Chapter 12.28
MOVING BUILDINGS
12.28.000 Chapter Contents
Sections:
12.28.010 License and permit required.
12.28.020 License--Application requirements and fee.
12.28.030 Permit--Application requirements and fee.
12.28.040 General provisions.
12.28.050 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
12.28.010 License and permit required
No person or persons, firm or corporation shall move any building or part of a building over, along or across any street, alley, or other public property within the city without first obtaining a valid house mover’s license as set forth in Section 12.28.020 and a permit from the public works office as set forth in Section 12.28.030 and shall comply with all other sections of this chapter.
(Ord. 3068 §1, 1958).
12.28.020 License –Application requirements and fee
Applications for a house mover’s license shall be accompanied by the following:
A. A policy of public liability and property damage, or approved certificate thereof, issued by a responsible insurance company, authorized to do business under the laws of the state. The policy shall insure the permittee and shall inure to the benefit of any and all persons suffering loss or damage either to person or property by reason of any operations of the mover. The policy shall also contain a clause or special endorsement indemnifying and saving harmless the city against any loss, damage, cost and/or expenses which may in any way accrue against the city in consequence of the granting of the permit for moving any building. Such policy shall insure against loss from the liability imposed by law for injury to, or death of, any person in the amount or limit of twenty-five thousand dollars as to any one claim and fifty thousand dollars for all claims arising from any one accident, and against claims for property damage in the amount or limit of fifteen thousand dollars.
B. A bond in the penal sum of one thousand dollars issued by a surety company authorized to do business in the state, or cash security in such sum, the bond or security to be approved by the city attorney and to be kept on file by the city clerk-treasurer at the city hall and to be conditioned that in the relocation and reestablishment of any building that is to be moved the principal will make and complete such relocation and reestablishment in accordance with plans and specifications submitted with application for permit and in accordance with the provisions of all applicable city ordinances and that in case the principal fails to make and complete such relocation and reestablishment within the time limit set forth in subsection C of Section 12.28.040 then the surety upon such bond will be liable to the city of Olympia in a sum not exceeding one thousand dollars and if cash security be deposited in lieu of a surety bond then the commission may demand forfeit of such deposit.
C. An annual license fee as set forth in Title 4 of this code shall be paid to the clerk-treasurer in advance on the first day of January each year; provided, however, that licenses applied for within the last six months of the year by any person, firm or corporation not in business prior to the last day of the sixth month may be issued for a fee of fifty percent of the annual fee. If any person, firm or corporation, not holding a valid house mover’s license issued by the city desires to move any building or structure from outside the boundary of the city through any portion of the city to another area outside the city limits, a temporary license may be issued for one-half the annual license fee. This temporary license will be valid only for the duration of the one move. Issuance of a temporary license does not relieve the licensee from the responsibility of conforming to all the provisions of this chapter.
In addition to the above, an additional sum as set forth in Title 4 of this code shall be assessed for any new license issued under this chapter for the initial first year thereof. This assessment is necessary to defray the initial administrative costs in reviewing an initial application and issuance of a license therefor.
(Ord. 5126 §6, 1990; Ord. 4753 §12, 1987; Ord. 3068 §2, 1958).
12.28.030 Permit –Application requirements and fee
No building shall be moved over, along or across any street, alley or public property without first obtaining a permit to do so from the office of public works. Applicants for permits must conform to the following requirements:
A. A written application for such permit shall be filed with the commissioner of public works at least seven days before the date on which the person, firm or corporation filing the application, proposes or intends to move the building or portion thereof, and the application shall include the following information:
1. Name and address of the owner of the building;
2. Present location of building;
3. Proposed location of building with plot plan;
4. Legal description of new location and zone designation;
5. Type of building, approximate age, width, length and height when loaded for moving;
6. The use or purpose for which building was designed;
7. The proposed use or occupancy of building;
8. Name and address of the person, firm or corporation engaged to move the building;
9. The means or manner in which the building is to be moved and the type of equipment used therefor;
10. The route over or along which the building is to be moved;
11. The time that will be required to move the building, including the day and hour when any part will enter any street and the approximate date and hour when every part of the building will be off of public rights-of-way, and the approximate time that will be required to complete the reestablishment and relocation of the building on its new site;
12. Such other information as the commissioner of public works may deem necessary.
B. There shall be attached to the application signed statements from each person, firm or corporation owning or operating any public utility maintaining any wires, conduits, cables, poles, or other appliances, or appurtenances thereto, along, over or across any street, alley or highway along the route over which the building or structure is to be moved, which statement shall state that the moving of such building will not molest, damage, or interfere with, or interrupt the service of any such wires, conduits, cables, poles, or other appliances, or appurtenances, or that the applicant has made appropriate arrangements for clearing the same at the time the building is to be moved. In case any building is to be moved over, across or along any railroad tracks laid in any street a similar statement from the railway company, or its authorized agent, shall be furnished.
C. No permit will be issued until the application therefor is approved by the chief of police, fire chief, city electrician, traffic engineer, city engineer and building inspector.
D. No permit shall be issued to move any building to a new location within the corporate limits of the city which is so constructed or is 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, or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable damage to or be materially detrimental to the property or improvements in the district within the immediate vicinity of the proposed new location; or if the proposed use is prohibited by the zoning laws of this city; or if the applicant is in default in paying any damages occasioned in moving any building; or if the structure is of a type prohibited at the proposed location, by any law or ordinance of the city; provided, however, that if the condition of the building or structure, in the judgment of the commissioner of public works or his authorized representative admits of practicable and effective repair, the permit may be issued upon terms and conditions set forth by the commissioner of public works.
E. All buildings or structures to be moved into, through or outside the city limits, in addition to conforming with all the provisions of this code, will adhere strictly to all applicable state laws.
F. Before a permit is issued to move any building or structure outside the city a clearance from the jurisdictional authority of governmental unit controlling access to and from the corporate limits of the city shall be furnished by the mover. The clearance shall state that all arrangements have been made to complete such move through the area.
G. The public works director is authorized and empowered to issue such permit upon compliance by such applicant with the provisions of this chapter and upon payment of a fee as set forth in Title 4 of this code.
(Ord. 5126 §7, 1990; Ord. 3068 §3, 1958).
12.28.040 General provisions
All buildings to be moved for which a permit has been issued shall comply to the following general provisions in addition to all other requirements of this chapter.
A. After a building or any part thereof extends over or into or is upon any part of any street, alley or highway by virtue of the moving thereof, the person, firm or corporation moving the same shall diligently and continuously employ himself, his, their or its agents, employees and facilities in the moving of such buildings until the same reaches its destination or is moved from any and all streets, alleys or highways, and, except when the mover has the permission of the commissioner of public works, it is unlawful for any such mover to leave standing or abandon the moving of such building while the same or any part thereof is in or upon any part of any street, alley or highway.
B. The mover shall provide such barricades, lights, flares and traffic officers as deemed necessary by the chief of police or his designated representative to safeguard the traffic and persons using the street.
C. All buildings moved into a zone more restrictive than its original location shall be made to conform with the requirements of the more restrictive zone.
D. Upon completion of the moving of the building, the owner shall proceed immediately to bring the building into compliance with all requirements of the zoning provisions, Chapter 16.32 and those portions of Chapters 16.04, 16.20, and 16.24 as outlined by the commissioner of public works or his authorized representative and all such work shall be completed within three months from the date of the moving permit. The owner of the building shall secure all necessary permits for required work prior to commencement of reestablishment.
(Ord. 4166 §1, 1979; Ord. 3068 §4, 1958).
12.28.050 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §32, 2001).