Chapter 8.04
MOVING OF BUILDINGS
Sections:
8.04.010 Definitions.
8.04.020 Permit Required.
8.04.030 Application; Fee.
8.04.040 Inspection.
8.04.050 Utility Installations.
8.04.060 Performance Bond.
8.04.070 Issuance of Permit.
8.04.080 Conditions of Permit.
8.04.090 Liability.
8.04.100 Equipment.
8.04.110 Continuity.
8.04.120 Litter.
8.04.130 Movement on State Highways.
8.04.140 Revocation.
8.04.150 Violation.
8.04.010 Definitions.
For the purposes of this ordinance, the following mean:
Building – A building that exceeds eight feet in width, or as loaded for moving, extends upward more than 13.5 feet from the ground.
City engineer – The city engineer or the city engineer’s designee responsible for enforcing this ordinance.
Street – Highway, road, street or alley as defined in ORS 487.005(l) and (8).
This ordinance – BC 8.04.010 through 8.04.150
8.04.020 Permit Required.
A. No person shall move a building across or along a street without first applying for and obtaining a permit under this ordinance.
B. No person shall move a building across or along a street in violation of a provision of this ordinance or of the provisions of the permit issued under this ordinance.
8.04.030 Application; Fee.
A. Application for a permit to move a building shall be made to the city engineer on forms provided by the city engineer and shall include the following information:
1. the name and address of the person who owns the building.
2. the name and address of the person engaged to move the building.
3. the location from which the building is proposed to be moved and its zoning classification;
4. the proposed new site of the building and its zoning classification;
5. the proposed route for moving the building.
6. the dimensions, type of construction and approximate age of the building;
7. the use or purpose for which the building was designed;
8. the use or purpose to be made of the building at its new location;
9. the proposed moving date and hours;
10. any additional information the city engineer considers necessary for a fair determination of whether the permit should issue.
B. An application shall be signed by the owner of the building to be moved or by the person engaged to move the building.
C. The permit shall not be issued until the applicant pays a permit fee to defray the costs of issuing the permit. The amount of the fee shall be set by Council resolution.
8.04.040 Inspection.
After receiving the application, the city engineer shall inspect the building, the new site proposed for it if located in the City, and the route proposed for moving it.
8.04.050 Utility Installations.
The permit shall not be issued unless the applicant submits signed statements from the owners of the electric wires and poles and other utility installations along the route on which the building is to be moved:
1. that the moving will not interfere with or endanger the installations; or
2. that the applicant has made arrangements to the satisfaction of the owners for protecting the installations, paying for whatever damage the moving causes them, and reimbursing the owners for any costs of removal and reinstallation of the installations that the moving necessitates.
8.04.060 Performance Bond.
The permit shall not be issued until the applicant furnishes the City a performance bond executed by the applicant and a surety company authorized to do business in this State and approved as to form and amount by the city attorney. The bond shall guarantee that the applicant will:
A. Conform to all requirements imposed by the City relating to the moving of the building; and
B. Promptly repair and make good to the satisfaction of the City any damage to pavement, sidewalks, hydrants, sewers, water lines, streets, alleys, or other public or private property done or caused by the applicant, the applicant’s servants or employees in moving a building; and
C. Within three months after the permit is granted, if the relocated building will be relocated within the City limits, have the relocated building ready for occupancy and use in accordance with the building and zoning regulation of the City in effect at the time the permit is issued.
8.04.070 Issuance of Permit.
The city engineer shall issue the permit applied for if:
A. The application complies with the requirements of this ordinance;
B. The moving can be accomplished without damage to property or, in case of damage to the property, it is consented to by the owner of the property or is to be paid for to the owner’s satisfaction;
C. The building at its new site, if within the City, will conform to the requirements of the Development Code;
D. The Board of Site and Design Review determines that the building at its new site, if within the City, is not detrimental to the general character, attractiveness and welfare of the neighborhood of the new site; and
E. All requirements of BC 8.01.010 through 8.01.090 and 8.02.005 through 8.02.130 have been complied with.
8.04.080 Conditions of Permit.
The permit shall specify:
A. The route for moving the building;
B. The time within which the moving is to be completed; and
C. Whatever additional conditions the city engineer considers necessary to minimize the obstruction of traffic, protect property, and protect the public safety and welfare.
8.04.090 Liability.
The permit shall not constitute an authorization for damaging property. The permit shall not constitute a defense against any liability the permittee incurs for personal injury or property damage caused by the moving.
8.04.100 Equipment.
Equipment used to move buildings along or across the public streets of the City shall be equipped with pneumatic tires, which shall be the only part of the equipment to come in contact with the surfaces of the streets, except planking as required by the city engineer. The city engineer may require the permittee to proceed on planking of specified dimensions when the city engineer considers the planking necessary to prevent damage to a public street or other property.
8.04.110 Continuity.
Once a building has been moved onto a public street under a permit authorized by this ordinance, the person moving the building shall continue with the moving project without interruption until it is completed, except as the permit for the moving or the city engineer specifically allows to the contrary.
8.04.120 Litter.
A person moving a building under a permit authorized by this ordinance shall promptly remove from public streets and private property all litter produced by the moving.
8.04.130 Movement on State Highways.
The city engineer may waive any of the requirements of this ordinance regarding buildings to be moved through the City upon a State highway from and to points outside the City limits, if:
A. Movement will be made pursuant to a permit issued by the appropriate State agency.
B. Notice of the proposed movement and a copy of the permit is submitted to the city engineer before the movement, and
C. The city engineer is satisfied that adequate precautions have been taken to protect the public safety and welfare.
8.04.140 Revocation.
A. The city engineer may refuse to issue a permit or may revoke a permit issued under this ordinance if:
1. the permittee violates or cannot meet a term of the permit or section of this ordinance; or
2. grounds exist for revocation or suspension, or refusal to issue under BC 2.05.054. Any refusal to issue a permit or revocation or suspension of a permit shall be in accordance with the provisions of BC 2.05.050 through 2.05.066.
8.04.150 Violation.
Violation of this ordinance constitutes a Class 2 Civil Infraction and shall be processed in accordance with BC 2.10.010 through 2.10.050.