City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 91 of the 1984 Code. Amendments noted where applicable.]
CHARTER REFERENCES
Police Department — See Ch. 7, Sec. 7.9.
Department of Public Works — See Ch. 7, Sec. 7.11.
Public utility services — See Ch. 14.
GENERAL REFERENCES
Fees — See Ch. 133.

§ 91-1 Definitions;word usage.

A. 
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings ascribed to them:
BUILDING
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. A structure of less than 120 square feet and 15 feet in height shall not fall within this definition.
BUILDING OFFICIAL
The Building Official of the city.
B. 
The word "shall" is always mandatory and not merely directory.

§ 91-2 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 Official.

§ 91-3 Application; fee; deposit.

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 application shall set forth:
(1) 
A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and conditions 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 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 Official shall find necessary to a fair determination of whether a permit should issue.
C. 
Accompanying papers.
(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 entanglements 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 the applicant is entitled to move the building.
(3) 
License. A license from the Roseville City Clerk to engage in the business of house moving shall be filed with the application.
D. 
Fee. The application shall be accompanied by a permit fee as provided for in Chapter 133, Fees.
E. 
Deposit to ensure completion. A deposit of $500 cash shall be required to ensure that the building and premises will be completed according to the plans and specifications set forth by the Building Codes and requirements and approved for a certificate of occupancy by the Building Official within six months from the date of issuance of the moving permit. The Building Official shall have the power to extend this six-month provision, upon good cause shown, for a period not to exceed two months. In the event that such building and premises are not finished, the Building Official shall have the right to finish the building or cause the building to be finished, and any cost incidental thereto shall be deducted from the $500; provided, however, that this section shall not apply to buildings under 450 square feet.

§ 91-4 Deposit for city's expenses.

Upon receipt of an application, it shall be the duty of the Building Official to procure from the Director of Public Works an estimate of the expenses, if any, that will be incurred in removing and replacing any city property, the removal and replacement of which will be required by reason of the moving of the building through the city, together with the costs and materials necessary to be used in making such removal and replacements. Prior to issuance of the permit, the Building Official shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense.

§ 91-5 Indemnity against damage; bond; insurance.

A. 
An application hereunder shall be accompanied by a cash deposit in the sum of $5,000 as an indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street, alley, sidewalk, fire hydrant or other property of the city, which may be caused by or be incidental to the removal of any building over, along or across any street in the city, and to indemnify the city against any claim of damages to persons or private property and to satisfy any claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the city.
B. 
Bond in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the state, in the amount of $10,000 conditioned upon the assurance that this chapter and other applicable ordinances and laws will be complied with. Such bond shall run to the city for the use and benefit of any person intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted.
C. 
Insurance policy in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a liability insurance policy, issued by an insurance company authorized to do business in the state and approved as to form by the City Attorney, in the same amount and providing the same protection as would be required for a bond hereunder.

§ 91-6 Duties of Building Official.

A. 
Inspection. The Building Official shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met and shall have the power to require that the building be reroofed, refinished or repainted on the outside.
B. 
Standards for issuance. The Building Official shall refuse to issue a permit if he or she finds that:
(1) 
An application requirement or any fee or deposit requirement has not been compiled with.
(2) 
The building is too large to move 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 and that persons and property would be endangered by its use.
(6) 
The building does not conform with the prevailing architectural standards of the neighborhood, but such finding may be reviewed and revised by the City Council.
(7) 
The Zoning Ordinance[1] or other ordinances would be violated by the building in its new location.
[1]
Editor's Note: See Ch. 370 Zoning.
(8) 
For any other reason persons or property in the city would be endangered by the moving of the building.
C. 
Fees and deposits.
(1) 
Deposit. The Building Official shall deposit all fees and deposits and all bonds or insurance policies with the City Treasurer.
(2) 
Return upon nonissuance. Upon refusal to issue a permit, the Building Official shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned.
(3) 
Return upon allowance for expense. After the building has been removed, the Building Official shall furnish the applicant 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 of the removal and replacement, together with a statement of all damage caused to or inflicted upon property belong to the city; provided, however, that if any wires, poles, lamps or other property is not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The Building Official shall authorize the return to the applicant of all deposits after the City Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all the damage done to property of the city by reason of the removal of the building. Permit fees deposited with the application shall not be returned.
D. 
Designate streets for removal. The Building Official shall procure from the Department of Public Works 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 and shall reproduce the list upon the permit in writing. In making their determinations, the Department of Public Works 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.

§ 91-7 Duties of permittee.

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 hour as proposed in the application.
C. 
Notify of damage: notify the Building Official in writing of any and all damage or injury that 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 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. 
Street occupancy period: remove the building from the city streets after 24 hours of such occupancy unless an extension is granted by the Building Official.
F. 
Comply with governing law: comply with the Building Code, the fire zone, the Zoning Ordinance[1] and all other applicable ordinances and laws upon relocating the building in the city.
[1]
Editor's Note: See Ch. 88, Building Construction, and Ch. 370, Zoning.
G. 
Pay expense of officer: pay the expense of a traffic officer ordered by the Building Official to accompany the movement of the building to protect the public from injury.
H. 
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.
I. 
Remove service connection: see that the sewer line is plugged with a concrete stopper, the water shut off and the meter returned to the city office. The permittee shall notify the gas and electric service companies to remove their services.
J. 
Notice to utilities: notify all telegraph, telephone, electric light and power companies involved of the time and proposed route of the move at least one week prior to the move and make the necessary arrangements with such utilities so that any electric wires, streetlamps or poles may be moved or adjusted to allow the building to pass by or under any such wires, streetlights or poles free and unobstructed.

§ 91-8 Enforcement; liability for expenses; noncompliance.

A. 
Enforcing officers. The Building Official, the Police Department and the Department of Public Works shall enforce and carry out the requirements of this chapter.
B. 
Permittee liable for expense above deposit. The permittee shall be liable for any expense, damages or 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. 
Original premises left unsafe. The city shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this chapter within 48 hours after removing the structure, and the cost thereof shall be charged against the general deposit.

§ 91-9 Permit required if origin and destination not in city; fee.

A. 
Whenever a person desires to move any structure over, along or across highways, streets and alleys in the city and neither the point of origin nor destination of the move is in the city, the following sections of this chapter shall be complied with:
(1) 
Section 91-2.
(2) 
Section 91-3A and B(5), (6) and (7).
(3) 
Section 91-3C(2).
(4) 
Section 91-4.
(5) 
Section 91-5B and C.
(6) 
Section 91-6B(1) through (8), inclusive.
(7) 
Section 91-6D.
(8) 
Section 91-7A, B, C, D, E, F, G and J.
(9) 
Section 91-8A and B.
B. 
The applicant shall pay the sum as provided in Chapter 133, Fees, for a permit issued pursuant to this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 91-10 Violations and penalties. [1]

A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).