[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 123 of the 2000 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who engages in the business or work of house moving
within the City.
The moving of any house, building, structure, or any part
or parts thereof, except structures or parts of structures less than
12 feet wide and less than 12 feet high mounted, from one location
to another when the moving of such house, building, structure or part
or parts of structures requires traveling upon, across, along or over
any street, alley, sidewalk or other public ground in the City.
No person shall do any house moving without first obtaining
a permit from the City.
Any person desiring a house moving permit shall file an application
in the office of the Clerk at least seven days prior to the commencement
of the work. Such application shall contain:
A.
The date and time of moving the
house, structure or building.
B.
A detailed statement setting forth
the proposed route to be followed in moving the structure, the equipment
to be used and specifying the person in charge of the moving operation.
C.
The location of the premises to
which the structure is to be moved and the corporate zoning classification.
D.
The name of the owner of the structure
and the name of the owner of the premises to which it is being moved,
showing that the applicant is entitled to move the house.
E.
A plot plan of the location to
which the structure is to be moved, showing the exact proposed location
of the structure, the boundaries of the lot upon which the structure
is to be placed and the dimensions of the lot.
F.
A statement showing the maximum
length and width, including eaves, and loaded height of the structure
to be moved.
G.
An agreement that the house mover
shall indemnify and hold the City harmless from any claim or damages
for injuries to persons or property resulting from the moving of the
structure for which the permit is requested.
H.
An agreement that the applicant shall report any damage done by the moving operation to any street, sidewalk, alley, curb, tree or other public property in accordance with § 177-14 of this chapter, and that the applicant will, upon demand, pay to the City the cost of repair occasioned by the damage.
[Amended 3-23-2023 by Ord. No. 23-02]
I.
The applicant shall file with
the application the consent of any affected utility company to use
the proposed route.
[Amended 3-23-2023 by Ord. No. 23-02]
The fee for a house moving permit shall be as stated in the
Building Code.
[Amended 3-23-2023 by Ord. No. 23-02]
Upon the filing of the application with required consents and
insurance certificate and payment of the fee, before and upon the
approval of the City Building Official, City Arborist, Police Chief,
Fire Chief, City Engineer and City Manager, a house moving permit
shall be issued by the City.
A permit may be restricted where, in the judgment of the City
Manager, the moving operations would create undue traffic congestion
or hazards; the City Manager may require police escorts or temporary
removal of traffic control devices for the moving operations, or the
City Manager may restrict or specify the hours during which the moving
operation must be accomplished. The cost of these requirements shall
be borne by the house mover.
The City permit shall be plainly displayed at all times on the
front of the structure.
[Amended 3-23-2023 by Ord. No. 23-02]
Before any permit for house moving work shall be issued by the
City, the house mover shall have filed with the City a certificate
of insurance, written by an insurance company authorized to do business
in the State of Iowa. The certificate of insurance shall be in limits
as set by resolution of the City Council. The certificate shall be
written on a standard form carrying an endorsement naming the City
and its employees as additional insured as its interest may appear
and conditioned upon the faithful performance of all duties required
of such house mover by this chapter. It shall be a further condition
of the certificate of insurance that the obligator will hold the City
harmless from any and all damages sustained by reason of neglect or
incompetence on the part of the house mover, the house mover's agents
or employees in the performance of the work done, or any negligent
guarding of hazardous areas or by reason of any other cause growing
out of the negligence or carelessness of such house mover, the house
mover's agents or employees, or the issuance of the permit. The certificate
of insurance shall not expire prior to the completion of the work
under the house moving permit. No permit for house moving work shall
be valid if the certificate of insurance has expired or been terminated
for any reason unless renewal or replacement coverage is provided.
It is the intent and purpose of the certificate of insurance also
to cover the individual, company, firm, association, corporation or
partnership with which the house mover is associated.
At all times when a building or similar structure is in motion
upon any street, alley, sidewalk or public property, the permittee
shall maintain flagpersons at the closest intersections or other possible
channels of traffic ahead, to the sides and behind the building or
structure. At all times when the building or structure is at rest
upon any street, alley, sidewalk or public property, the permittee
shall place barricades and maintain adequate warning signs or flares
at the intersections or channels of traffic ahead, to the sides and
behind the building or structure.
All equipment used in the moving operation must be equipped
with adequate warning flares and lights. The house mover shall at
all times comply with the provisions of the statutes of the State
of Iowa pertaining to wheel loadings. The house mover shall not use
any equipment which travels upon the streets, alleys, sidewalk or
other public grounds that is not equipped with rubber tires.
The building sewer shall be disconnected from the public sewer
at the property line, and the portion of the sewer running to the
public sewer shall be sealed watertight. This work shall be done in
the presence of the City Sewer Inspector.
The house mover shall protect the curbing from damage when loads
pass over the curb. In the event that the curbs are damaged, the house
mover shall be responsible for repairing the curb to the satisfaction
of the City Engineer.
Arrangements shall be made with all concerned utility companies
to have their utilities disconnected from the building to be moved.
The house mover shall report any damage done to any street,
alley, sidewalk, curb, tree, telephone or light poles or wires, or
to any other public or private property, except property owned by
the house mover of the structure being moved, to the City Manager
within 12 hours and after the occurrence.
The house mover shall upon demand pay any damages resulting from any injury to any person or property, which injury is required to be reported to the City Manager under § 177-14 of this chapter. Nothing herein shall be construed to prevent the house mover from contesting any claim in good faith in any court.
