Chapter 14.24
MOVING BUILDINGS

Sections:

14.24.010    Definitions.

14.24.020    Moving from one lot to another – Permit required.

14.24.030    Moving from one lot to another – Permit – Filing fee.

14.24.040    Notice.

14.24.050    Approval.

14.24.060    Indemnification – Insurance.

14.24.070    Design committee action.

14.24.080    Responsibilities of permittee.

14.24.090    Hearings – Procedure.

14.24.100    Enforcement – Original premises condition.

14.24.110    Moving through city over streets – Permit required – Regulations.

14.24.120    Enforcement – Street condition.

14.24.010 Definitions.

For the purposes of this chapter, certain terms used in this chapter are defined as follows:

A. “Building” means a structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. A building of ten feet or less in width, length or height shall not be deemed as coming under the regulations of this chapter.

B. “Building inspector” means the building inspector of the city. (Ord. 455 § 1(part), 1987).

14.24.020 Moving from one lot to another – Permit required.

No person shall move a building from one lot within the city onto another lot within the city or from a lot outside the city onto a lot within the city without first obtaining a permit from the city council. (Ord. 455 § 1(part), 1987).

14.24.030 Moving from one lot to another – Permit – Filing fee.

The filing fee shall be in the amount of one hundred forty dollars. (Ord. 455 § 1(part), 1987).

14.24.040 Notice.

Upon receipt of an application, the building inspector shall post the site upon which the building is to be moved and shall post the area surrounding the subject property for a distance of three hundred feet with a days prior to any public hearings required under this chapter. At least one public hearing shall be conducted by the planning commission and one by the city council, and notice thereof shall be given ten days in advance of each such hearing. At the public hearing any person may appear to support or object to the granting of the permit. (Ord. 455 § 1(part), 1987).

14.24.050 Approval.

The applicant shall present evidence of approval of moving by the police department, fire department, city engineer, public utility companies and building inspector prior to posting any notices under this chapter and also prior to setting the application for public hearings. No such public hearing shall be held until all approvals have been filed with the application.

The building inspector’s report shall be based upon the following standards, and prior to his approving the application, the following standards may be cause for disapproval:

A. Any application requirement of any fee, deposit or insurance requirement has not been complied with;

B. The building is too large to move without endangering persons or property in the city;

C. The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that is could not be moved without endangering persons and/or property in the city;

D. The building is structurally unsafe or unfit for the purpose for which moved if the removal location is in the city;

E. The applicant’s equipment is unsafe and that persons and property would be endangered by its use;

F. Zoning or other provisions of this code would be violated by the building in its new location; or

G. For any other reason persons or property in the city would be endangered by the moving of the building or it shall be determined by the city council that the moving would be detrimental to the health, safety and welfare of the people of the city. (Ord. 455 § 1(part), 1987).

14.24.060 Indemnification – Insurance.

An application for a moving permit shall be accompanied by a cash deposit or bond in the sum of two thousand dollars per house as an indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire hydrant or other property of the city, which may be caused by or be incidental to the removal of any building over, along or across any street in the city and to indemnify the city against any claim of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the city. The deposit shall also be used to guarantee completion of any house-moving undertaken, from the initial moving to the final setting of such building on its foundation at destination and compliance with all conditions of the permit.

The applicant shall present evidence before issuance of a house-moving permit by the building inspector of public liability and property damage insurance in the amount of two hundred thousand dollars. (Ord. 455 § 1(part), 1987).

14.24.070 Design committee action.

Whenever a permit is applied for to move a building over a public street and the final location or site upon which the building is to be placed is within the city, the request for a permit shall be referred to the planning commission to ascertain whether the structure upon its new site will be in conformity with the zoning, subdivision, or other provisions of this code which may be applicable. (Ord. 455 § 1(part), 1987).

14.24.080 Responsibilities of permittee.

Every permittee under this chapter shall:

A. Move a building only over streets designated for such use in the written permit;

B. Notify the building inspector, fire department, police department, and city engineer in writing of a desired change in the moving date and hours as proposed in the application;

C. Notify the building inspector in writing of any and all damage done to property belonging to the city within twenty-four hours after the damage or injury occurred;

D. Cause red lights to be displayed during the nighttime on every side of the building while standing or moving on a street in such manner as to warn the public of the obstruction and shall at all times erect and maintain barricades from damage or injury by reason of the removal of the building;

E. Comply with all applicable provisions of this code upon relocating the building in the city;

F. Pay the expense of such police protection as may be required during the occupancy of the public property to protect the public from any damage;

G. Remove all rubbish and materials and fill all excavations to existing grade at the original building site if the site is within the city so that the premises are left in a safe and sanitary condition; and

H. See that the sewer line is plugged with an approved stopper. (Ord. 455 § 1(part), 1987).

14.24.090 Hearing – Procedure.

A. The planning commission at its public hearing under this chapter shall review and application, all required reports submitted under this chapter, and such evidence as may be submitted, either oral or documentary. The planning commission shall recommend to the council either the approval or disapproval of the application or may recommend the application subject to such conditions as the planning commission may prescribe, including, but not limited to, design control.

B. No such application shall be approved if the planning commission finds that the exterior architectural appeal and functional plan of the proposed site will, when erected, not be so variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood as to cause a substantial depreciation in the property values of the neighborhood, or to be otherwise detrimental to the neighborhood. Further consideration shall be given by the planning commission in reviewing the application to any storm drainage and surface water runoff problems which may be created.

C. The council at its public hearing shall review the application and all plans, drawings, records and other data transmitted by the planning commission. The council may sustain, modify or reject the planning commission’s recommendations, without need for further referral to the planning commission. (Ord. 455 § 1(part), 1987).

14.24.100 Enforcement – Original premises condition.

A. The building inspector and the police department shall enforce and carry out the requirements of this chapter.

B. The city shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition when the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the permittee’s deposit and/or bond.

C. The permittee shall be liable for any expense, damage or cost in excess of deposited amounts or securities, and if not paid, the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such amounts which exceed the deposit. (Ord. 455 § 1(part), 1987).

14.24.110 Moving through city over streets – Permit required – Regulations.

A. Application. No person shall move a building over, along or across any street or highway within the city without first securing a permit from the building inspector. The application shall be made in writing upon forms provided by the building inspector and shall be filed in his office. It shall set forth:

1. Evidence of public liability and property damage insurance in the amount of two hundred thousand dollars;

2. The proposed moving date and hours;

3. The proposed route over which the building will travel;

4. Indemnification insurance; and

5. Such additional information as the building inspector may require.

The application shall be accompanied by a permit fee in the amount of ten dollars.

B. Responsibilities of Permittee. Every permittee under this chapter shall:

1. Move a building only over streets designated for such use in the written permit;

2. Notify the building inspector, fire department, police department and city engineer in writing of a desired change in the moving date and hours as proposed in the application;

3. Notify the building inspector in writing of any and all damages done to the property belonging to the city within twenty-four hours after the damage or injury has occurred;

4. Cause red lights to be displayed during the nighttime on every side of the building while standing or moving on a street in such a manner as to warn the public of the obstruction, and at all times erect and maintain barricades across the street in such a manner as to protect the public from damage or injury by reason of the moving of the building; and

5. Pay the expense of such police protection as may be required during the occupancy of the public property, to protect the public from any damage. (Ord. 455 § 1(part), 1987).

14.24.120 Enforcement – Street condition.

A. The building inspector and the police department shall enforce and carry out the requirements of this chapter.

B. The city shall proceed to do the work necessary to leaving the street in a safe and sanitary condition when the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the permittee’s deposit and/or bond. (Ord. 455 § 1(part), 1987).