Article VI — MOVING BUILDINGS

SECTION:

7-25: Definitions

7-26: Wide, Overweight Or Overlong Permit; Required; Exception

7-27: Wide, Overweight Or Overlong Permit; Application; Inspection Fee

7-28: Wide, Overweight Or Overlong Permit; Contents Of Application

7-29: Building Relocation; Inspection; Compliance With Building Regulations

7-30: Building Relocation; Building Permit; Bond Required Prerequisite To Issuance

7-31: Building Relocation; Building Permit; Cash Deposit In Lieu Of Bond; Conditions Generally Of Bond

7-32: Building Relocation; Denial Of Permit

7-33: Building Relocation; Revocation Or Suspension Of Permit

7-34: Liability Insurance; Required

7-35: Liability Insurance; Certificate Of Insurance In Lieu Of Filing Insurance Policy

7-36: Liability Insurance; Inure To Use Of City; Conditions Generally; Amount

7-37: Supervision Of Mover

7-38: Time Designated By City Engineer

7-39: Notice Required Before Commencing Work

7-40: Default In Performance Of Term Or Condition Of Permit

7-41: Approval Of Streets Over Which Building To Be Moved

7-42: Moved Buildings Placed On Foundation Within Sixty Days

7-43: Cleanliness, Excavation Of Old Premises

7-44: Obstructing Streets

7-45: Lights And Barricades

7-46: Removal Of Wires And Structural Supports

7-47: Payment Of Costs By Mover For Wire Removal

7-48: Removal Of Trees; Notice Required

7-49: Removal Of Trees; Authorization

7-50: Removal Of Trees; Payment Of Costs

7-51: Damage To Streets Or Public Property

7-25: DEFINITIONS:

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

BUILDING INSPECTOR: The building inspector of the city. (Ord. 688 § 1)

7-26: WIDE, OVERWEIGHT OR OVERLONG PERMIT; REQUIRED; EXCEPTION:

No person shall move any building over, along or across any highway, street or alley in the city without first obtaining a permit from the city engineer; provided, however, that a permit will not be required for moving the following:

A. Temporary sheds or other structures used by contractors in conjunction with construction work.

B. Other small and unimportant structures when approved by the building inspector. (Ord. 1537 § B24, 8-6-1996)

7-27: WIDE, OVERWEIGHT OR OVERLONG PERMIT; APPLICATION; INSPECTION FEE:

Any person desiring a permit as required in section 7-26 of this article shall file with the city engineer an application therefor in writing on a form to be furnished by the city. The applicant shall pay a fee as fixed by resolution of the city council. The fee shall be paid upon filing of the application. (Ord. 1537 § B25, 8-6-1996)

7-28: WIDE, OVERWEIGHT OR OVERLONG PERMIT; CONTENTS OF APPLICATION:

The application for the permit pursuant to section 7-26 of this article shall specify the following:

A. The character and size of the building to be moved.

B. The location from which and to which such building is to be moved.

C. The streets on, over or through which it is desired to move such building.

D. The building permit number for purposes of relocating the building, if the building is proposed to be located within the city. (Ord. 1537 § B26, 8-6-1996)

7-29: BUILDING RELOCATION; INSPECTION; COMPLIANCE WITH BUILDING REGULATIONS:

Prior to filing the application for the permit required in section7-26 of this article, the building inspector shall inspect the building to determine the general condition and shall, upon completion of such investigation, set forth the requirements necessary to secure compliance with the building ordinance, the zoning ordinance, the provisions of this code and all other applicable ordinances and laws of the city. (Ord. 1537 § B27, 8-6-1996)

7-30: BUILDING RELOCATION; BUILDING PERMIT; BOND REQUIRED PREREQUISITE TO ISSUANCE:

The building official shall not issue a building permit for relocation unless the applicant or his authorized agent first submits required plans and posts with the building official a bond executed by such applicant, as principal, and by a surety company authorized to do business in this state, as surety, or makes a deposit as provided in section 7-31 of this article.

The surety bond required by this section shall comply with the following requirements:

A. It shall be joint and several in form.

B. It shall name the city as obligee.

C. It shall be in an amount equal to the estimated cost plus ten percent (10%) of the work required to be done in order to comply with all the conditions of the relocation permit, such estimate to be made by the building official. (Ord. 1537 § B28, 8-6-1996)

7-31: BUILDING RELOCATION; BUILDING PERMIT; CASH DEPOSIT IN LIEU OF BOND; CONDITIONS GENERALLY OF BOND:

If a cash deposit is made instead of a surety bond, it shall also be equal to the cost plus ten percent (10%) of such work. Such bond herein referred to in section 7-30 of this article shall guarantee and ensure the complete performance of all work required in the permit within a period of six (6) months from date of issuance of the permit. (Ord. 716 § 2)

7-32: BUILDING RELOCATION; DENIAL OF PERMIT:

The building official shall not issue a building permit for relocation of any building or structure which is so dilapidated, unsightly, or in such a condition of deterioration or disrepair, that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements within a radius of one thousand feet (1,000') from the proposed relocation site. (Ord. 1537 §

B29, 8-6-1996)

7-33: BUILDING RELOCATION; REVOCATION OR SUSPENSION OF PERMIT:

The building inspector, at any time, for sufficient cause, may revoke or suspend any permit granted under this article. (Ord. 688 § 6)

7-34: LIABILITY INSURANCE; REQUIRED:

Every person moving a building in the city shall file with the city a liability insurance policy issued by a solvent corporation holding a certificate of authority to do insurance business in the state, which policy shall conform in all respects to the requirements of this section. (Ord. 1537 § B30, 8-6-1996)

7-35: LIABILITY INSURANCE; CERTIFICATE OF INSURANCE IN LIEU OF FILING INSURANCE POLICY:

In lieu of filing the insurance policy referred to in the preceding section, a certificate of insurance issued by an insurance corporation may be filed. The certificate must show that a policy meeting the requirements of the preceding section has been issued, and shall set forth the expiration date of such policy. (Ord. 688 § 5)

7-36: LIABILITY INSURANCE; INURE TO USE OF CITY; CONDITIONS GENERALLY; AMOUNT:

The liability policy required in section 7-34 of this article shall run to the city for the use and benefit of any person intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance, nonfeasance or negligence in connection with any activities or conditions upon which the permit applied for as required in section 7-26 of this article is granted, and shall also insure the person moving a building against loss from the liability imposed by law for injury to, or death of, any person, or damage to any property growing out of the moving of such building, to the amount or limit of fifty thousand dollars ($50,000.00) exclusive of interest and costs, on account of injury to, or death of, any one person, and, subject to the same limit as respects injury to or death of one person, of one hundred thousand dollars ($100,000.00) exclusive of interest and costs, on account of moving any one building resulting in injury to or death of more than one person, and of twenty five thousand dollars ($25,000.00) for damage to property of others, resulting from moving from any one building. (Ord. 688 § 5)

7-37: SUPERVISION OF MOVER:

Every building which is moved on, over or through any public street, way or park in the city shall be under the control of the mover and every such building shall be moved in a careful manner and the work shall be prosecuted with diligence and to the satisfaction and approval of the city engineer. This section in no way relieves the person having charge of the moving of any building of his obligation to furnish proper supervision. (Ord. 1537 § B31, 8-6-1996)

7-38: TIME DESIGNATED BY CITY ENGINEER:

A time for moving the building within the city shall be set by the city engineer and shall be during a period which will minimize interference with normal traffic movement and will not otherwise endanger or inconvenience the public unnecessarily. (Ord. 1537 § B32, 8-6-1996)

7-39: NOTICE REQUIRED BEFORE COMMENCING WORK:

Notice must be given by the person to whom the permit is issued, or his representative, to both the public works department and the police department of the city not less than twenty four (24) nor more than forty eight (48) hours before the actual work of moving a building or structure is to commence. (Ord. 1537 § B33, 8-6-1996; Ord. 1614 § 3, 9-17-2002)

7-40: DEFAULT IN PERFORMANCE OF TERM OR CONDITION OF PERMIT:

Whenever a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the permittee by the building inspector, such notice to state the work to be done, the estimated cost thereof, and the period of time deemed to be reasonably necessary to complete such work. After receipt of such notice the permittee must, within the time therein specified, either cause the work to be done or pay the city the estimated cost of doing the work, as set forth in the notice, plus ten percent (10%) of such estimated cost. Upon receipt of notice that the permittee has deposited such money, the building inspector shall cause the required work to be performed and completed. (Ord. 688 § 9)

7-41: APPROVAL OF STREETS OVER WHICH BUILDING TO BE MOVED:

The streets over which any building or structure is to be moved shall be approved by the city engineer and the chief of police. (Ord. 1537 § B34, 8-6-1996)

7-42: MOVED BUILDINGS PLACED ON FOUNDATION WITHIN SIXTY DAYS:

It shall be unlawful for any person, either as mover or the one causing the moving to be done as owner of the real property or as owner of the building or structure, to permit any building or structure which has been moved to remain upon any real property in the city for more than sixty (60) days unless such building or structure is attached to the ground by a proper foundation as required by the building code of the city. (Ord. 688 § 11)

7-43: CLEANLINESS, EXCAVATION OF OLD PREMISES:

There shall be issued a demolition permit prior to moving a building or buildings from lots within the city. Permittee shall remove all

rubbish and materials from the site and fill all excavations to existing grade leaving the premises in a safe and sanitary condition. The sanitary sewer house service shall be excavated at the property line and capped in a suitable manner. (Ord. 1537 § B35, 8-6-1996)

7-44: OBSTRUCTING STREETS:

No person owning or having charge of the moving of any building, into, on, over, through, or from any public streets, ways or parks in the city, shall permit such building to remain in any one location on any such street, way or park for a period longer than twenty four (24) hours except by written permission obtained from the chief of police, or to obstruct traffic on any railroad. (Ord. 688 § 13)

7-45: LIGHTS AND BARRICADES:

The person having charge of the moving of any structure shall maintain proper lights and barricades whenever such structure is on any public street, way or park, during the hours of darkness. (Ord. 688 § 14)

7-46: REMOVAL OF WIRES AND STRUCTURAL SUPPORTS:

In the event that the moving of any building for which a permit shall have been granted pursuant to this article makes it necessary to move, remove or displace any pole or other structure supporting the wires, cables or other equipment of any public utility of the city, or to cut, displace or change the location of any wire, cable or other equipment upon such poles or structure, the person to whom such permit has been granted, or his authorized representative, shall obtain permission in writing from the owner of such pole or structure or the wires, cables or other equipment thereon, and shall notify such owner at least forty eight (48) hours prior to the time that the moving of such building will necessitate the removal of such obstructions.

The person to whom such permit is granted as required in this article for the removal of buildings shall not at the expiration of such time of notice or at any time, cut, move or in any way disturb such public utility or city property; and such work shall be done only by the authorized workmen of the utility or the city, whichever is the owner. (Ord. 688 § 15)

7-47: PAYMENT OF COSTS BY MOVER FOR WIRE REMOVAL:

The person to whom such permit is granted as required in this article for the removal of buildings shall pay to the public utility, or to the city, as the case may be, any and all costs or expense for the removal, rearrangement or replacement of any pole or structural support of wires, cables or equipment or of the equipment thereon or of any damage to such property. (Ord. 688 § 15)

7-48: REMOVAL OF TREES; NOTICE REQUIRED:

In the event that the moving of any building for which a permit shall have been granted pursuant to this article makes it necessary to trim, move, remove or replant any tree, plant or shrub belonging to or under the control of the city, the person to whom such permit has been granted, or his authorized representative, shall notify the director of parks and leisure services at least forty eight (48) hours prior to the time that the moving of such building will necessitate the removal of such obstructions. (Ord. 1537 § B36, 8-6-1996)

7-49: REMOVAL OF TREES; AUTHORIZATION:

The person to whom such permit is granted as required in this article for the removal of buildings shall not, at the expiration of such time of notice or at any time, trim, move, remove, replant or otherwise disturb such trees, plants or shrubs; and such work shall be done only by the authorized workmen of the city unless otherwise approved and so ordered by the director of parks and leisure services. (Ord. 1537 § B37, 8-6-1996)

7-50: REMOVAL OF TREES; PAYMENT OF COSTS:

The person to whom such permit is granted as required in this article for the removal of buildings shall pay to the city any and all costs or expense for the trimming, moving, removing or replanting of any trees, plants or shrubs or of any damage thereto. (Ord. 688 § 16)

7-51: DAMAGE TO STREETS OR PUBLIC PROPERTY:

In the event that the moving of any building for which a permit shall have been granted pursuant to this article causes damage to the public streets or other public property, in addition to any other remedies the city may have, the city engineer may cause such damage to be repaired and the cost thereof shall be deducted from the deposit required by section 7-40 of this article, or he may require the person to whom such a permit has been granted, or his authorized representative, upon written notification from the city engineer to make all necessary repairs to such streets or property; provided, however, that should such person to whom such permit has been granted, and to whom such notice has been given, or his authorized representative, fail to make such necessary repairs within the period of time designated in such written notice, the city engineer may cause such necessary repairs to be made and the cost thereof deducted from the deposit required by section 7-40 of this article. (Ord. 1537 § B38, 8-6-1996)