Chapter 15.05
MOVING BUILDINGS
Sections:
15.05.020 Consent of property owners required.
15.05.040 Revocation of permit.
15.05.060 Building on streets declared nuisance – Penalty.
15.05.070 Overhead wires and cables.
15.05.080 Violation – Penalty.
15.05.010 Damaged buildings.
No wooden or metal building which has been damaged to an extent greater than 50 percent of its original value by fire, wear and tear, action of the elements, or otherwise shall be moved across, over, along, or through any of the public streets, alleys, thoroughfares, highways, or upon the sidewalks of the city of Burns; provided, however, that no other ordinance of the city of Burns conflicting, buildings not of the percentage of newness hereinabove stated may be moved from one part of a lot to another part of the same lot, or from one lot to another, when the same is owned by the same person and where said building or buildings are to be removed or moved without crossing any street, alley, thoroughfare, highway, or any sidewalk, or the property of any person or persons, other than the owner of the lot from which the building is to be removed. [Ord. 213 § 1, 1927]
15.05.020 Consent of property owners required.
Any person desiring to move a wooden or metal building or structure shall first obtain the written consent of the owner or owners of a majority of the frontage of lots on the same side of the block in which it is proposed to locate such removed building or structure and, also, a majority of persons owning the frontage opposite the proposed location and within 200 feet of the same. And such person shall, also, file an affidavit, subscribed and sworn to by one or more persons, in the following form, as near as may be, viz:
State of Oregon )
County of Harney ) ss.
I, ___________ and I, ___________, each being duly sworn on oath, depose and say, each for myself: I was present and saw the persons whose names are subscribed to the above petition sign the same and that each and every one of the said persons claimed, at the time of his signature, that he was the owner of the property placed opposite his respective name in the above petition, or the attorney or agent of the owner, with full authority to sign and act for him.
_______________________________
_______________________________
Subscribed and sworn to before me this ______ day of _______, 20___.
___________________________
Notary public for Oregon
My commission expires ______________ (Notarial seal)
[Ord. 213 § 2, 1927]
15.05.030 License required.
No person except a licensed house mover shall remove any building or structure within the limits of the city of Burns; and every person shall, annually, before engaging in such occupation, obtain a license therefor from the city; and no such license shall be granted until the party applying therefor shall have given a bond in the sum of $250.00 with good and sufficient sureties to be approved by the mayor (one surety sufficient if it be a corporate surety company), conditioned among other things that said party will pay any and all damages which may happen to any pavement, street, alley, thoroughfare or highway, sidewalk, hydrant, or to any telephone, telegraph, electric light, or power pole or wire or cable belonging to the said city or to any person, persons, or corporation, or to any tree or trees, whether said damage or injury shall be inflicted by said party or his agents, employees, or workmen and conditioned, also, that said party will save and indemnify and keep harmless the city of Burns against all judgments, liabilities, costs, and expenses which may in anywise accrue against said city in consequence of the granting of such permit or license and will, in all things, strictly comply with the conditions of the permit.
Upon the execution of said bond and its approval by the mayor, a license shall be issued and the said licensed person shall, in each and every instance, before removing any building or structure obtain a permit so to do from the city marshal and shall deposit with the city treasurer the sum of $20.00, $1.00 of which shall be in payment of fee for permit, and the balance of which shall be in guarantee of the cost of assistance given by any public service company or utility in work on poles and wires along the course of the moving, and which balance shall be repaid to the permittee upon his presentation to the city treasurer of receipts showing said work has been paid for in full and, upon the said deposit and payment of fee to the city, said city marshal shall issue a permit, stating specifically all the conditions, describing the route to be taken, and limiting the time of removal; provided, however, that no permit shall carry the right to interfere with any wires whatsoever other than between the hours of 9:00 forenoon and 3:00 afternoon on weekdays; and the city marshal, before outlining the route to be taken; shall seek the advice of the parties owning the wires to be crossed so as to obviate, as much as can be done, interference with service to the public; and it is further provided that the route designated shall not cross or interfere with any cable or cables of any public utility; provided, that such cable or cables are 24 feet clear of the ground. [Ord. 213 § 3, 1927]
15.05.040 Revocation of permit.
If work upon any building or structure shall be conducted in violation of any of the provisions of this chapter or any other ordinance of the city of Burns, either as to occupation of sidewalk, street, alley, thoroughfare, or highway, or the use or application of material or workmanship, it shall be the duty of the city marshal to revoke the permit for the building operations in connection with which such violation has taken place, and it shall be unlawful, after the revocation of such permit, to proceed with such building operations unless such permit shall first have been reinstated or reissued by the city marshal.
Before a permit, revoked for the cause or causes before mentioned, can be lawfully reissued or reinstated, the entire building and building site must be first put into condition corresponding to the condition prior to the time of the commencement of operations, and any work or material applied to the same, either in attempted betterment or in change, shall be first removed from said building. [Ord. 213 § 4, 1927]
15.05.050 Lighting required.
Any person having the use of any portion of any street, alley, thoroughfare, highway, or sidewalk of the city of Burns for the purpose of removing or moving any building or structure shall cause two red lights to be placed in a conspicuous place at each the front and the rear of such obstruction, and at either side of the same, from dusk until sunrise in the morning, each night during the time such obstruction remains. [Ord. 213 § 5, 1927]
15.05.060 Building on streets declared nuisance – Penalty.
The owner of any building or structure or the contractor for its removal, either or both, who shall suffer the same to be or remain in or on any of the streets, alleys, thoroughfares, highways, or sidewalks, or upon any of the public grounds of the city, for any longer than may be specified in the permit of the city marshal, shall be subject to a penalty of $5.00 and a like penalty for every 24 hours the same shall be continued, and such building or structure shall be deemed a nuisance. [Ord. 213 § 6, 1927]
15.05.070 Overhead wires and cables.
Upon the granting of any permit as hereinabove stated, the permittee shall forthwith give written notice to any and all owners of overhead wires and cables along the course of the proposed operations of the course of the same and shall further give 24 hours’ written notice prior to the time that the building or structure being moved is to cross any of said wires or cables, to the end that such owner may make provision for raising, cutting, or removing said wires so as to clear the way for the removal of any building or structure for which a permit has been issued, and the expense to the owner of such wires shall be paid for by the permittee, at actual cost, within 12 hours after said work has been done by said wire owner. Notices, as above stated, having been given, should the owner of such wires neglect to have workmen present to attend to the cutting, raising, or removal, the permittee may then raise, cut, or remove the same, cables excepted. [Ord. 213 § 7, 1927]
15.05.080 Violation – Penalty.
Any violation of this chapter shall be punishable by a fine of not less than $10.00 or more than $25.00, to be recovered in the city clerk’s court. [Ord. 213 § 8, 1927]