TITLE 15. BUILDINGS AND CONSTRUCTIONTITLE 15. BUILDINGS AND CONSTRUCTION\Chapter 15.16 MOVING BUILDINGS

It is unlawful for any person to move any building or structure into the city or upon, across or over any street, alley or sidewalk in the city, or to remove and relocate any building or structure within the city, unless a permit so to do has been issued pursuant to this chapter.

(Ord. 511 § 1, 1967)

A.    Not less than forty-eight hours prior to the moving or relocation of any building or structure, the owner of the building or structure shall make application for the permit required by this chapter. The owner of the premises where it is proposed to move or relocate the building or structure, if not the owner of the building or structure, shall join in making the application.

B.    The application shall be filed with the city clerk, and shall include the following information:

1.    The name and address of the owner of the building and of the premises to which it is proposed to be moved or relocated;

2.    The dimensions of the house, building or structure, and the height at its highest point when loaded for moving;

3.    The legal description and street number, if any, of the premises to which and from which the building or structure is to be moved or relocated;

4.    The proposed use or purpose of the building or structure, and plans and specifications for rendering the building or structure suitable for such use or purpose and bringing same to the prescribed standards of this chapter and the building, electrical and plumbing ordinances of the city;

5.    The day and hour the moving is to commence;

6.    An estimate of time for completion of occupancy or utilization;

7.    The route over the city streets to be used in moving the house, building or structure;

8.    If it is necessary to cut down or move any poles or to raise, cut or in any way interfere with any wires or cables, or to cut or trim any trees, or to remove any street signs, the application shall so state, and give the names of the owners of all such property, and state when and where the cutting, moving or raising will be necessary;

9.    All other information necessary to show intention and ability to comply with all applicable laws and ordinances.

(Ord. 511 § 2, 1967)

The fee for a permit required by this chapter, which fee shall accompany the permit application, shall be in the sum of five dollars. Payment of such fee shall not relieve the person paying the same from prosecution for violating any provisions of this chapter.

(Ord. 511 § 3, 1967)

At the time of filing an application for a permit under this chapter, the applicant shall deposit the sum of fifty dollars, cash or certified check, with the city manager. The conditions of the deposit shall be that, if the applicant shall faithfully perform in accordance with the application, the permit and all applicable laws and ordinances, the deposit shall be returned to the applicant; but, on failure so to perform, the deposit shall be forfeited to the city as liquidated damages, and such forfeiture shall neither bar punishment for violation of such laws and ordinances, nor any means of enforcement of same which would be otherwise available.

(Ord. 511 § 4, 1967)

The city manager shall examine the application for a permit under this chapter and promptly upon the filing of same, and if such application is in due form and it appears that the information contained in the application is true, he shall issue the permit, subject to the ternl1S and conditions set out in the application. Such permit shall state thereon the duration of time for which the permit shall be valid from the date of issuance.

(Ord. 511 § 5, 1967)

The city manager shall examine the proposed route to be used in moving any building or structure and, if it shall appear that another route may be used equally well and with less danger to streets and travel, he may designate such other route as the one to be used.

(Ord. 511 § 6, 1967)

The city manager shall give at least twenty-four hours’ notice to each person owning or operating any poles, wires or cables that will have to be cut, moved or raised for the purpose of moving a building or structure pursuant to a permit under this chapter. Such notice shall state when and where it will be necessary to cut, remove or raise such poles, wires or cables. It shall be the duty of the person owning or operating any poles or wires, after the service of the notice, to furnish sufficient and competent linemen or workmen to remove such poles, or raise or cut such wires as will be necessary to facilitate the moving of a house or structure pursuant to a permit issued under this chapter. The necessary expense which is incurred thereby shall be paid by the holder of the permit.

(Ord. 511 § 7, 1967)

Before moving or relocating a building or structure, as authorized by a permit issued under this chapter, the permittee may surrender the permit, with notation to the effect thereon dated and signed by him, and thereupon the city clerk shall cause the cash deposit to be returned.

(Ord. 511 § 8, 1967)

The city manager or any police officer of the city shall have the right at all times to halt the moving of any structure over, along or upon any of the streets, alleys or other public grounds of the city, when such moving is being done in a dangerous, careless or inefficient manner, and it is hereby made their duty to halt the moving until such lack of proper method has been corrected.

(Ord. 511 § 9, 1967)

The holder of a permit issued under this chapter shall notify the city manager of the completion of the moving work. Within a reasonable time after receipt of such notice, the city manager shall make such inspections of the building or structure and of the premises and work done pursuant to the permit. If it appears to the city manager that, within the duration of the permit, there has been compliance with the permit and applicable laws and ordinances, he shall cause the cash deposit to be returned to the permittee.

(Ord. 511 § 10, 1967)

A.    If the city manager believes that any person holding a permit under this chapter to move or relocate a building or structure has violated the provisions of this chapter, or any other applicable law or ordinance the city manager shall make a written report thereof to the governing body, which, by resolution, shall set the time and place for a hearing as to the report, and as to forfeiture of the cash deposit provided for in this chapter. The governing body shall give proper notice of the time and place and purpose of the hearing to the permittee personally or by registered mail, at least five days prior to the hearing.

B.    At the time and place specified for the hearing, the governing body shall hear the evidence, including evidence on behalf of the permittee, and may continue the hearing or adjourn the same from time to time. After hearing the evidence, the governing body shall decide whether there has been such violation.

1.    If the decision is either that there has been no violation, or that such violation may be rectified, the permittee shall have the right and duty to proceed to complete any unfinished work, according to the permit, and correct such violations as there may have been, and upon the completion thereof the cash deposit shall be returned to the permittee.

2.    If the decision upon any hearing shall be that a violation has been committed and the permittee cannot rectify the violation or refuses to do so, the governing body, by resolution, shall declare the amount of the cash deposit provided for in this chapter forfeited and direct action to be taken to recover such amount for the city.

C.    The forfeiture of the amount of the cash deposit shall exclude neither the prosecution of the permittee for the violation, nor any means otherwise available to compel compliance with applicable laws and ordinances.

(Ord. 511 § 11, 1967)