As used in this article, the following terms shall have the
meanings indicated:
A structure for business, residence or public use or for
the shelter of man or beast or for the storage or display of goods,
wares and merchandise for sale; or any erection connected with the
temporary or permanent use of man; any fixture or article of a chattel
nature which can be severed from the land after having been attached
to it. The word "building" shall be construed to include in its meaning
parts of buildings.
Any production or piece of work artificially built up or
composed of parts joined together in some definite manner and not
necessarily affixed to the land although resting upon it and capable
of being moved from one place to another.
It shall be unlawful for any person, firm, or corporation to
move any building or structure within the municipality or its zoning
jurisdiction without a written permit to do so. Applications for moving
permits shall be filed in writing with the administrative official,
and shall disclose thereon the following information: name of the
applicant, present location of the building or structure to be moved,
legal description of the site to which it is proposed to move said
building or structure, name of owner of said building or structure,
name of the owner of the site to which it is proposed to move said
building or structure, name and address of the person the applicant
intends to hire or has employed to move said building or structure,
the date or dates on which it is proposed to move said building or
structure, and the route and streets upon which it is proposed to
move said building or structure, a list of alterations, changes, improvements
or repairs said applicant intends to make upon said building and structure,
and such other information as the Council may require. Upon filing
such application, the administrative official shall cause a notice
to be published in one issue of a legal newspaper printed and published
in the City, giving public notice that such application has been filed
and that the same will be considered by the Council at a time and
place therein specified, which shall be not less than seven days after
the publication of said notice, nor more than 21 days after the filing
of said application. The publication fee for said notice shall be
paid by the applicant, and the amount thereof paid to the administrative
official with the filing of said application. At the time and place
stated in said notice, the Council shall consider said application,
and the applicant shall be required to appear and present satisfactory
evidence that said building or structure is not unsafe, unsound, hazardous,
unsightly, dilapidated, vermin-infested, and does not constitute a
fire hazard, or a public or private nuisance. At said hearing, any
applicant may be represented by legal counsel, and any interested
person or persons may appear in person or by legal counsel and be
heard. The Council may grant or deny said application as filed, or
may grant said application on condition, in which event there shall
be endorsed upon the application and permit the following words: "Granted
on Condition That," followed by a statement of all terms and conditions
on which said application was granted. Moving permits issued under
this article shall be in writing signed by the administrative official
and shall state the duration of validity and the route over which
such buildings or structures may be moved.
Upon the approval of an application to move a building or structure,
the applicant shall at the time the moving permit is issued pay a
license fee in an amount set from time to time by the City Council,
payable to the City, and collected by the administrative official,
and no other charge shall be made or assessed against said applicant
by the City; provided, however, in the event it is necessary to disconnect,
remove, lift, or shift any electrical lines or appurtenances of any
other utilities or instrumentalities of said City to permit said building
or structure to be moved, the applicant shall, in addition to said
license fee, pay the actual cost of repairs or replacement, or in
the event of any other damage to the City, the applicant will pay
the actual amount thereof.
Before any building or structure may be moved on a moving permit issued under this article, the holder thereof shall file with the administrative official a good and sufficient bond in a sum set from time to time by the City Council, with two or more personal sureties, or one corporate surety, conditioned for the payment of any damages sustained by any person, and also any damages sustained by the City, resulting from the moving of any house, building or structure within the City. Any bond as specified in this section may be sued upon for the recovery of any and all damages sustained by any individual or corporation, and also any damages sustained by the City, including amounts due the City under § 225-3.3 hereof, by reason of the moving of any such building or structure.
