Chapter 16.16
MOVING BUILDINGS
Sections:
16.16.030 Permit – Application – Generally.
16.16.040 Permit – Application – Form.
16.16.050 Permit – Application – Contents.
16.16.060 Permit – Application – Assessment certificate accompanying.
16.16.070 Permit – Application – Ownership entitlement certificate accompanying.
16.16.080 Permit – Application – Insurance certificate accompanying.
16.16.090 Permit – Application – Performance bond or deposit accompanying.
16.16.100 Pre-move structural and equipment inspection.
16.16.110 Permit – Grounds for refusal.
16.16.120 Permit – Fees, deposits and insurance filed with the building department.
16.16.130 Designations of streets.
16.16.150 Enforcement agencies.
16.16.160 Permittee’s liability extent.
16.16.170 Violation – Penalty.
16.16.010 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section:
A. “Building” is that which is built or constructed, an edifice or structure of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
B. “Building inspector” is the building official, or his designated deputy. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.020 Permit – Required.
No person shall move any building over, along or across any highway, street, alley or lot in the city without first obtaining a permit from the building inspector. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.030 Permit – Application – Generally.
A person seeking issuance of a permit under this chapter shall file an application for such permit with the building inspector. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.040 Permit – Application – Form.
The application shall be made in writing, upon forms provided by the building inspector, and shall be filed in the office of the building inspector. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.050 Permit – Application – Contents.
The application shall set forth:
A. A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior;
B. A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city;
C. A legal description of the lot to which it is proposed such building be moved, giving lot, block and tract number, if located in the city;
D. The portion of the lot to be occupied by the building when moved;
E. The highways, streets, alleys or lots over, along or across which the building is proposed to be moved;
F. Proposed moving date and hours;
G. Any additional information which the building inspector finds necessary to a fair determination of whether a permit should be issued. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.060 Permit – Application – Assessment certificate accompanying.
The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all city assessments and any other city charges against the same are paid in full. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.070 Permit – Application – Ownership entitlement certificate accompanying.
The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that he is entitled to move the building. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.080 Permit – Application – Insurance certificate accompanying.
The applicant shall file with the building inspector a certificate stating that the city is included as an additional insured on the applicant’s protective public liability insurance, providing for a limit of not less than $500,000 for all damages arising out of bodily injuries to or death of one person in any one accident; $250,000 for two or more persons injured in any one accident, subject to $50,000 for each one; and shall also provide for property damage liability insurance providing for a limit of not less than $500,000 for all damages arising out of injury to or destruction of property in any one accident. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.090 Permit – Application – Performance bond or deposit accompanying.
The applicant shall also file a performance bond or certified check in 100 percent of the amount of the estimated cost of such removal or moving, alteration, repair, change, addition or rebuilding, as estimated by the building official or inspector; and such performance bond shall be conditioned upon the owner, resident or other individual securing such permit faithfully bringing the building or structure so moved and/or altered up to all standards as required by the building code and ordinances of the city, and shall further be conditioned upon the owner-applicant completing such work and complying with the building code and ordinances of the city within six months from the date such permit is granted. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.100 Pre-move structural and equipment inspection.
The building inspector shall inspect the building, whether located inside or outside the city limits, and the applicant’s equipment to determine whether the standards for issuance of a permit are met and a pre-move inspection fee shall be paid before the inspection is complete. (Ord. 2457 § 1 (Exh. A), 2010; Ord. 2401, 2008).
16.16.110 Permit – Grounds for refusal.
The building inspector shall refuse to issue a permit if he finds that:
A. Any application requirement or any fee or deposit requirement has not been complied with;
B. The building is too large to move without endangering persons or property in the city;
C. The building is in such a state of deterioration, disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city;
D. The building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the city;
E. The applicant’s equipment is unsafe and persons and property would be endangered by its use;
F. The zoning or other ordinances would be violated by the building in its new location;
G. For any other reason persons or property in the city would be endangered by the moving of the building. (Ord. 2401, 2008).
16.16.120 Permit – Fees, deposits and insurance filed with the building department.
A. Deposits. The building inspector shall deposit all fees and deposits and all insurance policies with the city clerk.
B. Return upon Nonissuance. Upon his refusal to issue a permit, the building inspector shall return to the applicant all insurance policies submitted. Permit fees filed with the application shall not be returned. (Ord. 2401, 2008).
16.16.130 Designations of streets.
The building inspector shall procure from the engineer’s department a list of designated streets over which the building may be moved. The building inspector shall have the list approved by the chief of police and shall reproduce the list upon the permit in writing. In making their determinations, the engineer’s department and the chief of police shall act to assure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets. (Ord. 2401, 2008).
16.16.140 Permittee’s duties.
Every permittee under this chapter shall:
A. Move a building only over streets designated for such use in the written permit;
B. Notify the building inspector in writing of a desired change in moving date and hours as proposed in the application;
C. Notify the building inspector in writing of any and all damage done to property belonging to the city within 24 hours after the damage or injury has occurred;
D. Cause red lights to be displayed during the nighttime on every side of the building, while standing on a street, in such a manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building;
E. Comply with the building code, the fire zone, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the city;
F. Pay the expense of a traffic officer if ordered by the building inspector to accompany the movement of the building to protect the public from injury;
G. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition;
H. See that the sewer line is plugged with a concrete stopper and the water shut off. Permittee shall notify the gas and electric service companies to remove their services. (Ord. 2401, 2008).
16.16.150 Enforcement agencies.
The building official, or his designee, pursuant to the provisions of Chapter 1.08 EMC, shall enforce and carry out the requirements of this chapter. (Ord. 2401, 2008).
16.16.160 Permittee’s liability extent.
The permittee shall be liable for any expense, damage or costs in excess of their insurance coverage, and the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. (Ord. 2401, 2008).
16.16.170 Violation – Penalty.
Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.08 EMC. (Ord. 2401, 2008).