No person shall move any building into the city or relocate
any building within the city without first obtaining a separate permit
for each building from the building official. Such permit shall be
known as a house moving permit.
(Prior code § 6-3)
Any person desiring a house moving permit required by Section 20.24.010 shall file with the building official an application therefor in writing on a form furnished by the city for that purpose. Such application shall contain or have appended thereto the following information and any other necessary information required by the planning commission:
(1)
The name of the street and the official house number, the name of
the tract or block number and zone use legend, the lot number and
its dimensions where the building to be moved is to be placed;
(2)
The proposed use or occupancy for the building;
(3)
The tract, block, lot, zone use and official address at the building's
existing location;
(4)
All dimensions and the structural type of the building;
(5)
The nature of the repairs and any alterations or additions;
(6)
The complete valuation of the proposed work;
(7)
A plot plan drawn to a scale of not larger than one-eighth inch to
one foot. Such plot plan shall indicate with dimensions all existing
and proposed building locations, yards and setbacks;
(8)
A plan of the building to be moved. Such plan shall show all necessary
structural and sanitary details as required by the building official;
(9)
Three postcard size photographs taken from three viewpoints and showing
at least three elevations of the building, including the front;
(10)
The date of final completion;
(11)
An agreement that a bond in the amount of value plus 25% of the proposed
work on the building, to guarantee performance and completion by the
stated date, will be given by the applicant;
(12)
The streets on, over or through which it is desired to move the building.
(Prior code § 6-4)
Within five days after an application for a house moving permit required by Section 20.24.010 is filed, the building official shall inspect the building as to necessary repairs and alterations. The building official shall cause each application filed under this chapter to be presented to and filed with the planning commission at the first regular meeting of such commission following the expiration of the seven day posting period, and at the same time shall file with such commission any protests which shall have been filed with the building official.
The building official shall file at the same time his or her
written report indicating the nature and amount of work required to
have the building completed in accordance with this code and other
city ordinances, and his or her recommendation regarding the granting
or denial of a permit.
(Prior code § 6-5)
At the time of filing an application for a house moving permit required by Section 20.24.010, the applicant shall pay to the city the current fee as established by city council resolution. The basis of said fee is to cover filing fees, notice requirements, inspection fees, and other costs of the city. No part of said fees shall be refundable.
(Prior code § 6-6; Ord. 69-O-128 § 1, 1969; Ord.
81-O-108 § 1, 1981; Ord. O-2007-07 § 24, 2007)
The planning commission shall conduct a hearing on the application for a house moving permit required by Section 20.24.010 at the first regular meeting of such commission following the expiration of the seven day posting period. It shall hear any protests which have been filed, consider the information furnished by the applicant and review the report of the building official. It shall then declare the hearing closed and may grant or deny the application.
(Prior code § 6-7)
In the event that the planning commission authorizes the moving
of any building to the proposed new location after the hearing is
held as provided in this chapter, the building official shall issue
a permit for the alterations, repairs and other constructional work
as approved, providing all other requirements of this chapter have
been fulfilled, including the posting of performance and completion
bonds, and provided the fees as listed in the building code, plumbing
code and electrical code of the city are first paid.
(Prior code § 6-8)
In the event the planning commission denies an application submitted pursuant to Section 20.24.020, to move a building a second application to move the same building to the same property and address shall not be applied for or permit granted therefor within six months from and after the date of the planning commission's denial of the application to move such building.
(Prior code § 6-9)
Any person applying for a permit required by Section 20.24.010, to move any building having a total floor space of more than 200 square feet shall first procure a license from the city and file with the building official a bond in the sum of $1,000 issued by a surety company authorized to do business in the state, in the form approved by the city attorney, conditioned that if the principal shall fail to fully pay the city and any person who shall suffer any damage that may be done to the streets or improvements thereon, or to any person or property of any description as a result of the moving of such building, the surety shall pay for such damage not exceeding the amount of such bond. Such bond shall further provide that the damage covered by the same may be recovered upon such bond by civil action in the name of the city or person so injured. In addition, the owner shall furnish bond in the amount of the value plus 25% of the proposed work on the building, guaranteeing performance and completion of the work as approved by the planning commission. Such bond shall be in form naming the city obligee and shall be conditioned to assure completion of relocation as stipulated in the permit and within the time limit set.
(Prior code § 6-10)
In addition to the permit required by Section 20.24.010, a permit shall be required to allow the moving of any building along any street. A permit shall be issued only after the building official has inspected the applicant's equipment and approved the same, subject to the following regulations, and upon payment of a fee at the rate of $25 for each 24 hours or fraction thereof during which such building occupies any portion of a public street in the operation of moving:
(1)
No building shall be moved, the highest point of which at any time
during the operation of moving extends to a height of more than 25
feet above the surface of the street, unless a request to move such
building, stating the overall height thereof and the route upon the
streets of the city over which it will be moved, shall have been filed
with the city council, and the city council, after a report from the
building official and the park control committee shall grant special
permission for such moving by minute order. Such minute order may
be made and conditioned upon the subsequent approval of one or more
of the city employees and officials from whom a report is required.
The requirements set forth in this subsection are in addition to and
not in lieu of any other requirements contained in this chapter governing
the moving of buildings or structures upon the streets of the city;
(2)
No building shall be moved upon the public streets, alleys or ways
except upon rubber tired or rubber shod conveyances. In no case shall
the weight of the conveyance, when fully loaded for the moving operation,
be such as to cause the wheel load of the equipment to exceed 600
pounds per inch width of each wheel of the conveyance;
(3)
No building shall be moved unless there is at all times a clear space
of at least five feet between the building and the curb of the street;
(4)
No building shall be allowed to remain stationary on any street intersection
or upon any street in such manner as to obstruct the access to any
fire hydrant, standpipe or other firefighting appliance located upon
or adjacent to such street;
(5)
No building shall be moved or allowed to remain stationary upon any
public street during the period between 30 minutes before sunset and
30 minutes after sunrise except with a special permit by the police
department and unless red lanterns are kept lighted during such period
at each corner of the building.
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The permit required by this section is applicable only in the
city and has no efficacy on any street, road or way outside the city
or on any state highway.
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(Prior code § 6-11)
When an application for a house moving permit required by Section 20.24.010 is filed with all the required information the moving notice cards shall be made out and posted by the building official within 24 hours from the time of filing.
The moving notice cards shall be not less than one foot square
in area, shall be headed "Notice of Moving and Relocation"
in blackfaced type letters of not less than two inches in height and
there shall be printed or typewritten upon such cards the following
information:
(1)
A brief description of the structure and the addresses from which
and to which it is to be moved;
(2)
A notice that if a written protest to such moving signed by one or
more persons who own real property within 300 feet of the location
to which the structure is to be moved is filed in the office of the
building official on or before a date therein named (which date shall
be on or before seven days after such posting) such protest shall
be heard and determined by the planning commission at its first regular
meeting after the expiration of the date set for filing protests.
(Prior code § 6-12)
One moving notice card shall be located and posted in a conspicuous
place on the lot to which it is proposed to move any building in clear
view and approximately 15 feet back of the front property line of
an interior lot. If it is proposed to move the building onto a corner
lot, a second moving notice card shall be located and posted in a
similar position and facing the secondary street. These moving notice
cards shall remain posted until the final date for filing protests.
At the end of such posting time they shall be removed by the building
official.
(Prior code § 6-13)
If a protest against the moving of any building is filed, it
shall be in writing, shall be signed by one or more individual property
owners who own real property within 300 feet of the location to which
such building is to be moved and shall be filed in the office of the
building official during the period of required posting.
(Prior code § 6-14)
When a building moved pursuant to this chapter is set on the lot and the moving equipment is removed, the mover shall notify the building official. The building official shall prepare and submit to the mover a bill of the cost of the services rendered by any employee of the city in protecting, trimming or cutting any trees along the route of moving, and for any damage to streets or public property due to the moving operation. In the event that it becomes necessary to remove or replace or otherwise change any poles, conduits, standards, wires or other property of public utilities in the streets, which are placed and located according to law, franchise or regulations of the railroad commission of the state, governing such locations, the reasonable expense of removal and replacement of same shall be borne by the house mover, provided the person owning or controlling such poles, wires, etc., shall have filed with the building official an estimate of such cost within 48 hours after the time of the service of the notice of application for a building moving permit required by Section 20.24.010.
(Prior code § 6-15)
A house mover shall have the right to appeal to the city council
if he or she believes that the estimate or statement furnished by
any utility or the city for protecting their property on the streets
is excessive. The city council shall hear such matters and determine
whether or not the estimate or statement is excessive, and in case
it finds it to be so, the city council shall fix such sum as it deems
adequate for such house mover to deposit, and the sum so fixed by
the city council shall be deducted by the building official from the
money deposited by the applicant in lieu of the estimate or statement
and paid to the claimant.
(Prior code § 6-16)
Any moved building shall be altered or repaired so that it shall
conform in all respects with the city building code within ninety
days from date of issue of the building permit; except, that where
unusual conditions exist, the applicant may request a longer period
at the time of submitting the application for a house moving permit.
The extended time shall be considered and approved or denied by the
planning commission at the public hearing at which moving of the building
referred to is considered.
(Prior code § 6-17)
In the event of default of conditions provided in a house moving permit required by Section 20.24.010, the building official shall notify the principal and surety on the bond required in this chapter. Notice shall include a statement as to work yet to be done, the estimated cost thereof and the period deemed by the building official to be necessary to complete the work.
(Prior code § 6-18)
Upon receipt of notice of default of conditions in a house moving
permit the surety on the required bond shall, within the time specified
therein cause the work to be performed or failing to do so shall pay
over to the building official the estimated cost specified in the
notice for completion of the work. The building official then, by
any means deemed convenient, shall cause the work to be completed,
but no liability shall be incurred therefor other than for the expenditure
of the sum in hand.
(Prior code § 6-19)
In the event of default of conditions of a house moving permit, required by Section 20.24.010, where a cash bond has been placed, the building official shall, after notifying the principal, use the cash deposit to complete the work as required. Any portion of the deposit remaining shall be returned to the depositor after deducting the cost of work plus twenty-five percent thereof.
Should any cash deposit made by the principal be inadequate
to pay the respective claims, then the bonds provided for in this
chapter shall be subject to such payment and shall insure the same.
(Prior code § 6-20)
When default of the conditions of a house moving permit has
occurred, the surety may have the option of completing the work or
demolishing the building or structure and cleaning up and restoring
the site. If the surety default or cash deposit has been placed in
lieu of a bond, the building official shall have the same option.
(Prior code § 6-21)
The house moving contractor shall clean up the site from which
any building is removed. He shall remove all foundations and debris,
shall leave the site smooth and clean, free from holes and debris,
and shall disconnect utility lines and cap them at the property line.
(Prior code § 6-22)
