[Added 1-24-2012 by Ord. No. 2012-03]
A. 
This article shall be known as the "City of Española Escort Moving Permit Ordinance."
B. 
The provisions of this article shall include the following:
OVERSIZE LOAD, HOUSE OR BUILDING
All oversize loads, houses and buildings or any part thereof, to include, but not necessarily limited to, the following: a house, building or structure, or part thereof as a unit and not dismantled; a double-wide mobile home or any other building, structure, vehicle, load, etc., in excess of the following criteria, of which each would require a separate City of Española escort moving permit:
(1) 
Wider than 10 feet.
(2) 
Higher than 14 feet.
(3) 
Weighing more than 80,000 pounds; or
(4) 
Any hazardous material as defined by NMDOT.
C. 
All movers and transporters are subject to the City of Española Noise Ordinance regarding exemptions and prohibiting the use of retarders/engine brake devices within the City of Española.[1]
[1]
Editor's Note: See Ch. 249, Noise.
D. 
The provisions of this article shall apply to any oversize load, house, building or part thereof which is:
(1) 
Outside the City intended to be relocated within the City.
(2) 
Within the City being relocated outside the City limits.
(3) 
Within the City and being relocated within the City.
(4) 
Outside the City with a final destination outside the City but being moved through the corporate limits of the City of Española.
A. 
Permit required. No person, partnership, corporation, firm or association shall move an oversize load, house or building or part thereof into, out of, within, or through the City without first obtaining an oversize load/housemover's permit pursuant to this article. A moving permit is required for each separate oversize load, house or building or any part thereof that is moved separately and the size of which comes within the provisions listed above.
(1) 
The movement and relocation of any oversize load, house or building or part thereof into or within City limits must comply with all other City ordinances and provisions, including but not limited to compliance with all City zoning, building and fire regulations.
(2) 
Further, the mover shall comply with all provisions of state laws and administrative rules of the State of New Mexico pertaining to notifying and working with all utilities in order to accomplish the movement of any oversize load, house or building or part thereof in a safe manner.
B. 
Application. The application for an escort moving permit shall be filled out with the information required as follows:
(1) 
Information with respect to mover's name, address, state, mover's license number.
(2) 
Proposed moving date(s) and time(s).
(3) 
If destination is within the City, the applicant/mover shall provide:
(a) 
Name of owner, address of site, legal description, approved zoning permit.
(b) 
Zoning review. The City Planning Department must review the site plan and other materials submitted and determine that the building as relocated will meet all requirements of the Official Zoning Code of the City of Española.[1]
[1]
Editor's Note: See Ch. 350, Zoning and Development.
C. 
Exemptions. The following shall be exempt from obtaining wide load permits from the City of Española: NMDOT and New Mexico county vehicles.
Permitted hours shall be as follows:
09:00 to 11:00
13:00 to 16:00
17:30 to dusk
[Amended 7-11-2019 by Ord. No. 2019-03]
Permit fees for the issuance of a permit to move any oversize load, house or building shall be as set forth in Chapter 171.
The following shall be grounds for issuance of permits:
A. 
That the oversize load or building is not too large or heavy to move without endangering persons or private or public property, including trees, buried utilities and other public improvements as determined by the Police Department, Building Official or Public Works Director.
B. 
That the oversize load or building is not in a state of deterioration or disrepair or is otherwise so structurally unsafe that it can be moved without endangering persons and property in the City as determined by the City prior or during the move.
C. 
That City zoning, building, fire and other codes or ordinances would not be violated by the building in its new location if the relocation site is in the City.
D. 
Insurance coverage required of each applicant for an oversize load, housemover:
(1) 
Bodily injury to or death of one person: $50,000.
(2) 
Bodily injury to or death of two or more persons: $300,000.
(3) 
Damage to property: $100,000.
E. 
Submittal of application and all pertinent documentation must be submitted at least 48 hours prior to a scheduled move.
Each application for an oversize load, housemover's escort moving permit shall furnish proof of compliance with all state regulations for such moving.
Any moves through the corporate limits of the City of Española via City or state roadways are susceptible to all criteria listed within this article. Failure to comply may result in a penalty of not more than $500 or 90 days in jail, or both, as determined by the Española Municipal Court.