[Code 1955, § 7-9.1]
No person shall engage in the business or occupation of moving buildings into or upon the public streets and avenues of the City without having first obtained a license to engage in such business or occupation in the manner provided in this article and in Chapter 17, and no person shall so move any buildings unless he or she is licensed to engage in such business.
[Code 1955, § 7-9.2; Ord. No. 995, 1-3-1990; 1-17-2018 by Ord. No. 1707]
(a)
Such applicant shall, as a condition of the issuance of such license,
file with the City Clerk evidence that he or she is covered by one
or more public liability and property damage policies of insurance,
through one or more companies approved by the Commissioner of Insurance
of the state, in the amounts specified by resolution of the City Council.
Such policies of insurance shall insure both the applicant and the
City against loss or damage to any person or property as a result
of the moving of any building by the applicant.
(b)
In the event that any policy of insurance required herein shall lapse
or become void for any reason whatsoever, the license issued under
this chapter shall become inoperative and void until a new policy
of insurance shall have been provided and filed with the City Clerk,
or the existing policy of insurance reinstated in full force, and
all of applicant's activities pursuant to such license shall be suspended
and discontinued until the filing of such new policy of insurance,
or proof of reinstatement thereof. Every policy of insurance, both
original and renewal, shall be approved by the City Attorney as to
form and shall be filed with the City Clerk.
[Code 1955, § 7-9.3; Ord. No. 1024, 9-18-1991; 1-17-2018 by Ord. No. 1707]
(a)
No person shall move a building or prepare to move a building or
make any site preparations for moving a building, the exterior dimensions
of which exceed eight feet in width or 10 feet in length or 12 feet
in height, without first obtaining a permit for the building to be
moved and paying the fee provided by resolution of the City Council.
No such permit shall be issued except to a licensed building mover
or his or her authorized agent. If the site to which such building
will be moved is located within the City of Holland, no site preparations
at the proposed new site shall be made prior to the issuance of a
permit and payment of the fee required by resolution of the City Council.
(b)
No person shall move a building described in Subsection (a) and no permit shall be issued until the owner of the building to be moved or the licensed building mover shall file with the City Treasurer's office:
(1)
A performance bond in the form of a collected funds cash instrument
(i.e., bank certified check, money order, etc.) or a surety performance
bond in the amount of $1,000 or such higher amount as determined by
the City Council. Disposition of the deposit or bond shall be conditioned
upon the timely and proper performance of the duties imposed under
this chapter and the representations set forth in the application
for permit. If the Department of Community and Neighborhood Services
certifies that the building has not been moved and completed in conformance
with the requirements of this chapter, the deposit or bond shall be
forfeited. If the responsible person complies with all of the requirements
of this chapter, the Department of Community and Neighborhood Services
shall notify the finance office to release the bond; and
[Code 1955, § 7-9.4; Ord. No. 491; Ord. No. 1024, 9-18-1991]
An application for a building moving permit required by Section 6-6 shall be made to the Department of Community and Neighborhood Services upon forms provided by that Department. The application shall be signed by the licensed building mover and the person(s) responsible for complying with the requirements of Section 6-10. The application shall include the following information:
(1)
A detailed description of the condition of the building to be moved;
(2)
The location from and to which the building will be moved;
(3)
The route over which it will be moved;
(5)
A time schedule setting forth the schedule for preparing the building,
moving the building, restoring the site from which the building will
be moved and completing the site to which the building will be moved;
(6)
Copies of easements obtained for all private property which will
be crossed or encroached upon by the applicant in moving the building;
(7)
A site restoration plan for the property from which the building
will be removed (including, but not limited to, safety and security
measures pending site restoration);
(8)
Proof that all utilities serving the building to be moved have been
disconnected by the utility;
(9)
A site plan for the proposed new site which will indicate building
and land elevations, water drainage and safety or security measures
to be used pending completion of the site;
(10)
Such other information as the City Building Inspector may require.
[Code 1955, § 7-9.4; Ord. No. 491; Ord. No. 1024, 9-18-1991; 1-17-2018 by Ord. No. 1707]
The Building Inspector shall review the application to determine whether the building complies with the Housing Law of the State of Michigan, Article I of this chapter, Article II of Chapter 14, and Chapters 9, 25, and 39 and Section 29-8. In addition, the Building Inspector shall refer the application to:
(a)
The City Engineer for his or her written approval of the proposed
route;
(b)
The Board of Public Works for approval of the provisions made for
the temporary removal of all City electrical wires and cables, the
proposed capping of water and sewer services, and the arrangements
for the payment of the cost thereof;
(c)
The Parks and Recreation Director for its report as the effect such
moving will have on existing trees and shrubs located in public places
and the arrangements for payment of the costs of trimming and removing
same and for his or her approval;
(d)
The Chief of Police for approval with respect to scheduling a police
escort, necessary detours and arrangements for directing traffic;
(e)
The City Treasurer for certification that all outstanding accounts
receivable invoiced to the mover have been paid in full and that there
are no outstanding taxes, assessments, or liens for public utilities
on the real property from which or to which the building is moved.
[Code 1955, § 7-9.4; Ord. No. 491; Ord. No. 1024, 9-18-1991]
(a)
If the property to which the building will be moved is located outside of the corporate limits of the City, the Department of Community and Neighborhood Services shall issue the building moving permit after compliance with the provisions of Sections 6-6, 6-7, and 6-8 and payment of the required permit fee.
(b)
If the property to which the building will be moved is located within the corporate limits of the City and upon compliance with the provisions of Sections 6-7 and 6-8, the City Clerk shall schedule the application for a public hearing and review by the City Council. Notice of the public hearing shall be sent to all persons owning property (according to the tax rolls) within 300 feet of the proposed new site. The Council may refuse to authorize the permit whenever it determines that the proposed building moving would involve a violation of this code, the proposed building will be a substantial detriment to the property adjacent to the proposed new site, or the moving will adversely affect the public health, safety or general welfare. If the Council authorizes the permit, the Department of Community and Neighborhood Services shall issue the building moving permit upon payment of the required fee and compliance with Section 6-6.
[Code 1955, § 7-9.5; Ord. No. 1024, 9-18-1991]
A person holding a permit to move a building under this article
shall:
(1)
Follow the route prescribed in the permit issued;
(2)
Observe all rules, regulations and provisions of this code now in
force and which shall be hereafter passed for the protection of streets
or for the regulation of the business of house moving;
(3)
Move the building with all dispatch and in a manner least calculated
to obstruct public travel;
(4)
If it shall be necessary to leave the building in any street over
night, place good and sufficient lights, shining a bright red light
upon the same as a warning to persons passing over the street or avenue,
and keep the lights burning throughout the night;
(5)
Comply with the time schedule filed with the Department of Community and Neighborhood Services and approved by City Council under Section 6-7 or any amendments approved by the Department of Community and Neighborhood Services and City Council;
(6)
Comply with the site restoration plan for the property from which
the building was removed or any amendment approved by the Department
of Community and Neighborhood Services; and
(7)
Construct a foundation under the building at the property to which
it is moved within the time limit set forth in the schedule filed
with the application or any amendment approved by the Department of
Community and Neighborhood Services.
[Code 1955, § 7-9.6; Ord. No. 1024, 9-18-1991]
If it shall be found that in moving any building, the building
may come in contact with the lines, wires or cables of any person
having authority to string such wires or cables, the permit holder
under this article shall forthwith notify the principal local officer
or agent of such person, or both, as the case may be, that the moving
of such building will interfere with such wires or cables. It shall
also be the duty of such permit holder thereupon to pay or arrange
for payment to such agent, the actual expense of removing and replacing
such equipment.
[Code 1955, § 7-9.7; Ord. No. 1024, 9-18-1991]
If it shall be found that in moving any building, the building
will come into contact with any trees located in a public place to
such an extent as to require the trimming or removal of the trees
and if the removal is approved by the Department of Community and
Neighborhood Services, the permit holder shall pay the cost of trimming
or the cost of removing and the replacement thereof as the case may
be.
