CHAPTER 11.36
MOVING BUILDINGS AND HEAVY EQUIPMENT
SECTION:
11.36.020: Applicability Of Chapter
11.36.030: Classification Of Permits
11.36.050: Application For Permit; Fee
11.36.060: Investigation Of Route
11.36.070: Permit Denial; Appeal To Council
11.36.080: Term Of Permit; Extensions
11.36.110: Indemnification Of City; Liability Insurance
11.36.120: Repair Of Damage To Streets And Utilities
11.36.140: Compliance With Other Provisions
11.36.150: Default In Performance; Remedy; Notice
11.36.010 DEFINITIONS:
The words "building" and "structure", as used in this chapter, shall have the same meanings as defined in the building code, as adopted by reference in section 11.04.020 of this title. (Ord. 2010-61, 2-16-2010)
11.36.020 APPLICABILITY OF CHAPTER:
The provisions of this chapter 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. (1972 Code § 14.50.150)
11.36.030 CLASSIFICATION OF PERMITS:
For the purposes of this chapter, 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 house moving 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 (8) tons.
C. Class C permit: For any building or structure which is moved by loading on house moving dollies and does not exceed twenty two feet (22’) in height or thirty feet (30’) in width.
D. Class D permit: For any building or structure, other than one constructed of brick or concrete, which, when loaded on house moving dollies, is more than twenty two feet (22’) in height but does not exceed twenty eight feet (28’) in height, and is more than thirty feet (30’) in width but does not exceed forty feet (40’) in width.
E. Class E permit: For any building or structure other than one constructed of brick or concrete, which, when loaded on house moving dollies, exceeds twenty eight feet (28’) in height or exceeds forty feet (40’) 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 house moving dollies, exceeds twenty two feet (22’) in height or exceeds thirty feet (30’) in width. (1972 Code § 14.50.020)
11.36.040 PERMIT REQUIRED:
A. Permit; Route Approval: 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 11.36.030 of this chapter, 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. (1972 Code § 14.50.030)
B. Separate Permit For Each Building: With the exception of class A and class B permits, no permit granted under this chapter 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 (2) or more sections or portions, but a separate permit shall be required for each such section or portion. (1972 Code § 14.50.040)
11.36.050 APPLICATION FOR PERMIT; FEE:
A. Filing; Required Information: 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.
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. Plan Showing Placement At New Location, Design: In all cases, except where the building or 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. Fee: The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the city council. (1972 Code § 14.50.050)
11.36.060 INVESTIGATION OF ROUTE:
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. (1972 Code § 14.50.060)
11.36.070 PERMIT DENIAL; APPEAL TO COUNCIL:
A. Grounds For Denial: 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. Notice To Applicant; Right Of Appeal: 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 established by the council. (1972 Code § 14.50.070)
11.36.080 TERM OF PERMIT; EXTENSIONS:
Each permit granted under this chapter 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. (1972 Code § 14.50.080)
11.36.090 DISPLAY OF PERMIT:
Any person having a valid moving permit under this chapter 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. (1972 Code § 14.50.090)
11.36.100 PERFORMANCE BOND:
A. Bond Required: All applications for class C, D, E and F permits shall be accompanied by a surety bond in the minimum sum of one hundred thousand dollars ($100,000.00), 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 ($200,000.00), payable to the city for like purposes, and in that event such person need not file the one hundred thousand dollar ($100,000.00) bond hereinabove required for any single moving operation.
B. Right To Increase Amount: The city shall retain the right and discretion to increase the sums referenced above when, in the determination of the city, the nature of a given moving operation requires greater bonding. (1972 Code § 14.50.100)
11.36.110 INDEMNIFICATION OF CITY; LIABILITY INSURANCE:
A. Hold Harmless Agreement: 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. Insurance Required: 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. (1972 Code § 14.50.110)
11.36.120 REPAIR OF DAMAGE TO STREETS AND UTILITIES:
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. (1972 Code § 14.50.120)
11.36.130 SAFETY PRECAUTIONS:
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, structure, machinery or equipment and at the end of any projection thereof and at intervals of not more than ten feet (10’) 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 lookouts shall be maintained to safeguard persons or property against injury or damage which might result from such moving operations. (1972 Code § 14.50.130)
11.36.140 COMPLIANCE WITH OTHER PROVISIONS:
The permit required by this chapter 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. (1972 Code § 14.50.140)
11.36.150 DEFAULT IN PERFORMANCE; REMEDY; NOTICE:
Whenever the city engineer shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time reasonably necessary to complete such work. Failure to complete such work in accordance with the city engineer’s edict shall cause the surety to pay over to the city the estimated cost. (1972 Code § 14.50.170)
11.36.160 PENALTY:
The violation of any provision of this chapter is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in this code. (1972 Code § 14.50.160)