Chapter 8-8
BUILDING MOVING
Sections:
8-8-05 Permits: Applications: Form.
8-8-06 Permits: Applications: Contents.
8-8-07 Suspension or revocation of permits.
8-8-08 Control and supervision.
8-8-10 Permits: Bond or security.
8-8-12 Moving notices: Required.
8-8-13 Moving notices: Form and content.
8-8-14 Protests: Referral to Planning Commission.
8-8-15 Improvements and repairs: Required in certain cases.
8-8-16 Improvements and repairs: Time allowed for completion.
8-8-17 Duties of persons in charge of moving buildings.
8-8-01 Building defined.
For the purposes of this chapter, “building” shall mean a structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. A structure containing one hundred twenty (120) square feet or less of floor space shall not fall within this definition.
(1162-CS, Added, 02/23/2012)
8-8-02 Permits: Required.
No person shall move any building or structure over, along, or across any highway, street, or alley in the City without first obtaining a permit therefor from the City Engineer. All such permits shall be effective for a period of thirty (30) calendar days after the date of issuance.
(1162-CS, Added, 02/23/2012)
8-8-03 Permits: Issuance.
A permit shall be issued only under the following conditions:
(a) All the inspection fees and permit fees required by this chapter and by this Code regulating building, electrical, plumbing, and gas installations shall have been paid;
(b) A route of travel within the City shall have been approved by the City Engineer;
(c) The building shall have been inspected and approved, and the certificate of inspection shall have been filed by the Building Official;
(d) The City Engineer shall have determined that the moving equipment to be used, when loaded, will not be detrimental to the streets or other property of the City;
(e) The applicant shall have posted securities and insurance certificates as required by the provisions of TMC 8-8-10 and 8-8-11;
(f) No written protests shall have been received, or protests which have been received shall have been overruled by the Planning Commission or the Council; and
(g) Required street and alley dedications shall have been made, and all required street or utility improvements and repairs shall have been made or security for such improvement or repair shall have been furnished.
(1162-CS, Added, 02/23/2012)
8-8-04 Permits: Denial.
No permit shall be issued to move any building or structure which, in the opinion of the City Engineer or Chief Building Official:
(a) Is so constructed or in such condition as to be dangerous;
(b) Is infested with pests or insanitary;
(c) If it is a dwelling or habitation, is unfit for human habitation;
(d) 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 to, or be materially detrimental to, the property or improvements in the district within a radius of one thousand (1,000') feet from the proposed site;
(e) If the proposed use is prohibited by the zoning laws of the City;
(f) If the structure is of a type prohibited at the proposed location by any law of the City; or
(g) If the moving of the building or structure will cause unreasonable damage to the trees, plants, and shrubs on and along the public streets.
However, if the condition of the building or structure, in the judgment of the Chief Building Official, admits of practicable and effective repair, the permit may be issued upon the terms and conditions set forth in TMC 8-8-15.
(1162-CS, Added, 02/23/2012)
8-8-05 Permits: Applications: Form.
The application for a permit shall be made in writing and in duplicate, upon forms provided by the City, and shall be filed with the Building Official at least fourteen (14) days prior to the date the building is to be moved. The Building Official shall transmit one copy to the City Engineer.
(1162-CS, Added, 02/23/2012)
8-8-06 Permits: Applications: Contents.
The application for a permit issued pursuant to the provisions of this chapter shall set forth:
(a) The reason for the moving of the building; a description of the building to be moved, including the construction materials, dimensions, number of rooms, and condition of the exterior and interior;
(b) The proposed improvements to be made to the structure, if any; the proposed improvements to be made to the property, if any; and the street address from which the building is to be moved;
(c) A legal description and street address, if any, of the lot to which such building is to be moved;
(d) A site plan indicating the proposed location of the structure on the lot and the proposed improvements, if any, if such lot is inside the City;
(e) The highways, streets, and alleys of the City over, along, or across which the applicant proposes to move the building;
(f) The proposed moving date and hours;
(g) Whether the building conforms to the zoning laws for the area to which it is to be moved; and
(h) A description of the moving equipment, such as the weight, weight distribution to the wheels of the carrying vehicle, and the like.
(1162-CS, Added, 02/23/2012)
8-8-07 Suspension or revocation of permits.
The City Engineer, at any time, for sufficient cause may revoke or suspend any permit granted pursuant to the provisions of this chapter.
(1162-CS, Added, 02/23/2012)
8-8-08 Control and supervision.
Every building which is moved on, over, or through any public street, way, or park in the City shall be under the control of the City Engineer, and every such building shall be moved in a careful manner, and the work shall be prosecuted with diligence and to the satisfaction and approval of the City Engineer. The provisions of this section in no way shall relieve the person having the charge of the moving of any building of his obligation to furnish proper supervision.
(1162-CS, Added, 02/23/2012)
8-8-09 Permits: Fees.
At the time of filing the application for a permit, fees established by resolution of the City Council shall be paid:
(a) For each building moved from a location inside or outside the City to another location outside the City over a route through the City; and
(b) For each building moved from a location inside or outside the City to another location inside the City, except that an accessory building not over four hundred (400) square feet in area may be moved in conjunction with the moving of a residence from the same location to the same location without paying an additional fee therefor.
(1162-CS, Added, 02/23/2012)
8-8-10 Permits: Bond or security.
Prior to the issuance of a permit to move a building, the owner of the property from which the building is to be moved, or his agent, shall file with the City Clerk a bond or other form of security in favor of the City conditioned as follows:
(a) To secure the faithful performance of all repairs and improvements required pursuant to the provisions of TMC 8-8-15 and the faithful performance of all other conditions imposed on the granting of such permit. In no case shall the amount be less than Two Thousand and no/100ths ($2,000.00) Dollars; and
(b) To insure payment to the City of any cost for damages or the destruction of City property or public improvements which may result from the granting of such permit.
(c) Before any work is started on a building or structure, the permittee or his authorized agent shall notify the appropriate utilities in order that all gas, water, and oil pipelines that are to be disconnected from the building may be securely capped and sealed.
(d) Immediately after the moving of any building or structure, the permittee or his authorized agent shall securely barricade all basement excavations and other holes or openings.
(e) Within ten (10) days after the moving of any building or structure, the permittee or his authorized agent shall complete the following work:
(1) Securely close and seal any sanitary piping located on the property;
(2) Fill with dirt or sand any septic tanks or cesspools located on the property;
(3) Fill any openings, excavations, or basement remaining on the land with dirt or sand to the street level or the natural level of the adjoining property unless otherwise directed by the City Engineer;
(4) Remove any buried underground tanks formerly used for the storage of flammable liquids as may be required by the Fire Department; and
(5) Remove all refuse, debris, and waste materials from the property.
The bond required by the provisions of this section shall be in an amount equal to the cost of the work proposed to be done as estimated by the City Engineer.
The bond may be in the form of a corporate surety bond, cash deposit, saving and loan certificate, or an instrument of credit.
An extension of time for the completion of the work required by the provisions of this section may be granted by the City Engineer when, in his discretion, circumstances justify such an extension, but no such extension shall release any bond or other security furnished pursuant to the provisions of this section.
(1162-CS, Added, 02/23/2012)
8-8-11 Insurance.
A policy or certificate of liability insurance shall be secured which shall name the City and its agents additional insured and which shall indemnify and save the City harmless from any and all claims, actions, demands, damages, or expenses whatever which may result from the operations of the applicant under the moving permit, if granted, or from the exercise of the privileges conferred upon him by the permit. Such liability insurance shall be in amounts not less than One Hundred Thousand and no/100ths ($100,000.00) Dollars for injuries, including wrongful death, to any one (1) person, in an amount not less than Three Hundred Thousand and no/100ths ($300,000.00) Dollars for injuries or death, and in an amount not less than Fifty Thousand and no/100ths ($50,000.00) Dollars for property damage on account of one (1) accident.
(1162-CS, Added, 02/23/2012)
8-8-12 Moving notices: Required.
Within five (5) days after the receipt of an application to move any building to a location inside the City, the Building Official shall cause a notice to be posted on the front and rear of the proposed location and on the front of the building proposed to be moved if the building is located inside the City.
(1162-CS, Added, 02/23/2012)
8-8-13 Moving notices: Form and content.
The moving notice required by the provisions of TMC 8-8-12 shall have a title in letters not less than one (1") inch in height, “MOVING NOTICE”; shall give the existing location of the house by street address and the name and address of the applicant requesting a permit to move such building; shall set forth the date of the posting; and shall state that protests may be filed with the Planning Commission within five (5) days after the date of the posting of such notice, excluding Saturdays, Sundays, and legal holidays.
(1162-CS, Added, 02/23/2012)
8-8-14 Protests: Referral to Planning Commission.
Any person shall have the right to file a protest against any building being moved to any location inside the City. Such protest shall be in writing, shall set forth the reasons for the protest and the name and address of the protestant, and shall be filed with the Building Official, who will forward it to the Planning Director.
(1162-CS, Added, 02/23/2012)
8-8-15 Improvements and repairs: Required in certain cases.
The Building Official may, or the Planning Commission may in all cases where a protest in writing has been received and a hearing has been held thereon, require an applicant to make such improvements and repairs to the building sought to be moved as, in the opinion of the Building Official or the Planning Commission, are required to achieve compatibility with existing structures in the area to which the building is to be moved. The applicant shall make a dedication of all streets, alleys, or ways of the City as shown on the adopted General Plan and any precise plan for properties adjacent to or in the vicinity of the property on which the building is to be moved, and all street improvements shall be installed, or a bond or security approved by the City covering the cost of such improvements shall be filed with the Building Official.
(1162-CS, Added, 02/23/2012)
8-8-16 Improvements and repairs: Time allowed for completion.
The time limit within which any improvements or repairs required by the provisions of this chapter shall be completed shall be written on the permit.
(1162-CS, Added, 02/23/2012)
8-8-17 Duties of persons in charge of moving buildings.
Every person in charge of the moving of any building or structure on or over the street of the City shall:
(a) Give at least thirty-six (36) hours’ written notice to any person responsible for moving or removing wires or the doing of other things necessary to permit the moving of the building over the route approved;
(b) Give thirty-six (36) hours’ written notice to the Police Chief and Fire Chief of the time and date of the moving and the route over which the building or structure is to be moved; and
(c) Maintain four (4") inch minimum, self-illuminated red lights at each corner of the building from one-half (1/2) hour after sunset until one-half (1/2) hour before sunrise while the building is en route.
(1162-CS, Added, 02/23/2012)
8-8-18 Exceptions.
The provisions of this chapter shall apply to all buildings moved in or into the incorporated limits of the City, except as follows:
(a) Temporary storage in transit. Buildings or structures may be moved to a location within the City for the temporary storage thereof for a period not to exceed thirty (30) days under the following terms and conditions:
(1) The permittee shall have a fixed place of business within the City and shall have obtained a business license from the City to engage in the business of moving buildings or structures.
(2) No such buildings or structures shall be stored at any location, or in any manner, or for the purpose of sale in violation of any laws or ordinances of the State or the City.
(3) Any temporary storage shall have endorsed thereon the location and the duration of such storage and any other conditions specified by the Building Official and under which such permit is granted.
(4) The fee for such permit shall be the same as is provided for a permit to move buildings or structures to a location outside the City; provided, however, if the buildings or structures are removed from a temporary storage place to a location inside the City, a new permit shall be obtained on the same terms and conditions as are applicable to the moving of a building from one (1) location inside the City to another location inside the City, including the payment of a fee established by resolution of the City Council for each building, less the amount of the fee previously paid by the permittee for the permit to move the buildings to such storage location.
(b) Temporary buildings. Whenever an application is filed for a permit to move a building or structure for use as a temporary construction office or tool storage building, agricultural building, or other temporary use inside or outside the City, the Building Official may, within his discretion, waive any or all of the provisions of this chapter as he shall deem reasonable under the circumstances.
(1162-CS, Added, 02/23/2012)