Chapter 15.16
MOVING BUILDINGS
Sections:
15.16.020 Relocation permit – Required.
15.16.030 Relocation permit – Application.
15.16.040 Relocation permit – Hearing procedure.
15.16.050 Relocation permit – Issuance.
15.16.060 Relocation permit – Denial.
15.16.080 Relocation agreement and bond.
15.16.090 Moving permit – Required.
15.16.100 Moving permit – Application contents – Bond.
15.16.110 Obstructing streets.
15.16.120 Obstructing public conveyances.
15.16.130 Displacement of wires.
15.16.140 Penalty for violation.
15.16.010 Purpose.
The purpose of this chapter is to establish a method whereby neighborhoods may be protected from encroachment by structures of an incompatible nature through the house moving procedure, and to regulate the moving of structures into and within the city. (Ord. 111 § 1, 1957)
15.16.020 Relocation permit – Required.
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 or her duly authorized agent, has first secured a relocation permit in the manner provided in this chapter. (Ord. 111 § 2, 1957)
15.16.030 Relocation permit – Application.
An application for a relocation permit shall be filed at the office of the secretary of the planning commission, and shall contain the following information:
A. The name, address and telephone number of the person making the application;
B. The present street address and assessor’s parcel number, or subdivision lot and block number;
C. The street address and assessor’s parcel number, or subdivision lot and block number of the property upon which it is proposed to relocate the structure;
D. A plot plan of the proposed site drawn at an accurate scale of not less than one inch equals ten feet, showing the lot lines and their dimensions, the proposed location of structures to be placed thereon, and their dimensions, the distances between buildings on the lot, and the dimensions of all yards, side, front and rear;
E. Ten photographs four inches by five inches in size, showing all of the front and as much of one side of the structure as is possible. The photographs shall clearly show the character of the structure and its size and condition;
F. A list of alterations, of any, proposed to be made to the building;
G. A list of the names and addresses as shown on the most recent equalized assessment roll of all persons owning property within the zone of interest. Said zone of interest shall include all parcels in whole or in part within a distance of three hundred feet of the exterior limits of the property to which it is proposed to move the structure;
H. A copy of the written inspection report, which the owner or his or her duly authorized agent, will obtain from the office of the building inspector.
A fee of seventy-five dollars shall be paid upon application for relocation permit. Said fee is not refundable if permit is not granted. (Ord. 111 § 3, 1957)
15.16.040 Relocation permit – Hearing procedure.
A. Upon receipt of an application for a relocation permit, accompanied by a written inspection report and recommendation of the building inspector, the secretary of the planning commission shall set a date for a public hearing on said application, to beheld not less than twenty-one days after receipt of said report and application. The secretary of the planning commission 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 and shall post not less than eight notices within the zone of interest. The planning commission shall accept and evaluate evidence concerning the proposed relocation of said residential structure. Their determination shall be based upon the compatibility of the structure in question with existing structures and the general character of the area in which it is proposed to relocate. Points to be considered are: comparable economic values, age, architectural style, and physical condition.
B. At the public hearing, tenant or owner within the zone of interest may appear to support or protest the granting of the relocation permit. The findings of the planning commission shall be recorded, and said records shall be kept on file in the office of the secretary of the planning commission. (Ord. 111 § 4, 1957)
15.16.050 Relocation permit – Issuance.
If the planning commission finds in favor of the applicant’s request, the planning commission shall issue a permit for the relocation of said residential structure on the proposed new site. The planning commission may impose whatever conditions are deemed necessary to assure compatibility of said structure with the area in which it is proposed to be relocated. (Ord. 111 § 5, 1957)
15.16.060 Relocation permit – Denial.
If the planning commission denies the applicant’s request, the secretary of the planning commission shall so inform the applicant, and shall state in writing the reasons for the denial. (Ord. 111 § 6, 1957)
15.16.070 Appeal.
A. The applicant may, within fifteen calendar days of the decision of the planning commission, appeal to the city council in writing, offering evidence to demonstrate the compatibility of the residential structure to the area of the proposed new location.
B. The records of the planning commission shall be submitted to the city council for their use in considering said appeal. The decision of the city council shall be final. (Ord. 111 § 7,1957)
15.16.080 Relocation agreement and bond.
After a relocation permit has been secured and before a moving permit may be obtained, the owner shall execute an agreement with the city guaranteeing that the terms of the relocation permit will be complied with in full within ninety days after the building has been moved. Said agreement shall give the city the right to demolish the building if the agreement is violated. A faithful performance bond in the amount of five hundred dollars shall be executed by the owner and shall inure to the benefit of the city to guarantee the cost of said demolition. In lieu of said faithful performance bond, a cash deposit in said amount may be made with the city clerk. (Ord. 111 § 8, 1957)
15.16.090 Moving permit – Required.
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 without first securing a permit from the building inspector so to do in the manner provided in this chapter. (Ord. 111 § 9, 1957)
15.16.100 Moving permit – Application contents – Bond.
A. The application for a permit to move a building or structure shall be filed with the building inspector and shall contain the following:
1. A copy of the relocation permit issued by the planning commission unless the building or structure is to be moved to a location outside the city;
2. The route on which the building is proposed to be moved;
3. The loaded height of the building;
4. The proposed moving date and hours.
B. A moving permit shall not be issued until after the person, firm or corporation so applying therefor has first delivered to the clerk of the city a surety bond running to the city in the sum of five thousand dollars, which bond shall be conditioned that the parties so desiring to move a building or structure in the city will strictly comply with all the conditions and, requirements of this chapter and of any ordinances hereafter passed by the city council regulating housemoving and the building code and zoning ordinance of the city as the same now exist or as they may be hereafter amended, and that said party will pay any and all damages which may result by reason of any structure moving in the city by said party, his or her agent, employees or workmen, to any fence, tree, pavement, street, sidewalk, cable, electric or steam railroad line or to any electric telephone or telegraph lines belonging to the city or to any telegraph or telephone company or to any railway company having a franchise in the city, and conditioned further that said party and said principal will save, indemnify and keep harmless the city against all liabilities, damages, judgments, costs and expenses which may in any way accrue against the city in consequence of the granting or exercising of such permit, and will in all things strictly comply with the conditions of such permit.
C. Any such bond filed by any person, firm or corporation shall operate as a bond for the purpose required by this chapter for the term of one year from the date of the filing thereof insofar that no other or additional bond need be given by any such party for the removal of buildings or structures in the city during the period of one year.
D. Such permit shall specify the character of the building to be removed, the place from which and to which the building is to be moved, and the streets on, over or through which said removal may be made; and said building shall not be moved on, over, or through any other street except those named in said permit.
E. No permit for the removal of a building or structure shall be issued until after the payment of the sum of twenty-five dollars therefor to the city. This twenty-five dollar fee is in addition to the fee required for remodeling, constructing or reconstructing of a building as provided in the building code. (Ord. 111 § 10, 1957)
15.16.110 Obstructing streets.
No person, firm or corporation owning or having charge of the removal of any building or structure through the public streets of the city shall permit said building to stand on any street, lane, alley or public grounds for a longer period than twenty-four hours except by written permission obtained from the superintendent of streets. (Ord. 111 § 11, 1957)
15.16.120 Obstructing public conveyances.
No person, firm or corporation owning, or having charge of the removal of any building, shall permit the same to obstruct any electric road in operation, or any steam railroad, except between the hours of two a.m. and five a.m. (Ord. 111 § 12, 1957)
15.16.130 Displacement of wires.
It is unlawful for any person, firm or corporation to remove any building or structure where such removal will require the cutting or displacement of any overhead electrical wires, until after forty-eight hours notice in writing has been given by the person proposing to move such building to the firm or corporation owning or operating such electric wires or appurtenances shall, within twenty-four hours thereafter, furnish the person proposing such removal an estimate showing the maximum cost of removal and displacement of such wires, and such wires shall be removed and replaced in such manner as the person owning or operating them determines to be necessary for the safety of the public; and the entire expense of such removal and replacement shall be borne by the person, firm or corporation proposing such removal. (Ord. 111 § 13, 1957)
15.16.140 Penalty for violation.
A. Any person, firm or corporation, violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than ten dollars or more than five hundred dollars, or by imprisonment for not less than five days nor more than six months, or by both such fine and imprisonment.
B. Every such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any building or structure moved by such person, firm or corporation in violation of the provisions of this chapter continues in such condition and shall be punishable therefor as provided in this section.
C. In addition to enforcing said penalties for any such misdemeanor, the city may institute civil action to enjoin any violation of any provision of this chapter or secure any other appropriate legal or equitable relief, including abatement.
D. The removal of any building in violation of this chapter and the failure to remove, remodel, locate and complete the same in accordance with the terms of the permits, shall constitute such building or structure a public nuisance and the same may be abated by appropriate legal action. (Ord. 111 § 14, 1957)