As used in this chapter, the following words have the meaning set out below:
"Building"
means an existing structure removed from its foundation which is used or intended for sheltering any use or occupancy.
"Building permits"
include all permits necessary to make a building capable of being legally used or occupied. The permits include those required for work subject to the State Building Code (as that term is defined at ORS 455.010) including but not limited to all specialty codes including structural, plumbing, electrical, dwelling, heating and ventilating. In addition, the term includes permits necessary for sewer, water and erosion control.
"City"
means the city of Happy Valley.
"Manager"
means the city manager for the city of Happy Valley or his/her designate.
"Occupancy"
is the purpose for which a building or part thereof is used or intended to be used.
"Owner"
is any person, agent, firm or corporation having a legal or equitable interest in property or a building.
"Person"
includes any individual, firm, association or corporation of any kind or nature capable of owning real or personal property.
"Right-of-way"
is that area between property lines comprising a street, alley, pedestrian walkway, bike path, easement or other area essentially unobstructed from the ground to the sky deeded, dedicated or otherwise permanently appropriated for public use and having a width of not less than 10 feet.
"Structure Moving Permit" or "SMP"
is that permit issued by the city for the transport of a building over city rights-of-way.
(Ord. 245 § 1, 2002)
It is unlawful for any person to move any building over any city right-of-way or to occupy any portion thereof without first obtaining a structure moving permit. A separate SMP shall be required for each building proposed to be moved.
(Ord. 245 § 1, 2002)
A. 
Application for a structure moving permit shall be on a form approved by the city, signed by the building's owner or authorized agent and shall include (at a minimum) information on the following:
1. 
Applicant's name, address and telephone number;
2. 
The assessor's tax map and lot number upon which the building is currently located (if within the city limits);
3. 
The size (square footage) of the building proposed to be moved;
4. 
The building's occupancy group and/or rating;
5. 
The proposed use of the building at the new location in the city;
6. 
The assessor's tax map and lot number to which the building is proposed to be moved, that property's zoning and ownership (both legal and equitable) if within city limits;
7. 
The route proposed to be taken during the move;
8. 
The length of time required for moving the building;
9. 
Whether building permits have been applied for, approved and obtained; and
10. 
The name and address of the owner of the building if different than the applicant.
11. 
The name and address of the property owner if different than the applicant.
B. 
Each application shall be accompanied by an application fee which shall be nonrefundable and is in addition to the structure moving permit fee and the financial guarantee referenced in 15.28.020. The amount of the application fee and structure moving permit fee shall be established by the council in a separate resolution.
(Ord. 245 § 1, 2002)
A. 
The manager shall review the application and verify, if appropriate, that all relevant building permits have been obtained, that the zoning at the proposed relocation site allows for the building's proposed use and that all appropriate fees have been paid. Thereafter, the manager shall, in consultation with the public works director determine whether the route proposed by the applicant is satisfactory and if not, will inform applicant. The applicant shall then provide an alternative route for review by the manager.
B. 
No structure moving permit may be issued until the applicant has filed with the city a policy or certificate of insurance naming the city, its councilors, officers, agents, and employees as additional named insureds in a minimum amount of $500,000 for injury to one person, one million dollars ($1,000,000.00) for personal injuries from one accident and at least $50,000 for property damage. Any insurance shall also contain a provision that it is not cancelable during the term of the permit.
C. 
No structure moving permit shall be issued until applicant has deposited with the city a financial guarantee (in a form approved of by the city) in a sum sufficient to cover the city's cost of preparing for the building move and for the repairs, restoration or replacement of the city's rights-of-way or the improvements located therein or adjacent thereto arising from the moving operation. If the cost exceeds the amount reflected in the financial guarantee, the applicant shall promptly provide the additional monies to the city.
D. 
Provided the manager is satisfied that the zoning of the proposed site for the building's location allows for its use or occupancy there and that evidence of all appropriate permit fees, insurance, financial guarantees, building permits and moving route have been either obtained or approved, the manager is authorized to issue the structure moving permit to applicant. The permit shall reference the regulations set out below and may include other conditions deemed by the manager to be reasonable and necessary for the protection of the city's right-of-way and other facilities (regardless of ownership) that may be impacted by the building's movement along the rights-of-way. The manager shall keep a copy of the permit issued along with evidence that the other necessary requirements have been obtained or provided to the city.
(Ord. 245 § 1, 2002)
A. 
The moving of a building or structure shall be a continuous day-by-day operation occurring only during the hours specified by the city in the moving permit.
B. 
The move shall continue until complete so as to ensure the least possible obstruction to city rights-of-way and other users thereof.
C. 
It is unlawful to move a building or structure under a permit and leave said building (or any portion thereof) stationary in the right-of-way for a period in excess of two hours during the hours specified in the moving permit unless an emergency exists by reason of unforeseen difficulties encountered in cutting wires, trees, or removing obstructions in the course of the route selected.
D. 
All movement in the right-of-way must be completed within an elapsed time of 12 hours unless application is made for a longer period of time and permission specifically is granted by the manager prior to the commencement of the move. In the event unforeseen difficulties are encountered and an extension of time is necessitated thereby, the manager may extend the 12 hour requirement by the additional time he/she believes necessary.
E. 
Lights and other warning devices sufficient to warn and protect traffic shall be displayed in conspicuous places at or on a building being moved during the hours in which street lights are lighted. Additional warning devices may be required if the manager finds those displayed by the permittee to be insufficient.
(Ord. 245 § 1, 2002)
A. 
When overhead wires or other aerial facilities in any right-of-way designated in a permit for moving a building or structure might interfere with the moving operation. Applicant shall give the owner of the wire or other aerial facility a minimum of 96 hours written notice that he/she desires to have the aerial facility/wire temporarily removed or rearranged so as to accommodate the building's move. Applicant must provide the city with proof facilities owners have been notified.
B. 
Applicant shall either pay or tender to the owner of the aerial facility or wire the amount estimated by the owner to be necessary to remove, rearrange and/or replace the same.
C. 
When the city owns the facility, the cost of temporary removal and replacement shall be included in the deposit prerequisite to permit, as provided in this chapter.
D. 
If applicant disputes the amount demanded by the owner as the advance or tender, the amount shall be determined by the manager. Applicant shall pay the actual expense of removing and replacing the wire, and as soon as the actual expense can be determined, applicant shall immediately pay any deficit and the owner shall refund any surplus. Upon receipt or tender of the amount estimated or the amount fixed by the manager in case of dispute, the owner of the wire shall remove it in time to permit the passage of the building or structure without unnecessary delay.
(Ord. 245 § 1, 2002)