Article 16-50

MOVING OF BUILDINGS, STRUCTURES AND HEAVY MACHINERY OR EQUIPMENT

Sections:

The words "building" and "structure," as used in this Article, shall have the same meanings as defined in the Building Code, as adopted by reference in Article 16-15 of this Chapter.

For the purposes of this Article, permits for the moving of buildings, structures, heavy machinery or equipment are hereby classified as follows:

(a) Class A Permit: For any building or structure moved by motor truck or any vehicle propelled by its own power, not using any trailer or housemoving dollies.

(b) Class B Permit: For any heavy machinery or equipment moved by motor truck or any vehicle propelled by its own power, where the weight of such machinery or equipment to be moved exceeds eight tons.

(c) Class C Permit: For any building or structure which is moved by loading on housemoving dollies and does not exceed twenty-two feet in height or thirty feet in width.

(d) Class D Permit: For any building or structure, other than one constructed of brick or concrete, which, when loaded on housemoving dollies, is more than twenty-two feet in height but does not exceed twentyeight feet in height, and is more than thirty feet in width but does not exceed forty feet in width.

(e) Class E Permit: For any building or structure other than one constructed of brick or concrete, which, when loaded on housemoving dollies, exceeds twentyeight feet in height or exceeds forty feet in width.

(f) Class F Permit: For any building or structure, the walls of which are constructed of brick or of concrete, which, when loaded on housemoving dollies, exceeds twenty-two feet in height or exceeds thirty feet in width.

No person shall move or cause to be moved any building or structure or any machinery or equipment of any of the classes as enumerated in Section 16-50.020 of this Article, or any section of any such building, structure, machinery or equipment, over, upon, along or across any public street or alley in the City or from one location to another in the City without first obtaining a permit to do so from the City Engineer, together with approval by the City Engineer as to route and condition of streets to be traversed, which approval shall be set forth on such permit.

With the exception of Class A and Class B permits, no permit granted under this Article shall authorize the moving of more than one building or structure or more than one section or portion thereof, in any case in which any such building or structure is to be moved in two or more sections or portions, but a separate permit shall be required for each such section or portion.

16-50.050 Application for permit fee. (a) Applications for moving permits shall be filed with the City Engineer, and shall contain the following information:

(1) The name of the owner, the type of building or structure, the present and proposed location, the fair value and approximate age of the building or structure to be moved, the route proposed to be followed, the method of moving and the time within which the work of moving will be commenced and completed.

(Saratoga Supp. No. 57, 1-26)

438.2

16-50.100

(2) That all necessary authority and permits have been obtained from the operators of public utilities which might be affected by such moving operations.

(3) Such other pertinent information as the City Engineer may require.

(b) In all cases, except where the building structure is being moved to a location outside of the City limits, in addition to such application, there shall be filed a plan showing the location upon the property to which the building or structure is to be moved, together with photographs of all sides of such building or structure, showing the general architectural design and appearance thereof, and if any material alteration, repair work or other work is proposed to be done after removal has been completed, then there shall also be filed plans showing the general architectural design and appearance of the building or structure on all sides after such work has been completed.

(c) The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council.

The City Engineer shall cause an investigation to be made of the proposed route to determine the effect of the moving of such building, structure, machinery or equipment described in the application upon the streets, highways or other property of the City and no moving permit shall be issued unless the City Engineer shall find that such moving can be accomplished without detrimentally affecting streets, highways or other property of the City along the route of such proposed moving operation.

(a) The City Engineer may refuse to grant a moving permit on any of the following grounds:

(1) Where the condition of the building, structure, machinery or equipment is such that it is dangerous or defective and such condition cannot effectively be remedied or corrected.

(2) If the relocation of such building, structure, machinery or equipment would cause appreciable damage to or be materially detrimental to the property or improvements in the district within the immediate vicinity of the proposed new location.

(3) If the granting of the permit would be materially detrimental or injurious to the public safety or public welfare.

(4) If the building or structure is of a type prohibited at the proposed location by any law or ordinance of the City.

(b) In the event the City Engineer denies a permit, he shall so inform the applicant in writing, stating the reasons for such denial, and the applicant may thereafter appeal such decision to the City Council in accordance with the procedure set forth Section 2-05.030 of this Code.

Each permit granted under this Article shall state on the face thereof a time limit within which the moving operation covered thereby shall be completed, which time shall in no event be greater than the time as set forth in the application for such permit; provided, that the City Engineer, on request of the applicant, may extend the time of any such moving permit where delay is caused by reason of inclemency of the weather, strikes, acts of God or the public enemy or other causes not within the control of the permittee or for such other cause which, in the City Engineer's opinion, warrants such extension of time. All extensions shall be visibly stamped upon the permit.

Any person having a valid moving permit under this Article shall either conspicuously post the same on the building, structure, machinery or equipment for which the permit has been granted at all times during the moving thereof or, in the alternative, shall have such permit physically in the possession of a person in charge of such moving operation who is present at all times during such moving.

All applications for Class C, D, E and F permits shall be accompanied by a surety bond in the sum of One Hundred Thousand Dollars, in favor of the City, for the benefit of any person, including the City, who may be damaged directly by the moving of such building or structure; provided, that any person engaged in the business of moving buildings may file with the City Clerk a bond in the sum of Two Hundred Thousand Dollars, payable to the City for like purposes, and in

(Saratoga Supp. No. 57, 1-26)

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16-50.100

that event such person need not file the One Hundred Thousand Dollar bond hereinabove required for any single moving operation.

(a) No Class C, D, E or F permit shall be issued until the applicant has executed a written agreement to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any and all claims, demands, actions, expenses or liabilities arising or resulting from the doing or refraining from doing any act permitted by such permit, or the failure to comply with any terms or conditions of such permit.

(b) As a condition for the issuance and continuation of a Class C, D, E or F permit, the applicant shall furnish to the City, at the applicant's own cost and expense, a policy of liability insurance providing coverage in accordance with the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such insurance coverage shall be maintained in full force and effect in accordance with said insurance standards for as long as the permit remains issued and outstanding.

If the moving operation causes any damage to any public street or other public property or public utility, the proper City department or utility company shall do such work as may be necessary to restore the street or other public property or public utility to as good a condition as the same was in prior to such damage and shall charge the cost thereof to the person to whom the permit was issued for the moving operation. No building permit shall be issued for the repair or reconstruction of any building or structure until all charges, costs and fees due the City incident to such moving have been paid or discharged to the satisfaction of the City Engineer.

structure, machinery or equipment and at the end of any projection thereof and at intervals of not more than ten feet on the side thereof facing the open street. During all the time while such building, structure, machinery or equipment is being moved and in motion, sufficient look-outs shall be maintained to safeguard persons or property against injury or damage which might result from such moving operations.

The permit required by this Article shall be in addition to all permits required under any other provisions of this Code or other ordinance of the City and all such relocated buildings or structures shall be subject to the inspection of the building official and shall conform to all requirements of the building and other codes or ordinances relating to building, construction and necessary installations incident thereto.

The provisions of this Article shall apply to all persons moving buildings, structures, machinery or equipment within the City, or from a location outside of the City to a location within the City, or from one location to another within the City; provided, that upon a proper showing, the City Engineer may waive or reduce the deposit and permit fees where the building, structure, machinery or equipment to be moved is owned or is to be used or occupied by another public agency or where the distance such structure, building, machinery or equipment is moved is so short that, in his judgment, a modification of the fees or other requirements hereof is reasonable under all circumstances.

The violation of any provision of this Article is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code.

No person shall cause to be moved any building, structure, machinery or equipment or section or portion thereof over, upon, along or across any public street, alley or other public place without keeping a red light burning at all times between sunset and sunrise at each corner of such section or portion of such building,

(Saratoga Supp. No. 57, 1-26)

438.4

16-51.020