[HISTORY: Adopted by the City Council of the City of Papillion 12-4-1990 as Ch. 10, Art. 4, Secs. 401 and 402, of the 1990 Code. Amendments noted where applicable.]
Building construction and other construction codes — See Ch. 92.
It shall be unlawful for any person, firm or corporation to move any building or structure for which a building permit is required within the municipality without written permit to do so. Application shall be made to the City Clerk and shall include present and future location of the building to be moved, the proposed route, the equipment to be used and such other information as the Council may require. The application shall be accompanied by a certificate issued by the County Treasurer to the effect that all the provisions regulating the moving of buildings have been complied with on the part of the owner of the real estate upon which said building is presently located.
The applicant for the building permit shall be responsible to notify all owners and occupants of real estate located within 150 feet of the property to which the building is proposed to be moved, of the fact that a permit has been applied for, the address or legal description of the property to which the building is to be moved and the place and date of the public hearing on the permit application. Such notice shall be personally served by written notice thereof at least 10 days prior to the date of the hearing. When such notice cannot be served personally upon such owner and occupants, a written notice of such hearing shall be mailed to such owners and occupants addressed to their last known address mailed by regular United States mail, postage prepaid. The applicant shall file an affidavit with the City Clerk pursuant to this section prior to public hearing.
The City Clerk shall refer said application to the Council for approval and for approval of the proposed route for which said building is to be moved. The Council shall consider said application at a public hearing and notice of the public hearing shall be given one time at least ten days prior to the date of the hearing by publication thereof in a newspaper of general circulation within the city.
Upon approval by the Council the City Clerk shall then issue said permit; provided that a good and sufficient corporate surety bond, check or cash in the amount set by motion of the Council and conditioned upon moving said building without doing damage to any private or municipal property is filed with the City Clerk prior to the granting of any permit.
In the event that it will be necessary for any licensed building mover to interfere with the telephone or telegraph poles and wires or a gas line, the company or companies owning, using or operating said poles, wires or line shall upon proper notice of at least 24 hours, be present and assist by disconnecting said poles, wires or line relative to the building moving operation. All expense of said disconnection, removal or related work shall be paid in advance by the licensee, unless such disconnection or work is furnished on different terms as provided in said company's franchise. Whenever the moving of any building necessitates interference with a water main, sewer main, pipes or wires belonging to the municipality, notice, in writing, of the time and route of said building moving operation shall be given to the various municipal officials in charge of the municipal utility departments who shall proceed on behalf of the municipality and at the expense of the mover to make such disconnections and to do such work as is necessary.
At such time as the building moving has been completed, the municipal police shall inspect the premises and report to the City Clerk as to the extent of damages, if any, resulting from said relocation and whether any municipal laws have been violated during said operation. Upon a satisfactory report from the municipal police the City Clerk shall return the corporate surety bond, cash or check deposited by the applicant. In the event that the basement, foundation or portion thereof is not properly filled, covered or in a clean and sanitary condition, the Council may apply the money deposited for the purpose of defraying the expense of correcting said conditions. If the expense of correcting the hazardous condition is greater than the amount of the deposit set by resolution of the Council as required herein, the Council may recover such excess expense by civil suit or otherwise as prescribed by law.
[Amended 5-5-1998 by Ord. No. 1264]
Any person who violates any of the prohibitions or provisions of section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular section for which the person stands convicted of violating, the penalty for such violation shall be in any amount not exceeding $500 or imprisonment six months, or both said fine and imprisonment at the discretion of the sentencing court.