Chapter 15.24 MOVING BUILDINGS

A. No person shall move any building or structure or any portion thereof over, upon, along, or across any public street, alley or sidewalk without a written permit therefor from the street superintendent. Such permit may be referred to as a “house mover’s permit.”

B. No person shall relocate any building or structure or any portion thereof upon any premises in the city, without a permit therefor. Such permit may be referred to as a “relocation permit.” (Ord. 237 § 1, 1974; Ord. 226 § 1, 1973).

15.24.020 Relocation permit—Necessary for house mover’s permit.

No house mover’s permit shall be issued until the city clerk has first issued to the owner of the premises to which the building is to be moved, a relocation permit to relocate the particular building upon those premises. No relocation permit shall be required if the building or structure is to be moved to a place located outside the limits of the city or if the building or structure is to be used by a governmental agency for a governmental purpose. (Ord. 237 § 2, 1974: Ord. 226 § 2, 1973).

15.24.030 Relocation permit—Application—Contents and fees.

Every application to the city clerk for a relocation permit shall be in writing upon a form furnished by the city clerk and shall set forth such information as may be reasonably required in order to carry out the purposes of this chapter. The application shall have attached thereto:

A. Photograph of the building of not less than eight inches by ten inches in dimension of all sides of such building or structure, showing the general architectural design and appearance thereof;

B. Plot plan showing proposed location of building;

C. Plan of reconstruction;

D. Written report of a licensed pest control operator showing whether there is infestation, infection or damage to the building, or any hazardous or dangerous conditions to the structure related to wood-destroying organisms.

Such application shall be filed with the city clerk accompanied by an application fee of one hundred dollars. The application fee shall be in addition to the regular building permit fee required by the city building code codified in Chapter 15.04 of this code. (Ord. 237 § 3, 1974: Ord. 226 § 3, 1973).

15.24.040 Relocation permit—Application—Hearing—Notice.

Upon the filing of the application, the city clerk shall refer the matter to the planning commission of the city for its review, and no such permit shall be issued until the same has been approved by said body. The planning commission shall set a hearing thereon. Written notice of the time and place of such hearing shall be mailed to the known owners of property contiguous to the property to which the building is to be moved, and notice thereof shall also be posted on the proposed location. Such notice mailed and posted shall set forth the character of the building to be moved, and the place from which and the place to which it is to be moved, in addition to the time and place of hearing upon the application. Such mailing and posting of notices shall be completed at least ten days before the date of the hearing. (Ord. 237 § 4 (part), 1974: Ord. 226 § 4 (part), 1973).

15.24.050 Relocation permit—Application—Hearing—Appeal from decision.

Any person aggrieved by the decision of the planning commission upon any application for a permit as herein provided may, within fifteen days from the date said action is taken by the planning commission, appeal to the city council. The appeal shall be in writing and filed with the city clerk. Upon the filing of any such appeal the same shall be set for hearing before the city council and notice of the time and place of such hearing and the purpose thereof shall be given by the mailing of notices to the owners of all property to which any building or structure is to be moved, and to the applicant. Such mailing of notices shall be completed at least ten days before the date of the hearing. After such hearing by the city council, the city council may grant or deny the application or may modify in any particular, the action taken by the planning commission. (Ord. 237 § 4 (part), 1974: Ord. 226 § 4 (part), 1973).

15.24.060 Relocation permit—Nonissuance.

No permit shall be issued to relocate any building or structure which in the opinion of the planning commission is so constructed or in such condition as to be dangerous; or which is infested with pests or unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which cannot practicably and effectively be made to comply with the energy conservation regulations prescribed by the Uniform Building Code as amended from time to time; or which is so dilapidated, defective, unsanitary, or in such a condition of deterioration or disrepair that its relocation at the proposed site would 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 laws of this city; or if the structure is of a type prohibited, at the proposed location, by any fire district ordinance, or by any other law or ordinance; provided, however, that if the condition of the building or structure in the judgment of the planning commission admits of practicable and effective repair, the permit may be issued subject to appropriate conditions as hereinafter provided. 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 permit shall be denied. (Ord. 398 § 1, 1986: Ord. 226 § 5, 1973).

15.24.070 Relocation permit—Issuance.

If the granting of a permit is not prohibited by Section 15.24.060 hereof, the planning commission may, after the necessary investigation and hearing, authorize the city clerk to issue a relocation permit and in authorizing such permit, may impose such terms and conditions as he 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 structure to the end that the relocation thereof will not be materially detrimental to public welfare or to the property and improvements or either, in the district within a radius of three hundred feet of the proposed site to which it is to be moved. (Ord. 237 § 6, 1974: Ord. 226 § 6, 1973).

15.24.080 Relocation permit—Bond—Required.

No relocation permit shall be issued by the city clerk unless the applicant therefor shall first post with the city clerk a bond executed by the owner of the premises, where the building or structure is to be located, as principal, and a surety company, authorized to do business in this state, as surety. The bond, which shall be in form joint and several, shall name the city as obligee and shall be in an amount equal to the cost plus fifty percent of the work required to be done in order to comply with all of the conditions of such relocation permit, as such cost is estimated by the building inspector. In lieu of a surety bond the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called a “cash bond” for the purposes of this chapter. Any bond executed pursuant to any provision of this chapter shall contain a provision indemnifying and saving harmless the city and each officer or employee thereof from any loss or liability arising out of or resulting from any of the acts done pursuant to the provisions of any such bond or permit. (Ord. 226 § 7, 1973).

15.24.090 Relocation permit—Bond—Conditions.

Every bond posted pursuant to this chapter shall be conditioned as follows:

A. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the building inspector;

B. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within ninety days after the date of the issuance by the street superintendent of the house mover’s permit elsewhere in this chapter provided for. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient causes by the building inspector. No such extension of time shall be valid unless written and no such extension shall release any surety upon any bond. (Ord. 226 § 8, 1973).

15.24.100 Relocation permit—Default in performance—Notice.

Whenever the building inspector 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 deemed by the building inspector to be reasonably necessary for the completion of such work. (Ord. 226 § 9(a), (b), 1973).

15.24.110 Relocation permit—Default in performance—Costs—Procedure to complete work.

After receipt of such notice, the surety must within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the building inspector the estimated cost of doing the work, as set forth in the notice, plus an additional sum equal to ten percent of the estimated cost. Upon the receipt of such moneys, the building inspector shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor. (Ord. 226 § 9(c), 1973).

15.24.120 Relocation permit—Default in performance—Usage of cash bond deposit to complete work.

If a cash bond has been posted, notice of default as provided in Section 15.24.100 shall be given to the principal and if compliance is not had within the time specified, the building inspector shall proceed without delay and without further notice or proceedings whatever to use the cash deposit, or any portion of such deposit, to cause the required work to be done by contractor or otherwise in the discretion of the building inspector. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus ten percent thereof. If upon investigation or failure to secure offers or bids to do the work, it appears that the cash deposit is not adequate to complete the same, the building inspector shall report the facts to the city council for such action as it shall order after due investigation. (Ord. 226 § 9(d), 1973).

15.24.130 Relocation permit—Default in performance—Demolition in lieu of completing work.

When any default has occurred on the part of the principal under the preceding provisions set out in Sections 15.24.100 through 15.24.120, the surety shall have the option in lieu of completing the work required, to demolish the building or structure and to clear, clean, and restore the site. If the surety default, the building inspector shall report the facts to the city council for its order, which order may include all actions herein placed in the power of the surety. The city council may, at its discretion, bring suit against the surety and principal and such other defendants as it may be advised to obtain a judgment authorizing demolishing the business or structure or for such other remedies as the court shall decree. Costs of such proceeding shall be paid by the principal and surety and other defendants as the court may decree. Any building or structure maintained after default shall constitute a public nuisance and be subject to abatement as such. (Ord. 226 § 9(e), 1973).

15.24.140 Relocation permit—Default in performance—Surety’s right to enter premises.

In the event of any default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, shall have the right to go upon the premises to complete the required work or to remove or to demolish the building or structure. (Ord. 226 § 9(f), 1973).

15.24.150 Relocation permit—Default in performance—Interfering with surety prohibited.

No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety engaging in the work of completing, demolishing, or removing a building or structure for which a relocation permit has been issued after a default has occurred in the performance of the terms or conditions thereof. The provision of this section as well as Sections 15.24.100 through 15.24.140 shall also extend to representatives of the city. (Ord. 226 § 9(g), 1973).

15.24.160 Relocation permit—Bond period and termination.

The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the building inspector of the performance of all of the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the building inspector, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere provided in this chapter. (Ord. 226 § 10, 1973).

15.24.170 House mover’s permit—Conditions for granting designated.

No house mover’s permit shall be granted by the street superintendent except as follows:

A. The applicant must first furnish evidence that the building inspector has already issued a relocation permit for the particular building or structure when such a permit is required by the provisions of this chapter;

B. The applicant shall pay to the street superintendent an application fee as established by the city council by resolution;

C. A separate application upon a form furnished by the street superintendent must be filed, and a separate permit obtained for the moving of each separate building or structure or portion of a building or structure. (Ord. 322 § 1, 1979; Ord. 226 § 11, 1973).

15.24.180 House mover’s permit—Application—Contents.

Each application for a house mover’s permit must show:

A. The kind of building or structure to be moved;

B. The street location or other identifying description to which it is proposed to be moved, and the route over, along, across, and upon which such building or structure, section or portion thereof is to be moved;

C. The number of sections in which the building or structure will be moved;

D. The time when it is proposed to be moved and within which removal will be completed. (Ord. 226 § 12, 1973).

15.24.190 House mover’s permit—Application—Action.

The street superintendent immediately upon receipt of such application shall notify the chief of police that such application has been filed. The street superintendent shall investigate the route designated in the application to ascertain whether the moving of the building can be made without damage to the trees adjacent thereto. If the moving would damage such trees, he shall prescribe another route which will not cause such damage. If the moving of the building requires any tree trimming, such tree trimming shall be performed by a street trimmer designated by the street superintendent, and at a charge of ten dollars per hour shall be made for the services of such tree trimmer. (Ord. 226 § 13, 1973).

15.24.200 House movers—Deposits.

A. No permit shall be issued to any house mover pursuant to the terms of this chapter until the applicant therefor has deposited a sum to be established by the city council by resolution with the street superintendent.

B. Any house mover may make and maintain with the street superintendent a general deposit in a sum to be established by the city council by resolution, which general deposit shall be used for the same purpose as the special deposit mentioned in this section, and while such general deposit is maintained such house mover shall not be required to make the special deposit in this section provided for, but shall be required to comply with all other provisions set forth in this chapter. (Ord. 322 § 2, 1979: Ord. 226 § 14, 1973).

15.24.210 House movers—Inspection and supervision.

Every building or structure or section or portion thereof moved over, upon, along, or across, any street shall be moved under the inspection and supervision of the street superintendent. The street superintendent shall appoint an inspector for the moving of any building or structure and of each section or portion thereof; provided, that in case two or more buildings or structures, or two or more sections or portions thereof are being moved at the same time along a route or routes so situated that one person can inspect the same, only one person shall be appointed therefor. Such inspection and supervision in each case shall be for such time as the street superintendent shall deem necessary for the performance of such service and a charge of fifteen dollars for each two hours or fraction thereof shall be made for the time required for such inspection and supervision. (Ord. 226 § 15, 1973).

15.24.220 House movers—Police escort when.

The superintendent of streets shall notify the chief of police of the time of moving the building through the public streets. If the chief of police determines that the protection of the public requires a police escort, he shall provide such escort and a charge of seven dollars and fifty cents per hour or fraction thereof shall be made therefor. (Ord. 226 § 16, 1973).

15.24.230 House movers—Methods of moving.

It shall be the duty of any house mover when required by the street superintendent to cause boards of sufficient strength to carry the load without breaking to be placed under all of the rolls or wheels to serve as a runway for such rolls or wheels during the moving of any building or structure, or section or portion thereof, along every street improved in any other manner than by Portland cement concrete, asphalt or brick, and at no time shall such rolls or wheels be permitted to revolve, except upon such board runway when the same is required by the street superintendent. The street superintendent may direct that steel or rubber-tired dollies may be used when any building or structure is moved on any unimproved or oil gravel street. (Ord. 226 § 17 (part), 1973).

15.24.240 House movers—Inspector’s authority to stop progress.

In the event that the equipment of the house mover is not sufficient for the work required, or if the street or the use thereof or the property of any public utility will be at any time endangered or damaged by such moving or if such house mover or his servants or employees at any time violate any of the terms, conditions, or restrictions of the permit required by Section 15.24.190 either as to the size or dimensions of the building or structure being moved, or the route of such moving or otherwise, the inspector shall report such fact to the street superintendent, and when properly authorized by the street superintendent, the inspector shall be empowered to stop the progress of such moving. (Ord. 226 § 17 (part), 1973).

15.24.250 House movers—Damage to streets.

In case of damage to any street by reason of the moving of any building or structure or section or portion thereof, the street superintendent shall do such work as may be necessary to restore the street to as good a condition as the same was in prior to such damage, and shall charge the cost thereof to the house mover to whom the permit was issued for the moving of such building or structure or section or portion thereof. (Ord. 226 § 18, 1973).

15.24.260 House movers—Deposit deductions.

A. There shall be deducted from the deposits provided for in Section 15.24.200 the sum of twenty-five dollars as a permit fee.

B. In addition to the above deduction there shall also be deducted from each deposit the cost of the service of the inspector provided for in Section 15.24.210, the cost of the tree trimmer provided for in Section 15.24.190, the cost of the police escort provided for in Section 15.24.220, and the cost of repairs, if any, made by the street superintendent as provided in Section 15.24.250. The remainder of such deposit, if any shall be refunded to the person making such deposit or to his assigns. In case the deposit made pursuant to Section 15.24.200 shall not be sufficient to pay the cost of the service of the inspector, the police escort, the tree trimmer, and the cost of the repairs, if any, the person making such deposit shall upon demand, pay to the street superintendent a sufficient sum to cover all such costs. Upon failure to pay such sum, it may be recovered by the city in any court of competent jurisdiction. No permit fee shall be required for the moving of temporary buildings or structures over public streets or alleys if such buildings or structures are to be used for a governmental purpose. (Ord. 226 § 19, 1973).

15.24.270 Red light required.

No person moving any building or structure or section or portion thereof over, upon, along or across any street, alley or sidewalk shall fail, neglect, or refuse to keep a red light burning at all times between sunset and sunrise at each corner of such building or structure or section or portion thereof, and at the end of any projection thereon while the same or any part thereof is located in or upon any street, alley or sidewalk. (Ord. 226 § 20, 1973).

15.24.280 Insurance.

No permit to move a building authorized by the street superintendent or other city officer shall be issued until the permittee has filed with the city clerk a policy of public liability and property damage, or approved certificate thereof, issued by a responsible insurance company authorized to do business in the state. The policy shall insure the permittee and shall insure to the benefit of any and all persons suffering the loss or damage either to person or property by reason of wrongful or negligent acts in moving the building. The policy shall also contain a clause of special endorsement indemnifying and saving harmless the city, its officers, agents and employees against any loss, damage, costs and expenses which may in anywise accrue against the city, its officers, agents or employees in consequence of the granting of the permit for moving any building. Such policy shall insure against loss from the liability imposed by law for injury to, or death of, any person in the amount or limit of five hundred thousand dollars 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 five hundred thousand dollars on account of any one accident resulting in injury to, or death of, more than one person, and of one hundred thousand dollars for damage to property of others resulting from any one accident. Such policy shall certify therein that it shall not be canceled except upon thirty days’ prior written notice thereof to the city clerk. The liability insurance shall be a continuing liability up to the full amount thereof notwithstanding any recovery thereon. (Ord. 226 § 21, 1973).

15.24.290 Appeal from decisions—Hearing.

Any person aggrieved by any decision of the building inspector or street superintendent in carrying out the provisions of this chapter, may within ten days after such decision, appeal to the city council by filing a written notice thereof with the city clerk, and the city council shall hold a hearing on the matter and its decision thereon shall be final and conclusive. (Ord. 226 § 22, 1973).

15.24.300 Penalty for violations.

Any person, firm or corporation, who violates any of the provisions of this chapter, or who violates or fails to comply with any order made thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, is for each and every separate violation and noncompliance respectively, guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by jail imprisonment for a period not exceeding ninety days or by both such fine and imprisonment. The imposition of one penalty for any violation of this chapter shall not excuse the violation, or permit it to continue; and any such person shall be required to correct or remedy such violation or defect within a reasonable time; and when not otherwise specified, each ten days that the prohibitive conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of a prohibitive condition. (Ord. 226 § 25, 1973).