Chapter 15.65
HOUSE MOVING
Sections:
15.65.020 Application for permit.
15.65.040 Duty of owner of poles or wires.
15.65.060 Duty of the Director of Public Works.
15.65.080 Applicant to furnish bond.
15.65.010 Permit required.
No person, firm or corporation shall move, haul or transport any house, building, derrick, or other structure, when loaded for movement over the surface of the highway, road, street or alley, upon, across, or over any public highway, road, street or alley in the City of Gardner, Kansas, upon which public highway, road, street or alley, any telephone, telegraph, electric light, or electric power lines or other aerial facilities are in place, without first obtaining a permit therefor, as hereinafter provided. (K.S.A. 17-1914) (Ord. 1239 § 2. Code 1990 § 4-701)
15.65.020 Application for permit.
All applications for permits required under GMC 15.65.010 shall be made to the City of Gardner, Kansas. Such application shall state whether it will be necessary to cut and move, raise, or in any way interfere with any wires, cables, or other aerial equipment of any public or municipally owned utility and the time and location that the applicant’s moving operation shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities. The schedule of permit fees shall be established by the Governing Body by resolution. (K.S.A. 17-1915) (Ord. 2349 § 8; Ord. 1909 § 5. Code 1990 § 4-702)
15.65.030 Duty to notify.
The applicant shall, upon the issuance of such permit, if the application states that it will be necessary to cut and move, raise or in any way interfere with any wires, cables, or other aerial equipment of any public or municipally owned utilities, give not less than 15 days’ written notice to the public or municipally owned utility owning or operating such wires, cables or other aerial facilities, or to their agents, of the intent to move a structure, giving the time and location of the applicant’s moving operations. Should the moving operation be delayed, then the applicant shall again give the public or municipally owned utility not less than 24 hours’ advance notice of the actual operation. (K.S.A. 17-1916) (Ord. 1239 § 2. Code 1990 § 4-703)
15.65.040 Duty of owner of poles or wires.
It shall be the duty of any public or municipally owned utility owning or operating such wires, cables or other aerial equipment after service of notice, as required in GMC 15.65.030, to furnish competent workmen or linemen to remove, raise, or cut such wires, cables or other aerial equipment as will be necessary to facilitate applicant’s moving operations. (K.S.A. 17-1917) (Ord. 1239 § 2. Code 1990 § 4-704)
15.65.050 Expense.
All necessary expense which is incurred by or on behalf of any public or municipally owned utility for cutting, raising, removing, or otherwise facilitating the moving operation of the applicant shall be paid by the applicant to each public or municipally owned utility concerned. The expense for cutting, raising, removing or otherwise facilitating the moving operations of the applicant of any municipally owned utility shall be calculated on the basis of the costs of labor, equipment and materials as established by the City of Gardner, Kansas, and in effect at the time of the moving operation. (K.S.A. 17-1917) (Ord. 1239 § 2. Code 1990 § 4-705)
15.65.060 Duty of the Director of Public Works.
It shall be the duty of the Director of Public Works, from time to time, to inspect the progress of moving any house or other structure and see that said house or other structure is being moved in accordance with the provisions of this chapter. (Ord. 1239 § 2. Code 1990 § 4-706)
15.65.070 Duty of mover.
It shall be the duty of any person, firm, or corporation moving any of the structures mentioned in GMC 15.65.010 upon, across or over any public highway, road, street or alley in the City of Gardner, Kansas, to display proper warning lights thereon, in such a manner as to show the extreme height and width thereof from 30 minutes after sunset to 30 minutes before sunrise. (Ord. 1239 § 2. Code 1990 § 4-707)
15.65.080 Applicant to furnish bond.
The City of Gardner, Kansas, or any public utility may require the applicant to furnish the City or the public utility an appropriate bond or other surety agreement ensuring the payment of all expenses incurred as a result of the applicant’s moving operation. (K.S.A. 17-1917) (Ord. 1239 § 2. Code 1990 § 4-708)
15.65.090 Penalty.
Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than $100.00 or by imprisonment in County Jail for not more than 60 days or by both such fine and imprisonment. (K.S.A. 17-1920) (Ord. 1239 § 2. Code 1990 § 4-709)