Chapter 15.48
MOVING OF BUILDINGS
Sections:
15.48.030 Permit – Applications.
15.48.040 Deposit for City expenses.
15.48.050 Bond – Indemnification of City.
15.48.060 Building Inspector duties.
15.48.080 Enforcement of provisions.
15.48.010 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section.
A. “Building” means a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes.
B. “Building Inspector” means the Building Inspector of the City. [1956 Code § 9-601, § 1.]
15.48.020 Permit – Required.
No person shall move any building over, along or across any highway, street or alley in the City without first obtaining a permit from the Building Inspector. [1956 Code § 9-601, § 2.]
15.48.030 Permit – Applications.
A. A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector.
B. 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.
C. The application shall set forth the following:
1. A description of the building proposed to be moved, giving street 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 the lot, block and tract number, if located in the City;
3. A legal description of the lot to which it is proposed such building is to be moved, giving lot, block and tract number, if located in the City;
4. The portion of the lot to be occupied by the building when moved;
5. The highways, streets and alleys 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 Inspector finds necessary to a fair determination of whether a permit should be issued.
D. The application shall be accompanied by the following:
1. Tax Certificate. 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 encumbrances and that all taxes and any 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.
E. The application shall be accompanied by a permit fee in the amount of $75.00. [Ord. 1792 § 1, 1992; 1956 Code § 9-601, § 3.]
15.48.040 Deposit for City expenses.
Upon receipt of an application, it shall be the duty of the Building Inspector to procure an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging on City streets or alleys or any other property of the City, the removal and replacement of which will be required by reason of the moving of the building through the City, together with the costs of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit, the Building Inspector shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense. [1956 Code § 9-601, § 4.]
15.48.050 Bond – Indemnification of City.
Every permittee shall at all times indemnify the City and shall at all times keep and save harmless the City from all liability in respect to any and all claims, judgments, costs, damages and any and all expenses of whatever kind in connection therewith arising out of or resulting from the removal of any building over, along or across any street or public property in the City; and, to that end, but not in limitation thereof, the permittee agrees to procure and continuously maintain in effect a policy of public liability and property damage insurance, or a bond, in the amount of $10,000 and approved as to form by the City Attorney, with the premiums therefor paid by the permittee. [1956 Code § 9-601, § 5.]
15.48.060 Building Inspector duties.
A. The Building Inspector shall inspect the building and the applicant’s equipment to determine whether the standards for issuance of a permit are met.
B. The Building Inspector shall refuse to issue a permit if he finds the following:
1. Any application requirement or any fee or deposit requirement has not been complied with;
2. The building is too large to remove without endangering persons or property in the City;
3. 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 and property in the City;
4. The building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City;
5. The applicant’s equipment is unsafe or inadequate and that persons and property would be endangered by its use;
6. Zoning or other ordinances would be violated by the building in its new location;
7. For any other reason persons or property in the City would be endangered by the moving of the building.
C. The Building Inspector shall deposit all fees and deposits, and all bonds or insurance policies with the City Treasurer.
D. Upon his refusal to issue a permit, the Building Inspector shall return to the applicant all deposits, bonds, and insurance policies. Permit fees filed with the application shall not be returned.
E. After the building has been removed, the Building Inspector shall furnish the City Manager with a written statement of all expenses incurred in removing and replacing all property belonging to the City and of all material used in the making and removal and replacement together with a statement of all damage caused to or inflicted upon property belonging to the City. The City Manager shall authorize the Building Inspector to return to the applicant all deposits after the City Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the City by reason of the removal of the building. Permit fees deposited with the application shall not be refunded.
F. The Building Inspector shall procure from the Street Superintendent a list of designated streets over which the buildings may be moved. The Building Inspector shall have the list approved by the Chief of Police and shall reproduce that list upon the permit in writing. In making their determinations, the Street Superintendent and 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. [1956 Code § 9-601, § 6.]
15.48.070 Permittee duties.
Every permittee under this chapter shall comply with the following:
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 Inspector in writing of a desired change in moving date and hours as proposed in the application;
C. Notify of Damage. 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. Display Lights. 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 a manner as to protect the public from damage or injury by reason of the removal of the buildings;
E. Street Occupancy Period. Remove the building from the City streets after four days of such occupancy, unless an extension is granted by the Building Inspector;
F. Comply with the Governing Law. Comply with the building code, the fire code, and zoning ordinance and all other applicable ordinances and laws upon relocating the building in the City;
G. Pay Expense of Officer. Pay the expense of a traffic officer ordered by the Building Inspector to accompany the movement of the building to protect the public from injury;
H. Clear Old Premises. Immediately 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;
I. Remove Service Connections. See that sewer line is plugged with a concrete stopper, the water shut off, and the meter returned to the City water office; permittee shall notify the gas and electric service companies to remove their services. [1956 Code § 9-601, § 7.]
15.48.080 Enforcement of provisions.
A. The Building Inspector, the Police Department and the Street Superintendent, under the supervision of the City Manager, shall enforce and carry out the requirements of this chapter.
B. The permittee shall be liable for any expense or damages for costs in excess of deposited amounts or securities, 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. The City shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the general deposit. [1956 Code § 9-601, § 8.]