Chapter 15.12
MOVING BUILDINGS
Sections:
15.12.010 Permit – When required.
15.12.020 Permit – Application.
15.12.040 Construction and use requirements.
15.12.060 Utility installations along route.
15.12.090 Permit – Conditions.
15.12.110 Equipment requirements.
15.12.140 Movement on state highways.
15.12.150 Permit – Revocation.
15.12.160 Violation – Penalty – Alternative remedies.
15.12.010 Permit – When required.
A building that exceeds eight feet in width or, as loaded for moving, extends upward more than 13.5 feet from the ground, may be moved across or along a public thoroughfare of the city only in accordance with a permit applied for and issued in accordance with this chapter. (Ord. 78-40 § 1)
15.12.015 Permit exemption.
A moving permit is not required under this chapter if the transporter or owner has obtained a trip permit for moving a manufactured structure pursuant to ORS Chapter 446 from the Lincoln County assessor or the Oregon Department of Consumer and Business Services and the structure will not be placed in the city limits. (Ord. 2013-13 § 1)
15.12.020 Permit – Application.
An application for a permit so to move a building may be submitted to the building official and shall state the following information:
A. The name and address of the owner of the building or structure;
B. The location of the building before moving;
C. The location where the building is proposed to be set or reestablished;
D. The type, age, width, length and height of the building;
E. The use or purpose for which the building was designed;
F. The use or occupancy to be made of the building at its new location;
G. The name and address of the person, firm or corporation engaged to move the building;
H. The means or manner the building is to be moved and type of equipment to be used therefor;
I. The route over and along which the building is to be moved;
J. The date and time when such moving is to commence, and the time that will be required to move the building;
K. Such other information as the building official may deem necessary.
NOTE: Information specified in subsections (E) and (F) of this section need not be supplied for a building to be moved outside the city. (Ord. 78-40 § 2)
15.12.030 Permit – Fees.
A mandatory processing fee shall be submitted with the application for a permit. The fee shall be periodically established by resolution of the city council, except that the initial fee shall be $250.00. Fees set by resolution shall be designed to recover the actual cost of processing the application. (Ord. 2013-13 § 2; Ord. 78-40 § 3)
15.12.040 Construction and use requirements.
A. Requirements.
1. The use for which the building was designed and intended shall be in keeping with the zone or district into which the building is moved.
2. The building shall meet all the requirements of the city, and of State Building, Fire, Electrical and Sanitation Codes.
3. The expected usable life of the building after moving shall be not more than 50 percent expended.
4. The building or structure shall be in keeping with and not detrimental to the character and welfare of the area into which it is moved.
B. Plans and Specifications. To ensure that the structure to be moved will meet the requirements of the State Building Code, plans and specifications shall be filed with the building department before a moving permit is issued. Plans shall show the reconstruction and remodeling and include the plumbing and wiring necessary to meet the requirements of the State Plumbing and Electrical Codes. (Ord. 78-40 § 4)
15.12.050 Inspection.
After receiving the application, the building inspector shall inspect the building, the new site proposed for it, and the route proposed for moving it. (Ord. 78-40 § 5)
15.12.060 Utility installations along route.
The permit shall not be issued unless the applicant therefor submits statements from the owners of the electric wires and poles and other utility installations along the route on which the building is to be moved:
A. That the moving will not interfere with or endanger the installations; or
B. That the applicant has made arrangements to the satisfaction of the owners for protecting the installations, paying for whatever damage the moving causes them, and reimbursing the owners for whatever removal and reinstallation of the installations the moving necessitates. (Ord. 78-40 § 6)
15.12.070 Performance bond.
A. The permit shall not be issued until the applicant furnishes the city a performance bond executed by the applicant and a surety company authorized to do business in this state and approved as to form and amount by the city attorney. The amount of the bond shall not be less than $7,500. The bond shall guarantee that the applicant will:
1. Conform to all requirements imposed by the city relating to the moving of the building; and
2. Promptly repair and make good to the satisfaction of the city any damage to pavement, curbs, sidewalks, hydrants, sewers, water lines, traffic control devices, streets, alleys, or any other public or private property done or caused by the applicant, the applicant’s agents or employees in moving a building; and
3. Within six months after the permit is granted, if the relocated building will be relocated within the city limits, the relocated building is required to be ready for occupancy and use in accordance with the building and zoning regulation of the city in effect at the time the permit is issued.
B. Notwithstanding the requirement for a performance bond, an alternate form of financial security (e.g., letter of credit) may be substituted for the performance bond if the alternate security instrument is approved by the city finance director and city attorney. (Ord. 2013-13 § 3; Ord. 78-40 § 7)
15.12.080 Permit – Issuance.
The building official shall issue such permit applied for if:
A. The application therefor complies with the requirements of this chapter;
B. The moving can be accomplished without damage to property or, in case of such damage, it is consented to by the owner of the property or is to be paid for to his satisfaction;
C. The building at its new site will conform to the land use requirements of the city; and
D. The building at its new site is not detrimental to the attractiveness and welfare of the neighborhood in which the site is situated. (Ord. 78-40 § 8)
15.12.090 Permit – Conditions.
The permit shall specify:
A. The route for moving the building;
B. The time within which the moving is to be completed; and
C. Whatever additional conditions the building official deems necessary to minimize the obstruction of traffic, protect property and protect the public safety. (Ord. 78-40 § 9)
15.12.100 Liability.
The permit shall not constitute an authorization for damaging property. The permit shall constitute no defense against whatever liability the permittee incurs for personal injury or property damage caused by the moving. (Ord. 78-40 § 10)
15.12.110 Equipment requirements.
Equipment used to move buildings along or across the public thoroughfare of the city shall be equipped with pneumatic tires, which shall be the only part of the equipment to come in contact with the surfaces of the thoroughfares, except planking as required by the building official. The building official may require the permittee to proceed on planking of whatever dimensions the inspector specifies, at whatever places he deems planking necessary to prevent damage to a thoroughfare or other property damage. (Ord. 78-40 § 11)
15.12.120 Continuity of move.
Once a building has been moved into a public thoroughfare pursuant to a permit authorized by this chapter, the party moving the building shall continue with the moving project without interruption until it is completed, except as the permit for the moving or the building official specifically allows to the contrary. (Ord. 78-40 § 12)
15.12.130 Litter.
A party moving a building pursuant to a permit authorized by this chapter shall promptly remove from public thoroughfare and private property all litter produced by the moving. (Ord. 78-40 § 13)
15.12.140 Movement on state highways.
The building official may waive any and all of the requirements of this chapter regarding buildings to be moved through the city upon a state highway from and to points outside the city limits, if:
A. Such movement will be made pursuant to a permit issued by the appropriate state agency;
B. Notice of such proposed movement and a copy of the permit is submitted to the building official prior to the movement; and
C. The building official is satisfied that adequate precautions have been taken to protect the public safety and welfare. (Ord. 78-40 § 14)
15.12.150 Permit – Revocation.
A permit or license issued pursuant to this chapter may be summarily revoked in the event that the permittee or licensee violates any term of the permit or of this chapter. (Ord. 78-40 § 15)
15.12.160 Violation – Penalty – Alternative remedies.
A. A violation of any provision or requirement of this chapter, including but not limited to the failure of the owner or building mover to obtain a permit, or the violation of any permit term, condition or requirement, is unlawful and an offense against the city and shall be enforced as a Class B violation under Chapter 1.16 LCMC.
B. Notwithstanding the above, any violation of a provision or requirement of this chapter, including permit terms, conditions and requirements, which causes damage to public or private property shall be a Class B violation and shall also require full restitution for all damages caused by the violation.
C. Each day’s violation of a provision of this chapter constitutes a separate offense.
D. Nothing in this chapter shall prohibit the criminal prosecution of violators who cause damage to public or private property, nor shall any provision of this chapter restrict the city from pursuing any other available alternative legal remedy. (Ord. 2015-10 §§ 5, 6; Ord. 2013-13 § 4; Ord. 82-22 § 5; Ord. 78-40 § 16)