Chapter 15.36 MOVING BUILDINGS

“Building” means any building or structure, or portion thereof, subject to regulation by the building code of the city. (Prior code § 8.1: Ord. 105 § 1)

15.36.020 Permit—Required.

No person shall move or cause to be moved any building within, into, from or through the city without first obtaining a permit therefor, which permit shall be known as a house moving permit. (Prior code § 8.15: Ord. 105 § 2 (part))

15.36.040 Permit—Fees.

No house moving permit shall be granted unless the applicant pays a house moving permit fee. All house moving permit fees, including moving a building from a location outside the city to a location within the city; moving a building from a location outside the city through the city to a location outside the city; moving a building from a location within the city to a location outside the city; moving a building to a location within the city not involving the use of public streets, ways or alleys within the city; and moving a building to a location within the city involving the use of a public street, way or alley within the city; shall be established by resolution of the city council and shall be payable to the building inspector at the time of filing application for such permit. (Ord. 86-004 § 8, 1986: Prior code § 8.17: Ord. 105 § 3 (part))

15.36.050 Permit—Application—Contents.

A. Any person desiring a house moving permit shall file with the building inspector of the city an application therefor, on a form to be furnished by the city for such purpose, which application shall state, among other things:

1. The type and dimension of the building to be moved;

2. The use, purpose and occupancy intended for the building at the location to which it is to be moved;

3. The present location of the building;

4. The location to which the building is to be moved; and

5. Whether any change of the zoning of the location to which the building is to be moved is necessary or contemplated.

B. No house moving permit shall be granted unless application is made therefor, as provided in this chapter. (Prior code § 8.21; Ord. 105 §§ 3 (part), 4)

15.36.060 Permit—Application—Photograph, plot plan and elevation diagram required.

The applicant at the time of filing his application for a house moving permit shall file a photograph of the building to be moved and a plot plan and elevation diagram of such building for the location at which the building is to be moved. (Prior code § 8.22: Ord. 105 § 3 (part))

15.36.070 Permit—Filing evidence of permission to relocate outside city or county.

If the location to which the building is to be moved is outside the city, the applicant for a house moving permit shall file evidence that he has obtained the consent or permission of the city or the county to which the building is to be moved. (Prior code § 8.23: Ord. 105 § 3 (part))

15.36.080 Permit—Written approval by city officials of route.

No house moving permit shall be granted unless the applicant obtains the written approval of the city engineer, building inspector, chief of police and the chief of the fire department of the route over which the building shall be moved. (Prior code § 8.24: Ord. 105 § 3 (part))

15.36.110 Permit—Posting of mover’s bond required.

No house moving permit shall be granted unless the applicant shall post a bond in the amount of one thousand dollars in accordance with the terms of Sections 15.36.200 through 15.36.220. (Prior code § 8.27: Ord. 105 § 3 (part))

15.36.120 Permit—Cash deposit to city required.

No house moving permit shall be granted unless the applicant deposits with the building inspector the sum of fifty dollars, plus a sum sufficient to cover the cost to the city, as estimated by the city engineer for trimming, moving, removing or replanting any trees or shrubs, and of moving or replacing any structure, including, without limiting the generality of the foregoing, poles, signs, fences, sign cables, etc., belonging to or under the control of the city. (Prior code § 8.28: Ord. 105 § 3 (part))

15.36.130 Permit—Denial—Grounds.

No permit shall be issued to move any building which is so constructed or in such condition as to be dangerous; or which is infested with pests or is unsanitary; or which, if it is a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm or be materially detrimental to the property or improvements in the district within a radius of one thousand feet from the proposed site; or if the proposed use is prohibited by the zoning laws of the city; or if the structure is of a type prohibited in the proposed location by an ordinance of the city; provided, however, that if the condition of the building or structure, in the judgment of the building inspector, admits of practicable and effective repair, a permit may be issued upon such terms and conditions as the building inspector shall deem appropriate.

B. No permit shall be issued pursuant to this chapter to move to any location within the city any building constructed by the United States of America, or any agency thereof, if such building was originally constructed as a temporary wartime dwelling or for use in connection with any temporary housing project. (Prior code § 8.18: Ord. 105 § 5)

15.36.140 Permit—Denial—Appeal.

In the event that the building inspector denies the issuance of a house moving permit, then the applicant shall have the right to appeal the same to the city council. Any action by the city council shall be final and conclusive. (Prior code § 8.19: Ord. 105 § 2 (part))

15.36.150 Permit—Revocation.

Any permit granted pursuant to this chapter may be revoked at any time by a majority vote of the council. (Prior code § 8.20: Ord. 105 § 6)

15.36.160 Property owner’s bond—Required—Contents.

Before any house moving permit is issued pursuant to this chapter, there shall be filed with the city clerk a bond in an amount to be determined by the building inspector which shall be equal to the building inspector’s estimate of the costs, plus ten percent thereof, of the work required to be done in order to comply with all of the terms and provisions of such permit. The bond shall be executed by the owner of the real property to which the building is to be moved as principal and by a responsible surety company as surety. In lieu of a surety company bond, the owner’s bond may be secured by a deposit of cash in such amount. The bond shall name the city as obligee and shall be conditioned that all work performed pursuant to the house moving permit shall comply with this chapter and all other applicable laws of the city and with all of the terms and conditions of the house moving permit. Each bond shall be subject to approval as to form by the city attorney. (Prior code § 8.29: Ord. 105 § 8 (part))

15.36.170 Property owner’s bond—No release of surety by extension of completion time.

Any extension granted by the building inspector of the time within which the work pursuant to a house moving permit shall be performed shall not release any surety or security on the bond required by Section 15.36.160. (Prior code § 8.30: Ord. 105 § 8 (part))

15.36.180 Property owner’s bond—Termination upon completion of work—Refund of cash deposit.

Each bond issued pursuant to this chapter shall terminate upon the completion of the work contemplated by the house moving permit in accordance with this chapter and all other applicable laws of the city and with all of the terms and conditions of the permit, as the same shall be determined by the building inspector. When a cash bond is 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 deducted as provided in Section 15.36.190. (Prior code § 8.31: Ord. 105 § 8 (part))

15.36.190 Procedure in case of default of surety.

Whenever a default has occurred in the performance of any term or condition of any house moving permit, written notice thereof shall be given to the principal and the surety of the bond by the building inspector, which notice shall 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 principal or surety must within the time therein specified either cause the work to be done or pay over to the building inspector the estimated cost of doing the work as set forth in the notice, plus ten percent of such estimated cost. Upon receipt of such payment, the building inspector shall use the cash deposit, or any portion thereof, to cause the required work to be done. If the principal defaults, the surety shall have the option, in lieu of completing the work required, to demolish the building and to leave the site thereof vacant and clean. The building inspector shall have the same option in the event of default of the surety. (Prior code § 8.32: Ord. 105 § 8 (part))

15.36.200 House mover’s bond—Required.

Before the house moving permit is issued pursuant to this chapter, the person performing the work of moving the building shall file with the city clerk a bond in the amount of one thousand dollars to be executed by such person as principal and by a responsible surety company as surety. In lieu of the surety company bond, the bond of such person may be secured by the deposit of cash in the amount of one thousand dollars. (Prior code § 8.33: Ord. 105 § 9 (part))

15.36.210 House mover’s bond—Contents.

The house mover’s bond shall name the city as obligee and shall be conditioned that the principal thereof will comply with all of the provisions of this chapter and all other applicable laws of the city now or hereafter in effect, and with all of the terms and conditions of the house moving permit, and that the principal will pay for any and all damages to any property belonging to the city, including, without limitation, streets, curbs, sidewalks, pavements, signs, fences, trees, etc., resulting from the moving of any building by the principal and that the principal will indemnify and keep harmless the city against any and all damages, claims, judgment, costs and expenses which in any manner accrue against the city in consequence of the granting by him, or the exercise by him, of any house moving permit. (Prior code § 8.34: Ord. 105 § 9 (part))

15.36.220 House mover’s bond—Period of operation.

The house mover’s bond shall operate as a continuing bond for the purposes of this chapter for a term of two years from and after the date thereof, and shall be subject to approval as to form by the city attorney. Such bond shall remain in effect for two years from the date thereof unless the earlier cancellation thereof is consented to by the city clerk and the city engineer. (Prior code § 8.35: Ord. 105 § 9 (part))

15.36.230 Manner of performance to be supervised by city engineer.

The work of moving any building within, into, from or through the city shall be done in a careful manner. The work of moving every building which is moved on any public street, way, alley or park in the city shall be under the supervision and control of the city engineer, and shall be done in the manner prescribed by the city engineer. (Prior code § 8.36: Ord. 105 § 7 (part))

15.36.240 Notice of time to city when work to begin.

Notice of the time of commencement of work of moving a building shall be given to the department of public works and to the police department of the city not less than thirty-six hours nor more than forty-eight hours prior to such time. (Prior code § 8.37: Ord. 105 § 7 (part))

15.36.250 Time in which work to be completed.

The work to be done pursuant to the permits issued under this chapter shall be completed within a reasonable time as specified in the permit, but if no time limit is specified, within ninety days after the date of issuance thereof. (Prior code § 8.38: Ord. 105 § 3 (part))

15.36.260 Lights and safeguards required.

During the period from one-half hour after sunset to one-half hour before sunrise, lighted lanterns shall be hung at least five feet along each end or side of any building or structure while in a public street or way. At all times while any building or structure is in a public street or way the house mover shall maintain “street closed” warning barriers at both ends of the block, and, during the period from one-half hour after sunset to one-half hour before sunrise, lighted lanterns shall be maintained not more than five feet apart on such barriers, but not less than three in all on each barrier. (Prior code § 8.39: Ord. 105 § 7 (part))

15.36.270 Fire department to be advised of location of building.

All house movers shall keep the fire department advised at all times of the location of any building or structure on any public street or way. (Prior code 58.40: Ord. 105 § 7 (part))

15.36.280 Police escorts provided when necessary.

The chief of the police department may, in his discretion, when he deems the same to be necessary, provide police escorts in connection with the movement of buildings within the city. (Prior code § 8.41: Ord. 105 § 7 (part))

15.36.290 Leaving structure on city property.

The work of moving any building shall be prosecuted to completion with due diligence. No person, either as mover or the one causing the moving to be done, or as the owner of the real property to which the building is moved, or as the owner of the building being moved, shall permit any building or structure which has a floor area in excess of four hundred square feet to remain upon any real property in the city for more than ninety days unless such building or structure is attached to the ground by a foundation erected in accordance with the provisions of the building code of the city. (Prior code § 8.42: Ord. 105 § 7 (part))

15.36.300 Leaving structure in city streets.

No person, either as mover of a building or the one causing the moving to be done, or as the owner of any building being moved over any public street, alley, way or park in the city, shall permit such building to remain in any one location on any public street, alley, way or park for a period longer than twenty-four hours, except with written permission first obtained from the chief of police. (Prior code § 8.43: Ord. 105 § 7 (part))

15.36.310 Insurance—Filing and approval required.

Before any house moving permit is issued under this chapter, the applicant therefor shall file with the city clerk a certificate or other evidence that there is in effect a policy of comprehensive liability insurance issued by a responsible insurance company, which policy shall insure the city, the permittee and al other persons performing work pursuant to such permit, against loss from the liability imposed by law for injury to or death of any person, or damage to any property arising in any manner out of the work performed pursuant to such permit. Such policy of insurance shall be subject to approval as to form by the city attorney. (Prior code § 8.44: Ord 105 § 10 (part))

15.36.320 Insurance—Minimum coverage.

The liability insurance required by Section 15.36.310 shall be in amounts not less than fifty thousand dollars exclusive of costs and interest on account of injury to or death of any one person, and one hundred thousand dollars exclusive of costs and interest on account of injury to or death of more than one person, and twenty-five thousand dollars for damage to property of others. (Prior code § 8.45: Ord. 105 § 10 (part))

15.36.330 Disconnection of utilities required.

No house moving permit shall be granted unless all water, gas, electric and telephone connections at the location from which the building is to be moved are disconnected by the utility company supplying the services. (Prior code § 8.46: Ord. 105 § 3 (part))

15.36.340 Closing sanitary sewers required.

No house moving permit shall be granted unless all sanitary sewer connections are closed at or within the property line of the location from which the building is to be moved. (Prior code § 8.47: Ord. 105 § 3 (part))

15.36.350 Repairs to site of moved building required.

After any building is moved, the site from which it was moved shall be cleared of all loose debris and rubbish and all depressions shall be filled or safely covered. (Prior code § 8.48: Ord. 105 § 3 (part))

15.36.360 Methods of relocation subject to protection of public health and safety.

The applicant for a house moving permit and the owner of the building shall comply with such other terms and conditions as the building inspector of the council may deem reasonable and proper for the protection of the safety, health and welfare of the people of the city, including, but not limited to, the hours at which public streets or parks may be used, the designation of public streets or parks which may be used, the requirements of changes, alterations, additions or repairs to be made upon the building moved in order that the relocation thereof will not be materially detrimental or injurious to the public welfare or the property and improvements in the area at which the building is to be moved. (Prior code § 8.49: Ord. 105 § 3 (part))

15.36.370 Consent required for crossing railroad tracks.

No building shall be moved across a railroad track without first obtaining the consent of the railroad, which consent may specify the time during which such crossing shall be made. (Prior code § 8.50: Ord. 105 § 13)

15.36.390 Repair of damaged city property.

In the event the moving of any building makes it necessary to trim, move, remove or replant any tree or shrub, or to move, remove or replace any sign, fence or other structure belonging to, or under the control of the city, the permittee, or his authorized representative, shall notify the city engineer at least forty-eight hours prior to the time that such moving will necessitate the removal of such obstruction. The permittee shall not at the expiration of such time of notice, nor at any other time, trim, move, remove or replant or otherwise disturb any such tree, plant or shrub, and such work shall be done only by authorized workmen of the city, unless otherwise approved and so ordered by the city engineer. The permittee shall pay to the city any and all costs and expenses for trimming, moving, removing or replanting any tree, plant or shrub or the amount of any damage to any tree, plant or shrub caused by such moving operation. (Prior code § 8.52: Ord. 105 § 11 (part))

15.36.400 Removal or replacement of signs and fences.

In the event that the moving of any building makes it necessary to move, remove or replace any sign, post, fence or other structure belonging to or under the control of the city, the permittee, or his authorized representative, shall notify the city engineer at least forty-eight hours prior to the time that such moving will necessitate the removal of such obstruction. The permittee shall not at the expiration of such time of notice, nor at any time, move, remove or replace any such structure and such work shall be done only by the authorized workmen of the city, unless otherwise approved and so ordered by the city engineer. The permittee shall pay to the city any and all costs and expenses for moving, removing or replacing of any such structure and of any damage to any property of the city occasioned thereby. (Prior code § 8.53: Ord. 105 § 11 (part))

15.36.410 Procedure upon damage to public streets or property.

A. In the event the moving of any building causes damage to public streets or other public property, the permittee or his authorized representative shall promptly notify the city engineer thereof, and such permittee shall upon receipt of authorization from the city engineer proceed to make all necessary repairs to such streets or other public property; provided, however, that should the permittee fail to make the necessary repairs in the period designated by the city engineer, the city engineer may cause such necessary repairs to be made and the costs thereof shall be deducted from the bond required by Section 15.36.110 or from the deposit required by Section 15.36.120. The period of time designated by the city engineer for the making of such repairs shall not be less than four hours after notice thereof has been communicated to the permittee.

B. When all the work contemplated by the house moving permit has been completed, and all damage to the public streets or other public property has been repaired to the satisfaction of the city engineer, and the costs of such repair have been paid, and all provisions of this chapter and all other applicable laws of the city and all of the terms and conditions of the house moving permit have been complied with, and the building inspector and the city engineer have each consented thereto, in writing, then the bond required by Sections 15.36.110 and 15.36.200, or any portion thereof then remaining unused, shall be cancelled and the deposit required by Section 15.36.120, or any portion thereof then remaining unused shall be refunded upon surrender of the deposit receipt evidencing the money so deposited. In the event the cost of repairing damages or performing other work as required by this chapter, or other applicable laws of the city, or the terms and conditions of the house moving permit exceed the total amount of such bond and deposit, the permittee shall be held liable for such excess, and it shall be the duty of the city engineer to collect such excess from the permittee. (Prior code § 8.54: Ord. 105 § 11 (part))