3410.2 Moving contractors to be registered, bonded, and insured. Persons engaged in moving buildings and structures pursuant to this chapter (hereafter referred to as “moving contractors”) shall be registered with the city. Notwithstanding any provision to the contrary, such contractors shall give bond to the city. In addition to being insured. In lieu of the respective coverage amounts specified therein, the minimum coverage amounts for purposes of this section shall be as follows: |
1. | Compliance bond: $25,000.00. |
2. | Commercial general liability insurance: $300,000.00. |
3. | Commercial automobile insurance: $500,000.00 per vehicle. |
Any bond or insurance provided pursuant to this section shall be effective and fully paid and maintained in compliance with the certificates provided the city through the date that the bonded or insured activity is finally completed. |
3410.3 Conformance; minimum standards. All buildings or structures moved into or within the city shall conform to the applicable standards as set forth in sections 3410.3.1 through 3410.3.4 below. |
3410.3.1 Current building standards applicable. Buildings and structures moved into or within the city shall comply, or be altered to comply with the applicable provisions of the Code of Ordinances for new buildings and structures, including, without limitation, all building, structural, plumbing, fuel gas, mechanical, and electrical systems. |
3410.3.2 Certain manufactured homes (“mobile homes”) prohibited. Manufactured homes that were manufactured prior to June 15, 1976, and therefore not in accordance with HUD standards (defined as “mobile homes” by the Texas Manufactured Housing Standards Act) shall not be installed or relocated within the city limits. Violation of this section is deemed a misdemeanor punishable by fine in accordance with section 1.01.009 of the Code of Ordinances. |
Exception: Owner-occupied mobile homes, as defined herein, lawfully in place within the corporate limits on the effective date of this section, that are subsequently determined by inspection to be in conformance with the minimum housing standards. |
3410.3.3 Mobile home replacement authorized. A mobile home, as defined in section 3410.3.2 above, previously lawfully placed and installed on a lot or parcel within the city limits, may be replaced by a HUD-code manufactured home (manufactured on or after June 15, 1976 in accordance with HUD standards). Manufactured homes not of new manufacture are subject to inspection by the building official to determine compliance with minimum acceptable standards for safety as outlined in this chapter, and by the structural standards administrator to determine compliance with minimum housing standards contained within the property maintenance code. |
3410.3.4 Minimum housing standards. Moved buildings that will serve as dwelling units shall comply with the residential provisions of the International Residential Code or the International Building Code, as applicable. Where it is technically infeasible to comply with a provision of said code(s), the building official may apply the provisions of the International Existing Buildings Code and/or the minimum housing standards. |
3410.4 Procedures. The procedures set forth within sections 3410.4.1 through 3410.4.6 shall be followed with regard to the movement of all buildings and structures pursuant to this chapter. |
3410.4.1 Permit application and review. The moving contractor shall apply for a moving permit on forms provided by the building official. Prior to issuance of such moving permit, the owner of the building shall also apply to the zoning board of adjustment for a special exception allowing the proposed move. |
3410.4.2 Investigative inspection and report. Prior to issuance of the moving permit and where the building is not exempt from the special exception requirements, prior to the agenda deadline for the scheduled hearing of the zoning board of adjustments to consider the special exception, the building official shall inspect, or cause to be inspected, the building or structure proposed to be moved, provided that the building owner or mover shall first pay an investigative inspection fee of $60.00, or as might otherwise be established by the city council. Subsequent to the inspection, the building official shall issue an inspection report which shall generally describe the structural and appearance characteristics of the building, and which shall include information regarding building area and dimensions, foundation style and general condition, roofing and exterior wall cladding materials, the presence and condition of any garage or outbuildings, the general condition of floor systems, exterior and interior walls, roof decking and covering materials, windows, and bathroom/kitchen areas and associated fixtures. Said report shall be provided, promptly upon completion, to the owner and the zoning board of adjustments (city council). |
3410.4.3 Action of board; conditional approval. If the zoning board of adjustment (city council) grants the special exception, the building official may issue the permit subject to any and all requirements or conditions placed by the board thereon, as well as the other requirements of this chapter. All such requirements and conditions shall be incorporated into the permit, and are considered legal requirements for the purposes of compliance with this chapter. |
3410.4.4 Building to be moved beyond the city limits. The building official may issue a permit to move a building or structure at least five thousand (5,000) feet outside of the city limits without a special exception granted by the zoning board of adjustment (city council). |
3410.4.5 Procedure where special exception not required. Where a special exception from the zoning board of adjustment (city council) is not required, all other provisions of this chapter shall remain applicable. |
3410.4.6 Denial of permit. The building official shall deny a moving permit under any of the following circumstances: |
1. | Where the zoning board of adjustments (city council) has denied a required special exception. |
2. | Where the city or any public utility companies owning overhead infrastructure, including but not limited to wires and cables, have not first examined the proposed movement route to determine that: (a) it owns no lines along the route; and/or (b) that the proposed movement of the building or structure will not require the removal or cutting of any overhead infrastructure. All routes approved by the city or a public utility company must be evidenced by attested, authorized signature. |
3. | Where the department of traffic engineering has not first examined the proposed movement route to determine that no traffic signal mast arm will require removal or adjustment in order to accommodate the building or structure. Approval of the proposed route must be evidenced by attested, authorized signature. |
4. | Where the department of traffic engineering, fire department or police department have not first approved the proposed movement route for the dates and times specified in the application, as attested by the signatures of the authorities having jurisdiction. |
5. | Where the parties are not otherwise in full compliance with the provisions of the Code of Ordinances, as determined solely by the city, including the specific responsibilities of the parties outlined in section 3408.5. |
3410.5 Responsibilities of the parties. The specific responsibilities of the parties involved in the movement of buildings or structures shall be as stipulated in sections 3410.5.1 through 3410.5.3 below. Where the destination lot is outside the corporate limits of the city, sections 3410.5.1(4)(a) and 3410.5.3 shall not apply. |
3410.5.1 Moving contractor. The moving contractor shall perform the following: |
1. | Obtain and maintain all required insurance policies, bonds, permits, and approvals as necessary to initiate and complete the project in a lawful manner. |
2. | Obtain necessary permit applications from the building official, identify the route, date(s), and time(s) of the proposed move, including the locations and durations of any temporary storage (“stack lot”) locations, and secure the approval of all city and franchise utility companies, the City of Petersburg Public Works Department, the Texas Department of Transportation, as applicable, and emergency service providers, including, but not limited to, the Petersburg Police Department, Petersburg Fire Department, and Petersburg emergency medical services providers, as specified in section 3410.4.6. |
3. | Advise the building owner if a zoning board of adjustment (ZBA) special exception is required. |
4. | If the special exception referenced in (3) above is granted to the owner, or is not otherwise required: |
| a) | Confirm that the destination lot/building owner has obtained necessary building permits for construction of a permanent foundation system, has completed said construction and received final inspection approval for same pursuant to section 3410.9.3 item #3; |
| b) | Arrange and pay for a police department escort along the moving route in accordance with applicable police department policy; and |
| c) | Obtain necessary moving permits from the building official. |
5. | Coordinate with the appropriate utility companies to disconnect and make safe all sources of electricity, water, fuel gas, and sanitary sewer. Sanitary sewer outlets shall be capped or otherwise secured from rainwater infiltration. Electricity shall be disconnected at the transformer or through removal of the meter and sealing of the meter socket against unauthorized entry. Fuel gas shall be shut off at the meter. |
6. | Provide proper and adequate safeguards for the public, employees, and adjoining property during demolition and lot clearing activities, including compliance with section 3303 of the International Building Code and obtaining street barricade permits where necessary for protection of/from vehicular traffic. |
7. | In coordination with the appropriate department, agency, or franchise utility company, repair all damage to public improvements incurred during demolition and building movement activities, including, but not limited to, street surfaces, curb and gutter, sidewalks, driveway approaches, utility lines, sign posts, traffic signals, and drainage structures along the moving route. |
Failure to comply with item (5), (6) or (7) of this section is deemed a misdemeanor punishable by fine in accordance with section 1.01.009 of the Code of Ordinances. |
3410.5.2 Origin lot owner. The owner of the lot from which the building is moved shall perform the following immediately after the building is removed from the lot: |
1. | Fill all open excavations with clean fill dirt (no rubble or trash to be used). |
2. | Reestablish lot grades to convey stormwater runoff to the street, alley, or other approved conveyance without ponding and without directing stormwater runoff onto other private property. |
3. | Clear the lot of all trash, rubbish, building debris, dead shrubbery, tree limbs, etc. |
4. | Cap all sanitary sewer outlets or otherwise secure them from rainwater infiltration. |
5. | In coordination with the appropriate department or franchise utility, repair all damage to public improvements incurred during the demolition and building movement activities, including, but not limited to, street surfaces, curb and gutter, sidewalks, driveway approaches, utility lines, sign posts, and drainage structures within the lot frontage. |
Failure to comply with items (1)–(5) of this section is deemed a misdemeanor punishable by fine in accordance with section 1.01.009 of the Code of Ordinances of the city. |
3410.5.3 Destination lot/building owner. The owner of the lot to which the building is moved shall perform the following: |
1. | Prior to arranging for movement of the building, obtain an investigative inspection of the building to determine the degree of renovation necessary to bring the building’s structural, plumbing, electrical, mechanical and fuel gas systems up to minimum standards for new construction, as determined by the applicable technical codes adopted. Where the lot of origin is not within the city limits, the building owner shall conform to building inspection department policy with regard to arrangement of inspections and payment therefor. |
2. | Obtain special exception approval from the zoning board of adjustments (city council). |
3. | Construct and obtain inspection approval of required permanent foundation systems in preparation for final placement and attachment of the building. All necessary permits for the foundation system must be obtained prior to construction. |
4. | Upon placement and attachment of the building, complete all required renovations to bring the building up to current standards as required by section 3410.3, within the time frames stipulated in section 3410.6. |
5. | Complete all required work to comply with any conditions of approval established by the zoning board of adjustments, within stipulated time frames. |
3410.6 Violations; public nuisance. Except as provided herein, any of the conditions identified in sections 3410.6.1 through 3410.6.3 are deemed unlawful hazards to public health and safety and therefore constitute misdemeanors punishable by fine in accordance with section 1.01.009 of the Code of Ordinances. Said conditions are also declared public nuisances, and shall be referred by the building official to the structural standards administrator for disposition pursuant to section 1102 of the property maintenance code. |
3410.6.1. Building detached from foundation. Any building that has been detached for more than thirty (30) days from its foundations in preparation for a move, or that has been moved from its original location and has not been affixed to its permanent foundation in accordance with the building code within thirty (30) days of the issue date of the moving permit, or any longer period approved by the zoning board of adjustments (city council). |
3410.6.2 Building not in conformance with Code of Ordinances. Any moved building not brought into compliance with all relevant sections of all city codes within 180 days from the date the foundation permit is first issued for the destination lot, or any longer period approved by the zoning board of adjustments. |
3410.6.3 Building not in conformance with stipulated conditions. |
Any moved building not brought into compliance with all requirements and conditions placed thereon by the zoning board of adjustments (city council) within such time frames as the board shall have stipulated as part of the special exception approval process. |
A building that has been secured against entry and moved to an appropriately-zoned temporary location (“stack lot”) that is fenced or otherwise secured from public access so as not to create an attractive nuisance or to present a hazard to the public from overturning pending eventual movement to the destination lot shall not be considered a violation under section 3410.6.1, so long as the temporary location is identified at the time of moving permit application, and further is for a predetermined, temporary duration not to exceed 180 days. |
