he may deem reasonable and necessary in the following cases:

(a) Where the parcel upon or to which the move is to be made is two acres or greater in size.

(b) Where the relocation of the building has been caused by the exercise of the power of eminent domain by the city or any public agency.

(Ord. 2104 (part), 1962: prior code § 34.711)

(a) Notice to Principal - Deposit. Whenever the building official finds that a default has occurred in the performance of any term or condition of any relocation permit issued hereunder, he shall give written notice thereof to the principal and to the surety on the bond. In such notice of default he shall state the work to be done, the estimated cost thereof, and the period of time deemed by him to be reasonably necessary for the completion of such work. After receipt of said notice the surety, within the time therein specified, shall either cause the required work to be performed or shall pay over to the building official the estimated cost of doing the work as set forth in the notice plus an additional sum equal to ten percent of the said estimated cost. Upon the receipt of such money the building official shall proceed by such mode as he deems convenient to cause the required work to be performed and completed but he shall incur no liability other than for the expenditure of the said sum in hand therefor.

(b) Noncompliance - Use of Deposit. If a cash bond has been deposited the building official shall give notice of default as provided above, to the principal, and if compliance is not had within the time specified the building official shall proceed without delay and without further notice or proceeding whatever, to use the cash deposit or any portion of said deposit to cause the required work to be done by contract or otherwise in his discretion.

(c) Cash Deposit Returned. The balance, if any, of such cash deposit, upon the completion of the work, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus ten percent thereof, which ten percent shall be retained by the city to cover administrative costs of the building department. The building official shall return the cash deposit to the depositor or to his successors or assigns upon the satisfactory completion of the work as herein provided, except any portion thereof which may have been used or deducted as in this section provided.

(d) Demolition. In lieu of completing the work required, the building official may demolish the building or structure and clear, clean and restore the site, pursuant to the provisions of Chapter 9.56 of this code for abatement of nuisances.

(e) Permittee Bound. Every permittee accepting a permit hereunder agrees to be bound by the above provision without recourse to his surety, the building official or the city.

(Ord. 2104 (part), 1962: prior code § 34.712)