For the purposes of this Article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense,
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
Any person making application for a permit.
An assembly of materials forming a construction for occupancy
or use including among other, houses, buildings, stadiums, gospel
and circus tents, reviewing stands, platforms, stagings, observation
towers, radio towers, water tanks, trestles, piers, wharfs, open sheds,
coal bins, shelters, fences and display signs, excluding mobile homes
for transfer.
That City official designated from time to time by the governing
body.
The City of Mission Woods, Kansas.
Any person obtaining a permit as provided for herein.
Any persons, firm, partnership, corporation, association,
company, individual, or organization of any kind.
No person shall move any building or structure having a floor
area of 200 or more square feet, upon, across, or over any highway,
street, alley, or sidewalk in the City without first obtaining a permit
so to do, issued by the chief building official.
All applications for permits to move buildings or other structures described in Section 5-301 hereof shall be made to the chief building official and such application shall state and be in compliance with the following procedures:
(a)
The dimensions of the building or structure as to length, width and
height at its highest point when loaded for moving.
(b)
The definite description of the building or structure proposed to
be moved giving street number, construction materials, dimensions
in square feet, number of rooms and condition of exterior and interior.
(c)
The plot plan to scale with legal description of the lot from which
the building is to be moved, giving the lot number, block number and
subdivision, if located within the City.
(d)
The plot plan to scale with the legal description of the lot to which
it is proposed such building be removed, giving lot number, block
number and subdivision, if located within the City.
(e)
The day and hour when the moving is to commence an length of time
of the move. In no event will a moving be allowed on a Saturday or
Sunday or a holiday unless specifically allowed by the chief building
official and the City Marshal-Chief of Police.
(f)
The highways, streets, alleys or sidewalks over, or across which
the building or structure is proposed to be moved.
(g)
The application shall be made not less than seven calendar days prior
to the commencement of the moving and shall be accompanied by a fee
of $50 made payable to the City Clerk.
(h)
The application must include copies of written notice that have been
given by the applicant to the owners of adjacent lots and to the owners
of wires or other facilities, whenever same will affect the public
utilities located within the City limits, should a permit be granted
for the removal of building or structure.
(i)
The applicant of the building or structure to be moved, shall file
with the application sufficient evidence that the building or structure
and lot from which it is to be moved are free of any entanglements
and that all taxes and any City charges against the said owner are
paid in full. Applicant should furnish a certificate of liability
insurance for personal and property in a minimum amount of $100,000
injury each person, $300,000 each occurrence, and $50,000 property
damage.
(j)
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 or structure.
(a)
It shall be the duty of any person at the time of making application for a permit as provided in Section 5-203 of this Article to execute in the favor of this City a good and sufficient bond to the City in the sum of $5,000, with good and sufficient security, conditioned, among other things, that the principal shall pay any and all damages which may be caused to any property, public or private, within the City when such injury or damage shall be inflicted by the principal or his agent, servant, employee, workman, contractor, or subcontractor, and such bond shall be conditioned also that the principal will save, indemnify and protect the City from any and all liability, and that he will, in all respects, comply with all ordinances of the City and comply with the terms of his permit and be conditioned upon his faithful performance of the move. The form of such bond must be approved by the City Attorney.
(b)
In addition to the permit fee required for moving a building or structure
from one permanent site to a new location within the City, the applicant
shall furnish a surety bond conditioned upon the completion of the
relocation of such building or structure upon the site to which it
is to be moved in accordance with the plans, specifications and requirements
set forth in the permit issued therefor. Such bond shall be in an
amount equal to the estimated cost of removal and reconstruction upon
a foundation as set forth in the permit and conditioned upon final
completion and inspection within six months from the date thereof.
No permit shall be issued for the relocation of a building or structure
within the City, unless the plans and specifications, location and
use conform in all respects to the rules and regulations applicable
to the new location of said building or structure.
The duties of the chief building official for the City of Mission
Woods, Kansas, shall be as follows:
(a)
Inspection. The chief building official shall inspect the building
or structure and the applicant's equipment to determine whether the
standard for issuance of a permit is met and issue or deny such permit.
(b)
Standards for Issuance. The chief building official shall refuse
to issue a permit if he finds:
(1)
That any application requirement or any fee, deposit, or bond
requirement has not been complied with;
(2)
That the building or structure is too large to move without
injuring persons or property in the City;
(3)
That the building or structure is in such a state of deterioration,
disrepair or is otherwise so structurally unsafe that it cannot be
moved without endangering persons or property within the City;
(4)
That the building or structure is structurally unsafe or unfit
for the purpose for which moved, if the removal location is in the
City;
(5)
That the applicant's equipment is unsafe and that persons and
property would be endangered by its use;
(6)
That zoning subdivision or any other ordinances would be violated
by the building or structure in its new location;
(7)
That for any reason persons or property in the City would be
endangered by the moving of the building or structure;
(8)
That the building or structure to be moved is not compatible
to the neighborhood where the building or structure is proposed to
be located;
(9)
That any weight, length, width, or other restriction imposed
upon the use of the public or private roadways within the City limits
by either City traffic ordinances or state statutes would be violated.
(c)
Fees and Deposits:
(1)
Deposits. The chief building official shall deposit all fees
and deposits and all cash with the City Clerk.
(2)
Return Upon Nonissuance. Upon the refusal to issue a permit,
all funds deposited shall be returned to the applicant. If a permit
is granted and the move is not made by the applicant, then 1/2 of
all funds deposited will be refunded.
(3)
Claim on Bond. After a building or structure has been removed,
the chief building official shall furnish the City engineer and City
Attorney a written statement of all expenses and damages incurred
in removing and replacing all property belonging to the City, and
of all material used in making of the removal and replacement together
with a statement of all damages caused to or inflicted upon property,
both private and public, for claim against the surety bond.
Every permittee as defined in Section 5-201(f) of this article
shall:
(a)
Over Designated Streets. Move a building or structure only over streets
designated for such use in the written permit;
(b)
Notify of Revised Moving Time. Notify the chief building official
within 48 hours of move in writing of a desired change in moving date
and hour and route of move as proposed in the application and such
change must be approved by the chief building official;
(c)
Notify of Damage. Notify the chief building official in writing of
any and all damages done to property belonging to the public and private
property within 24 hours after the damage or injury has occurred;
(d)
Warning Devices at Night. It shall be the duty of any person moving
any building or structure mentioned above upon or across any street,
alley or sidewalk or other public place in the City to display red
lanterns or other warning devices used in compliance with City traffic
ordinances or state statutes thereon in such a manner as to show the
extreme height and width thereof from 30 minutes after sunset to 30
minutes before sunrise; he shall at all times erect and maintain barricades
across the street in such manner as to protect the public from damage
or injury by reason of removal of the building or structure, and shall
have sufficient escort as provided by City ordinance, state statutes,
or as determined as necessary for the public safety by the City Marshal-Chief
of Police;
(e)
Layover. Not leave any building or structure or any part of any building
or structure being moved in the parkway, street, or on the dedicated
right-of-way line between the curb and the front property line of
any lot;
(f)
Comply with Governing Law. Comply with the building code, fire protection
zoning chapters and all other applicable traffic ordinances and laws
upon relocating the building or structure in the City or move the
same through the City;
(g)
Clear Old Premises. Remove all rubbish and materials and fill all
excavations to existing grade at the original building or structure
site so that the premises are left in a safe and sanitary condition
within 10 days from the date of the move;
(h)
Remove Service Connections. Notify all utilities having service connections
within the building or structure and otherwise located within the
City limits whose facilities and services to the general public may
be affected by the movement of the building or structure. Copies of
notifications shall be furnished to the chief building official;
(i)
Comply with the building code within three months after the physical
move is made;
(j)
Comply with the regulations and specifications contained in such
permit granted by the chief building official to such permittee.
The enforcing officers shall be as follows and shall carry out
the following requirements:
(a)
Enforcing Officers. The chief building official, police department
and the department of public works, City engineer and City Attorney
shall enforce and carry out the requirements of this article as set
forth herein.
(b)
Permittee Liable for Expenses and Above Deposit. The permittee shall
be liable for any expenses, damages, 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. This City shall proceed to do the
work necessary to leave the original premises in a safe and sanitary
condition, where permittee does not comply within 10 days with the
requirements of this article, and the cost thereof shall be charged
against the bonds posted by the permittee.
Permits issued under and pursuant to this article shall be valid
for a maximum time of two months.
No building shall be moved to any lot within the City unless
and until a proper and suitable foundation or basement has been theretofore
constructed on such lot of which such building will be permanently
placed unless waived by the chief building official.
