The term "public utility" as used in this article, shall mean
any person owning or operating any wires, poles, signals, pipelines,
tracks or necessary appurtenances or structures thereto used for general
public service.
(Ord. No. 383, § 1)
For the purpose of this article, buildings or structures to
be moved shall be classified as follows:
Class A: Any building moved on a motor truck.
Class B: Any building, which when loaded on house moving dollies
or rollers, does not exceed 22 feet in height, or 30 feet in width.
Class C: Any building, which when loaded on house moving dollies
or rollers, is more than 22 feet in height, but does not exceed 28
feet in height or is more than 30 feet in width, but does not exceed
40 feet in width.
Class D: Any building, which when loaded on house moving dollies
or rollers, exceeds 28 feet in height or exceeds 40 feet in width.
Class E: Any building, the walls of which are constructed of
brick or concrete, which when loaded on house moving dollies or rollers
exceeds 22 feet in height or exceeds 30 feet in width.
(Ord. No. 383, § 1)
No person shall move or cause to be moved, any building, structure,
or portion thereof on, over, along, or across any public street or
alley so as to interfere in any manner with any real or personal property
of any public utility without the permission and consent of such public
utility being first obtained.
(Ord. No. 383, § 1)
No person shall move or cause to be moved any building or structure
upon, along, or across any public street or alley so as to damage,
break, cut, or trim any trees or shrubs on or along such street or
alley except under the direction of the director of public works.
(Ord. No. 383, § 1)
No person shall move any building or structure or portion thereof
over, on, upon, along, or across any public street, alley, or sidewalk,
without a written permit therefor from the director of public works.
Such permit may be referred to as a housemover's permit.
(Ord. No. 383, § 1)
No housemover's permit required by the preceding section shall
be granted by the director of public works except as follows:
(a)
The
planning commission must have already issued a relocation permit for
the particular building or structure when such a permit is required
by the provisions of this article.
(b)
The
applicant for such permit shall pay the director of public works a
nonrefundable application fee as prescribed in the master fee schedule,
which may be updated by resolution from time to time, for each permit
requested.
(c)
A separate
application, upon a form furnished by the director of public works,
must be filed and a separate permit obtained for the moving of each
separate building or structure or portion of a building or structure.
(Ord. No. 383, § 1; Ord. No. 1103, § 3, 10-27-08)
Each application for each housemover's permit must show:
(a)
The
kind of building or structure to be moved.
(b)
The
street location or other identifying description to which it is proposed
to be moved, and the route over, along, across, and upon which such
building or structure, section or portion thereof, is to be moved.
(c)
The
number of sections in which the building or structure will be moved.
(d)
The
time and date when it is proposed to be moved and within which moving
will be completed.
(e)
Description
of the real property to which it is proposed to move the building
or structure.
(f)
A complete
listing of escort vehicles and safety precautions.
(g)
The
complete identity and address of the applicant.
(Ord. No. 383, § 1)
The director of public works, immediately upon the receipt of
an application for a housemover's permit shall notify the chief of
police and the building department. Upon the filing of an application
for a housemover's permit, the director of public works shall, within
five days thereafter, consider the application and either grant or
deny the same. In granting the application, the director of public
works may make such conditions and restrictions in the moving of such
building as may be reasonably necessary to protect the public peace,
health, and safety of the citizens of the city and to cause the least
possible damage to public streets and alleys, including signs, trees,
street lights, and any other public improvements in the right-of-way,
public utility poles, lines, water mains, gas mains, and like appurtenances.
(Ord. No. 383, § 1)
Whenever any building or structure is proposed to be moved in
more than one section or portion, a separate permit shall be issued
for the moving of each section or portion of such building or structure.
No permit shall authorize the moving of more than one building or
structure or more than one section or portion of any building or structure
in any case where any building or structure is to be moved in two
or more sections or portions.
(Ord. No. 383, § 1)
If in the opinion of the public works inspector, the equipment of the housemover is not sufficient for the work required, or if the street or the use thereof or the property of any public utility will be at any time endangered or damaged by such moving, or if such housemover or his servants or employees at any time violates any of the terms, conditions, or restrictions of the permit referred to in section 5-6.1, either as to the size or dimensions of the building or structure being moved or the route of such moving or otherwise, the inspector shall report such fact to the director of public works, and when properly authorized by the director of public works, the inspector shall be empowered to stop the progress of such moving.
(Ord. No. 383, § 1)
The director of public works shall notify the chief of police
of the time of moving the building through the public streets. If
the chief of police determines that the protection of the public requires
a police escort, he shall provide such escort. If such hours do not
meet with the approval of the police department, it shall be the duty
of the applicant to alter his application to include such hours as
will meet the approval of the police department.
(Ord. No. 383, § 1)
Every building or structure or section or portion thereof moved
over, upon, along or across any street shall be moved under the inspection
and supervision of the director of public works. The director of public
works shall appoint an inspector for the moving of any building or
structure and of each section or portion thereof; provided that in
case two or more buildings or structures or two or more sections or
portions thereof, are being moved at the same time along a route so
situated that one person can inspect the same, only one person shall
be appointed therefore. Such inspection and supervision in each case
shall be for such time as the director of public works shall deem
necessary for the performance of such service and a charge as prescribed
by the master fee schedule, which may be updated by resolution from
time to time, for each hour per person with a minimum charge as prescribed
by the master fee schedule, which may be updated by resolution from
time to time, shall be made for the time required for such inspection
and supervision.
(Ord. No. 383, § 1; Ord. No. 1103, § 4, 10-27-08)
It shall be the duty of the housemover, when required by the
director of public works, to cause boards of sufficient strength to
carry the load without breaking to be placed under all of the rolls
or wheels to serve as a runway for such rolls or wheels during the
movement of any building or structure or section or portion thereof,
along every street improved in any manner. At no time shall such rolls
or wheels be permitted to revolve, except upon such board runway when
the same is required by the director of public works. Class A buildings
may be moved on truck or trailers with rubber tired wheels. Class
B, C, D, and E buildings shall be loaded on rubber tired dollies.
The dollies shall be used where any building or structure is moved
on any unimproved or oiled or gravel street.
(Ord. No. 383, § 1)
The director of public works shall investigate the route designated
in the application for a housemover's permit to ascertain whether
the moving of the building can be made without damage to trees adjacent
thereto. If the moving would damage such trees, he shall prescribe
another route which will not cause such damage. If the moving of the
building requires any tree trimming, such tree trimming shall be performed
by a tree trimmer designated by the director of public works, and
shall be charged at a rate prescribed by the city council in the master
fee schedule, which may be updated by resolution from time to time.
(Ord. No. 383, § 1; Ord. No. 1103, § 5, 10-27-08)
In case of damage to any street by reason of the moving of any
building or structure or section or portion thereof, the director
of public works shall do such work as may be necessary to restore
the street to as good a condition as the same was prior to such damage,
and shall charge the cost thereof to the housemover to whom the permit
was issued for the moving of such buildings or structure or section
or portion thereof.
(Ord. No. 383, § 1)
No application for a housemover's permit shall be granted or
issued until the applicant therefore has deposited with the director
of public works a reasonable deposit to be fixed by the director of
public works depending upon the distance to be traveled in the moving
of the building or structure and the probable hazards to the public
streets and alleys involved. The amount to be deposited by the housemover
shall not be less than a reasonable amount set by city council in
the master fee schedule, which may be updated by resolution from time
to time.
(Ord. No. 383, § 1; Ord. No. 1103, § 6, 10-27-08)
Any person aggrieved by the decision of the director of public
works in carrying out the provisions of this Article may within ten
days after such decision appeal to the city council by filing a written
notice thereof with the city clerk and the city council shall hold
a public hearing on the matter after providing the appellant at least
five days written notice of such hearing, and its decision thereon
shall be final. Such hearing by the city council shall be held within
forty days after receipt of the written notice by the city clerk.
(Ord. No. 383, § 1)
In addition to the deductions referred to in section 5-6.16, there shall be deduction from each deposit provided for in section 5-6.12 of this code, the cost of service of the inspector provided in section 5-6.8, the cost of the tree trimmer, provided for in section 5-6.10, and the cost of repairs, if any, made by the director of public works as provided for in section 5-6.11 of this Code. The remainder of such deposit, if any, shall be refunded to the person making such deposit or to his assigns upon written request. In case a deposit made pursuant to section 5-6.12 of this Code shall not be sufficient to pay the cost of the service of the inspector, tree trimmer and the cost of the repairs, if any, the person making such deposit shall, upon demand, pay to the director of public works a sufficient sum to cover all such costs. Upon failure to pay such sum, it may be recovered by the city in any court of competent jurisdiction.
(Ord. No. 383, § 1)
Should the holder of a housemover's permit allow such building,
structure, or any portion thereof to remain on a public street or
alley for a period in excess of twelve hours without moving the same,
he shall provide adequate barricades and warning devices to the satisfaction
of the director of public works, and he shall pay to the city the
amount set by city council in the master fee schedule, which may be
updated by resolution from time to time for each 12 hours such building,
structure, or portion thereof remains on the public street or alley
within the city and is not moved. Such charges may be deducted from
the deposit required by this division.
(Ord. No. 383, § 1; Ord. No. 1103, § 7, 10-27-08)
Before any application for a relocation permit is approved,
a fee as set by the master fee schedule, which may be updated by resolution
from time to time, shall be paid by the applicant to cover the cost
of the city for the investigation of the condition of the building
to be moved, and the inspection of the proposed location. This application
fee shall be in addition to any regular building permit fee required.
The building permit fee shall be the same as for a new structure of
equal footage. No permit fee shall be required for the moving of temporary
buildings or structures over the public streets or alleys if such
building or structure is to be used for a governmental purpose.
(Ord. No. 383, § 1; Ord. No. 1103, § 8, 10-27-08)
No housemover's permit shall be issued until the planning commission
has first issued to the owner of the premises to which the building
is to be moved, a permit to relocate the building, structure, or portion
thereof upon such premises. Such permit shall be referred to and known
as a relocation permit.
(Ord. No. 383, § 1)
No person shall relocate any building, structure, or portion
thereof upon any premises or the same premises within the city without
a relocation permit from the planning commission.
Exceptions:
(a)
No relocation
permit shall be required if the building or structure is to be moved
to a place located outside the limits of the city or if the building
or structure is to be used by governmental agencies for a governmental
purpose.
(b)
No relocation
permit shall be required if the building or structure is to be moved
to a location for use as a temporary structure required during the
course of construction work.
(c)
No relocation
permit shall be required in order to relocate on the same lot an accessory
building or structure not exceeding four hundred square feet in area,
provided the planning director, after investigation first finds in
writing that such relocation will not be likely to cause detrimental
effects upon adjacent property. A copy of such written findings shall
be filed with the superintendent of buildings and safety.
(d)
No relocation
permit shall be required for the placement of a structure temporarily
on the premises of a legitimate house moving business where temporary
placement is for the purpose of resale of such structure. Temporary
replacement is defined to mean placement for a period not to exceed
ninety days. No such temporary placement shall exceed ninety days
unless an extension of time is granted by the planning commission
for good and sufficient cause.
(e)
All
relocations in any case shall be required to have a plumbing permit.
(Ord. No. 383, § 1)
An application for a permit under this section shall be made
on a form prescribed for such purposes by the city. The following
information shall be filed with the planning commission at the time
the application is made:
(a)
The
location and address of the existing structure.
(b)
The
location and address of the proposed new site.
(c)
The
plot plan of the new site showing the proposed location of the building
to be relocated as well as an indication of all existing structures
and improvements on the lot, on the adjacent lots on all sides.
(d)
Plans
and specifications for the proposed improvements of the building,
including landscaping treatment.
(e)
Photographs
of all elevations of the structure to be moved, and photographs of
the site on which the structure is to be moved, and photographs of
buildings on adjacent properties to the proposed site.
|
Such application shall be filed with the community development
department accompanied by an application fee as prescribed by the
master fee schedule, which may be updated by resolution from time
to time, for a main building or structure or any accessory building
which has a gross floor area in excess of four hundred square feet.
For all applications covering only accessory buildings which have
a gross floor area less than four hundred square feet, the fee accompanying
such application shall be prescribed by the master fee schedule, which
may be updated by resolution from time to time. The application fee
shall be in addition to the regular building permit fee required by
the Building Code. For the purpose of this section, the terms "main
building or structure" and "accessory building" shall have the meaning
ascribed to them by the zoning ordinance.
|
(Ord. No. 383, § 1; Ord. No. 1103, § 9, 10-27-08)
Each applicant shall pay a sum of money as prescribed by the
master fee schedule, which may be updated by resolution from time
to time, per mile for each mile traveled by the building inspector
or other city official in going to and returning from the location
of the building or structure to be relocated. A charge as prescribed
in the master fee schedule, which may be updated by resolution from
time to time, for each hour for each person, shall be paid for the
time required for each building inspection. A minimum charge set by
the master fee schedule, which may be updated by resolution from time
to time, shall be made for such building inspection of the building
or structure to be relocated.
(Ord. No. 383, § 1; Ord. No. 1103, § 10, 10-27-08)
Before the planning commission may recommend approval of an
application for a permit for the moving of building or structure,
there shall be a public hearing upon providing the applicant at least
five days written notice of same, and there shall be a finding that
such moving shall not have a detrimental effect on the living environment
and property values in the area into which the structure is to be
moved.
Before approving such application, the planning commission shall
also make the following determinations:
(a)
That
the building is in conformity with the architectural style and the
quality of existing buildings within the area in which it is proposed
to be moved.
(b)
That
the proposed building shall not be less in value when moved and remodeled
than the fair market value of the highest one-third of the buildings
within the immediate area. The immediate area shall be determined
by the planning commission, but in no instance shall be less than
five hundred feet from the exterior boundary of the proposed site
on which a building is to be moved.
(c)
That
the proposed relocation will in no way be detrimental to surrounding
property or to the living environment of the area.
(d)
That
the proposed location will comply with lot area, required yard, setbacks,
and all other provisions of the zoning ordinance of the city, including
fire zones.
(e)
That
all dedication and improvements required for streets and alleys including
sidewalks, curbs, and gutters, necessary for access to the property
upon which the structure is to be located are provided in conformity
with the standards of the city.
|
In order to determine any of the matters presented by the application
for relocation permit, the planning commission may cause to be made
any investigation it deems necessary.
|
(Ord. No. 383, § 1)
No relocation permit shall be issued to relocate any building
or structure which is so constructed or is in such condition as to
be dangerous, which is infested with pests, which is unsanitary, which
is unfit for human habitation, which is so dilapidated, defective,
unsanitary, unsightly, or in such a condition of deterioration or
disrepair that its relocation at the proposed site would cause appreciable
harm to or be materially detrimental to the real property and improvements
in the district within a radius of one thousand feet from the proposed
site. Nor shall such permit be granted if the proposed use of the
building when relocated is prohibited by the zoning laws of the city,
or if the building is of a type prohibited at the proposed location
by any section of this Code or any other ordinance. The building must
meet all the requirements of a new building and conform to the general
construction, design, class, size, in value of the neighboring buildings.
If, in the opinion of the building superintendent, the building can
be practicably and effectively repaired, a permit to relocate may
be granted upon such terms and conditions as the planning commission
may determine. If the unlawful, dangerous or defective condition of
the building or structure proposed to be relocated is such that repair
or correction cannot practicably and effectively be made, the permit
shall be denied.
(Ord. No. 383, § 1)
The planning commission may, in granting any relocation permit,
impose thereon such terms and conditions as it may deem reasonable
and proper, including but not limited to, the requirements of changes,
alterations, additions or repairs to be made to or upon the building
or structure to the end that the relocation thereof will not be materially
detrimental or injurious to the public safety, public welfare, or
to the property and improvements of either in the district in which
it is to be moved.
(Ord. No. 383, § 1)
Before a permit for the relocation of any building is issued
pursuant to this article, a building permit shall be applied for and
approved and a bond posted with the city and approved. The building
permit shall be computed in the same manner and amount as in the case
of new construction within the city. The bond posted with the city
shall be in an amount estimated by the building superintendent to
cover the cost of required improvements to bring the building up to
standards of the Building Code of the city adopted by this chapter
and shall be conditioned among other things, upon guaranteeing completion
of required improvements on or before the one hundred eightieth day
from the date of issuance of the relocation permit. If the site vacated
by removal of a building pursuant to this article is within the city,
the bond shall also cover the costs involved in cleaning up the vacated
site, restoring it to a safe and sightly condition and estimated legal
fees.
(Ord. No. 383, § 1)
Prior to occupancy, any building moved pursuant to this article
shall be brought up to the standards of the building code of the city
adopted by this chapter for a new building and shall be painted, refurnished
and maintained at that standard.
(Ord. No. 383, § 1)
Any person aggrieved by the decision of the planning commission
in carrying out the provisions of this article, may within 10 days
after such decision appeal to the city council by filing a written
notice thereof with the city clerk and the city council shall hold
a public hearing on the matter after providing the applicant at least
five days written notice of such hearing and its decision thereon
shall be final. Such hearing by the city council shall be held within
40 days after receipt of the written notice by the city clerk.
(Ord. No. 383, § 1)
