Chapter 12.21
MOVING BUILDINGS
Sections:
12.21.010 Permit required—Inspection of certain structures.
12.21.040 Standards of issuance.
12.21.050 Business registration.
12.21.060 Liability insurance.
12.21.070 Indemnity bond to be filed.
12.21.080 Designated streets for removal.
12.21.110 Building code compliance.
12.21.010 Permit required—Inspection of certain structures.
A. No building, manufactured home or portion of any building or manufactured home shall be moved over, along, or across any street or alley of the city unless the person moving such building, manufactured home, or portion of any building or manufactured home shall have previously secured a permit therefor from the building official.
B. Any person moving a building, manufactured home or portion of any building or manufactured home must have a current valid business license issued by the city of Prosser before the building official may issue any permit authorized by subsection A of this section.
C. Any person moving a building, manufactured home or portion of any building or manufactured home must provide the city of Prosser with an indemnity bond in accordance with Section 12.21.070 before the building official may issue any permit authorized by subsection A of this section.
D. The building official may not issue a permit to move a manufactured home constructed prior to June 15, 1976, from one location in the city of Prosser to another location in the city of Prosser or from a location outside of the city of Prosser to a location inside the city of Prosser until the building official is provided with proof that the manufactured home has passed a life safety inspection by the State of Washington Department of Labor and Industries. Manufactured homes that are relocated due to either the closure or conversion of a manufactured home park shall not be required by the building official to comply with the requirements of any applicable fire, safety, or construction code for the sole reason of its relocation unless the original occupancy classification of the building is changed as a result of the move or unless the manufactured home has been substantially remodeled or rehabilitated. For the purpose of determining whether a moved mobile home has been substantially remodeled or rebuilt, any cost relating to preparation for relocation or installation shall not be considered. Manufactured homes that are relocated due to either the closure or conversion of a manufactured home park must comply with all regulations applicable to any work performed in compliance with installation requirements.
E. No permit shall be required to move a building which is eight feet or less in width, forty feet or less in width and thirteen feet six inches or less in height (as measured from the ground after being placed on the moving apparatus).
F. When the term “manufactured home” is used in this section, it shall also mean “mobile home,” if applicable. (Ord. 2343 § 1, 2002: Ord. 2102 § 1 (part), 1999).
12.21.020 Permit application.
A person seeking issuance of a permit hereunder shall file an application for such permit with the building official.
A. Form. The application shall be made in writing, upon forms provided by the building official and shall be filed in the office of the building official.
B. Contents. The applications shall set forth:
1. A description of the building proposed to be moved, giving the street address number, construction materials, dimensions, number of rooms and condition of exterior and interior;
2. A legal description of the lot from which the building is to be moved, giving a lot, block and track number, if located in the city;
3. A legal description of the lot to which it is proposed such building be moved, giving a lot, block and tract number, if located in the city;
4. A diagram of the lot to be occupied by the building when moved with dimensions of the lot and the building and the location of the building on the lot;
5. The highways, streets, alleys or lots over, along or across which the building is proposed to be moved;
6. Proposed moving date and hours;
7. Any additional information which the building official shall find necessary to facilitate a fair determination of whether a permit should be issued.
C. Accompanying Papers. The following certificates shall accompany the application:
1. Assessment Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and the 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.
2. Certificate of Ownership or Entitlement. 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.
3. County or Other City Approval. If the building is to be moved outside the city limits, the applicant shall file a letter from the county or city in which the building is to be relocated approving the relocation.
4. Provide proof that all utility companies and appropriate franchisees have been notified, approve the moving route and have or will temporarily move any wires or other impediments along such route. (Ord. 2102 § 1 (part), 1999).
12.21.030 Fee schedule.
Fees shall be paid in accordance with Chapter 20.10. (Ord. 2613 § 1, 2008: Ord. 2102 § 1 (part), 1999).
12.21.040 Standards of issuance.
The building official shall refuse to issue a permit, if it is found:
A. That any application requirement or any fee or deposit requirement has not been complied with;
B. That the building is too large to move without endangering persons or property in the city;
C. That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons or property in the city;
D. That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the city;
E. That the applicants equipment is unsafe and that persons and property would be endangered by its use;
F. That zoning or other ordinances would be violated by the building in its new location;
G. That for any other reason persons or property in the city would be endangered by the moving of buildings. (Ord. 2102 § 1 (part), 1999).
12.21.050 Business registration.
No person or persons shall undertake to move a building within the city without first obtaining a business registration issued by the city in accordance with Chapter 5.04. (Ord. 2102 § 1 (part), 1999).
12.21.060 Liability insurance.
A. The applicant shall file with the city clerk a certificate of insurance or a copy of the insurance policy showing that the applicant has in full force and effect limits of not less than:
1. Bodily injury to one person, one hundred thousand dollars;
2. Bodily injury to more than one person, three hundred thousand dollars;
3. Property damage suffered by one person, firm or corporation, including the city, one hundred thousand dollars;
4. Property damage suffered by more than one person, firm or corporation, including the city, three hundred thousand dollars;
B. There shall also accompany the certificate or copy of the insurance policy a covenant on the part of the insurer that the insurance coverage will not be canceled or lapsed for a period of thirty days following written notice given by the insurer to the city clerk. (Ord. 2102 § 1 (part), 1999).
12.21.070 Indemnity bond to be filed.
It is unlawful for any person, firm or corporation to undertake to move the building or part thereof on the streets or alleys of the city unless and until he or it has first filed an indemnity bond with the city clerk, to be approved by the city attorney as to form in the amount of five thousand dollars, indemnifying the city against any and all damage to the streets, sidewalks, gutters and other property of the city, and against any and all damages and claims for damages arising, directly or indirectly, as the result of the alleged carelessness or negligence of any person, firm or corporation moving such building, his or its agents or employees, and city officers or employees; providing, however, that any contractor, or any person, firm or corporation having procured a business registration as hereinbefore provided may file a general bond to cover any and all jobs of building moving, over which he or it has supervision, and indemnifying the city as hereinbefore set forth, which bond shall be good for the period of the license and not to exceed one year, and in the event such general bond is on file, such building mover shall not be required to furnish any other or further bond unless a claim has been filed or suit instituted against the city as a result of the alleged negligence or carelessness of such building mover, in which event such building mover shall be required to file an additional indemnifying bond so that at all times the city is protected by an indemnifying bond in the amount of five thousand dollars over and above the amount of any and all claims filed or legal actions instituted against the city on account of alleged negligence of such building mover, his or its agents or employees, and city officers or employees. (Ord. 2102 § 1 (part), 1999).
12.21.080 Designated streets for removal.
The building official shall procure from the public works director a list of designated streets over which the building may be moved. The building official shall have the list approved by the chief of police. In making their determinations, the public works director and the chief of police shall act to insure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets. (Ord. 2102 § 1 (part), 1999).
12.21.090 Permittee duties.
Every permittee under this chapter shall:
A. Use Designated Streets. Move a building only over streets designated for such use in the written permit;
B. Notify of Revised Moving Time. Notify the building official in writing of a desired change in moving date and hours as proposed in the application;
C. Notify of Damage. Notify the building official in writing of any and all damage done to property belonging to the city within twenty-four hours after the damage or injury has occurred;
D. Display Lights. Cause red light to be displayed during the night on every side of the building while standing on 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 Governing Law. To comply with the building code, the fire code, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the city;
F. Pay Expense of Officer. Pay the expense of a traffic officer if ordered by the building official to accompany the movement of the building to protect the public from injury;
G. Clear Old Premises. 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. Remove Service Connections. See that all utilities, including water, sewer, gas and electricity, are properly disconnected and sealed. The permittee shall notify the gas and electric service companies to remove their services. (Ord. 2102 § 1 (part), 1999).
12.21.100 Enforcement.
A. Enforcing Officers. The building official shall enforce and carry out requirements of this chapter.
B. Permittee Liable for Expense Above Insurance Coverage. The permittee shall be liable for any expense, damage or costs in excess of his 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.
C. Original Premises Left Unsafe. After ten days’ notice, the city shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition where permittee does not comply with the requirements in this chapter, and the cost thereof shall be charged against the general deposit. (Ord. 2102 § 1 (part), 1999).
12.21.110 Building code compliance.
The owner shall file, at time of application, sufficient plans indicating the building will comply with all the current building, mechanical, plumbing, electrical and fire codes as adopted by the city. The plans shall contain at least the following information:
A. A detailed plot plan drawn at a scale of one inch equals twenty feet showing the location of the house on the proposed new site, distance to side yards, off-street parking in compliance with city codes, all other buildings on such site, north direction indicator, scale, address and legal property description;
B. A dimensioned foundation plan drawn at a scale of one-fourth inch equals one foot showing locations and size of footings and foundation walls, size and spacing and direction of floor joists, girders, etc.;
C. A floor plan drawn at a scale of one-fourth inch equals one foot showing location of all partitions, plumbing fixtures, doors, size and location windows, water heaters and heating unit;
D. A structural cross-section showing the size and spacing of all trusses, rafters, joists and other structural members, roof sheathing, sub-floor and wall and partition construction. (Ord. 2102 § 1 (part), 1999).
12.21.120 General provisions.
All buildings to be moved for which a permit has been issued shall comply with the following general provisions in addition to all other requirements of this chapter:
A. All existing buildings, when relocated to a new site, shall be made to comply with the current building, mechanical, plumbing, electrical and fire code as adopted by the city, prior to occupancy;
B. Upon completion of the moving of the building, the owner shall proceed immediately to bring the building into compliance with the plans as approved by the building official for the building, all requirements of the zoning ordinance, fire code, building code, mechanical code, plumbing code, electrical code as adopted by the city, and all such work shall be completed within ninety days from the issuance date of the building relocation permit. The owner of such building shall secure all necessary permits for required work prior to commencement of removing such building from its original site;
C. Prior to the moving of the building across, along or through any public right-of-way, all windows and doors shall be secured and all chimneys, antennas or other appurtenances which protrude from the structure shall be removed, so as to prevent accidental injury or damage to persons and property in the path of travel. (Ord. 2102 § 1 (part), 1999).
12.21.130 Appeal.
Should the permittee be in disagreement with the building official in regards to the above listed refusal or expenses, then the permittee may appeal such refusal or calculation of expenses to the city council of the city. Such appeal must be filed with the city clerk within fifteen days of the date of notification by the building official of the refusal or calculation of expenses. Upon receipt of the appeal, the city clerk shall cause the matter to be brought before the city council for its review. (Ord. 2102 § 1 (part), 1999).
12.21.140 Penalties.
Any violation of Sections 12.21.010, 12.21.050, 12.21.070, 12.21.090, 12.21.110 or 12.21.120 is a misdemeanor and upon conviction shall be punished by a penalty not to exceed one thousand dollars and/or imprisonment not to exceed ninety days in jail. (Ord. 2102 § 1 (part), 1999).
12.21.900 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2613 § 2, 2008).