Chapter 15.36
REGULATIONS FOR MOVING BUILDINGS1

Sections:

15.36.010    Building moving – Building official’s permit required.

15.36.030    Board of appeals.

15.36.040    Enforcement – Permittee liability.

15.36.050    Permit application – Fee.

15.36.060    Conditions for securing permit – Inspection by building official.

15.36.070    Permit refused when.

15.36.080    Deposit – Estimated expense to city.

15.36.090    Deposit – Surety bond – Liability insurance.

15.36.100    Deposit – Return – Building official’s statement.

15.36.110    Duties of permittee.

15.36.120    Building official to set maximum time for move.

15.36.130    Building official to designate streets for moving buildings.

15.36.140    Traffic engineer to regulate movement.

15.36.150    Compliance with traffic regulations.

15.36.160    Violation – Penalty.

15.36.010 Building moving – Building official’s permit required.

It is unlawful for any person to move any building or structure over, along or across any highway, street, alley or public place in the city without first obtaining a permit from the build­ing official. (Ord. 591 § 28, 1983).

15.36.030 Board of appeals.

The examiner shall serve as the board of appeals for any appeals of the regulations for moving buildings within the city adopted in this chapter. (Ord. 1053 § 17, 1998: Ord. 591 § 41 (part), 1983).

15.36.040 Enforcement – Permittee liability.

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

B. Permittee Liable for Expense Above Deposit. The permittee shall be liable for any expense, damages or costs in excess of depos­ited amounts or securities, and the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.

C. Original Premises Left Unsafe. The city shall proceed to do the work necessary to leaving the original premises in a safe and san­itary condition where the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the original deposit. (Ord. 591 § 40, 1983).

15.36.050 Permit application – Fee.

A. Before a permit can be issued, an appli­cation must be submitted to the building offi­cial at least one week (seven days) before the proposed move. The application must be accompanied by an application fee as estab­lished by the taxes, rates and fees schedule adopted by ordinance.

B. Application shall be submitted on forms provided by the building official and shall contain:

1. Location of the building to be moved;

2. Proposed new location of the build­ing;

3. Permit number;

4. Dimensions of the building when loaded;

5. Proposed route for moving the building.

C. The building official shall route copies of the application to the police department and the department of utilities for their review. (Ord. 1237 § 11 (part), 2005: Ord. 591 § 29, 1983).

15.36.060 Conditions for securing permit – Inspection by building official.

As a condition of securing the permit:

A. The permittee shall furnish the city with a set of plans and specifications for the completed building; and

B. The permittee shall, prior to making any application for such permit, or within ten days after making such application, cause all of the interior or exterior walls, ceiling or flooring to be removed to such an extent as may be necessary to permit the building offi­cial to examine the materials and type of con­struction of such building to ascertain whether it will comply with the existing building codes and related codes of the city; and if the build­ing is to be moved onto a site location within the city, no permit shall be granted unless the building official after inspection of the build­ing certifies in writing that the structure to be moved will comply with the city zoning code and related land use codes; and

C. That the requirements under NBMC 15.36.080 have been satisfied. (Ord. 591 § 32, 1983).

15.36.070 Permit refused when.

The building official shall refuse to issue a permit if it is found:

A. That any application requirement or any fee or deposit requirement has not been complied with;

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

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

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

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

F. That zoning or other ordinances would be violated by the building in its new location;

G. Approval of the application by the police department and utility department shall be a condition precedent to issuance of the per­mit;

H. That the applicant has not furnished proof that all affected public and private utili­ties, including those involved with electricity, gas, telephone, water and sewer have been notified of the time of the move and the route to be followed; and

I. That for any other reason persons or property in the city would be endangered by the moving of the building. (Ord. 591 § 33, 1983).

15.36.080 Deposit – Estimated expense to city.

Upon receipt of an application, the build­ing official shall estimate the expense that will be incurred in removing and replacing any property of the city, the removal and replace­ment of which will be required by reason of the moving of the building through the city, together with the costs of materials necessary to be used in making such removals and replacements. Prior to the issuance of the per­mit, the building official shall require the applicant to deposit a sum of money equal to twice the amount of the estimated expenses. (Ord. 591 § 30, 1983).

15.36.090 Deposit – Surety bond – Liability insurance.

An application hereunder shall be accom­panied:

A. By a cash deposit or corporate surety bond in the sum established by the taxes, rates and fees schedule adopted by ordinance pay­able to the city to indemnify the city for the fol­lowing:

1. Damage which the city may sustain by reason of damage or injury to any highway, street or alley, sidewalk 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

2. The cost of removing the structure if the applicant should abandon it before the move is completed; and

3. The cost of placing the original pre­mises in a safe and sanitary condition where the applicant has failed to do so.

B. By a public liability insurance policy, naming the city as an insured or as an addi­tional insured, in an amount established by the taxes, rates and fees schedule adopted by ordi­nance. The policy shall remain in full force and effect during the moving operation. Any per­son moving a building within the city, at all times, shall protect and hold harmless the city from all claims, actions, suits, liability, less expense or damage of every kind and descrip­tion, including court costs and attorney’s fees, which may accrue to or be suffered or claimed by any person or persons, or the city itself, arising out of the moving operation;

C. By a cash deposit or corporate surety performance bond in the sum established by the taxes, rates and fees schedule adopted by ordinance, conditioned upon the permittee, within six months from the date of the issuance of such permit:

1. Completing the construction, paint­ing and finishing of the exterior of the build­ing; and

2. Faithfully complying with all requirements of this chapter, including but not limited to permittee completing such work within six months from the date of the issuance of such permit.

3. In the event the provisions of this subsection are not complied with within the time specified, the deposit shall be forfeited as a penalty for the default, and this shall be in addition to any other penalties provided for failure to comply with the terms of this chap­ter.

D. Any or all of the requirements con­tained in subsections A, B and C of this section may be waived at the discretion of the building official. (Ord. 1237 § 11 (part), 2005: Ord. 591 § 31, 1983).

15.36.100 Deposit – Return – Building official’s statement.

A. Return Upon Nonissuance. Upon the refusal of the building official to issue a per­mit, the building official shall return to the applicant all deposits and bonds except the application fee.

B. Return Upon Allowance for Expense. After the building has been removed, the building official shall prepare a final written statement for all expenses incurred in remov­ing and replacing all property belonging to the city, and all material used in the making of the removal and replacement together with a state­ment of all damage caused to or inflicted upon property belonging to the city; providing, how­ever, that if any wires, poles, lamps or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The building official shall return to the appli­cant all deposits after deduction of a sum suf­ficient to pay for all of the cost and expenses and for all damage done to property of the city by reason of the removal of the building. (Ord. 591 § 34, 1983).

15.36.110 Duties of permittee.

The permittee shall:

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

B. Notify of revised moving time: notify the building official in writing of a desired change in moving date and hours as proposed in the application;

C. Notify of damage: notify the building official in writing of any and all damage done to property belonging to the city within 24 hours after the damage or injury has occurred;

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

E. Remove after street occupancy period: remove the building from the city streets after four days of such occupancy, unless an exten­sion is granted by the building official;

F. Comply with governing law: within 6 months from the date of issuance of the permit, comply with the city building, fire and zoning ordinances, and all other applicable ordinances and laws upon relocating the building in the city;

G. Pay expense of officer: pay the expense of a traffic officer ordered by the building offi­cial to accompany the movement of the build­ing to protect the public from injury;

H. Clear old premises: remove all rubbish and materials and fill all excavations to exist­ing grade at the original building site so that the premises are left in a safe and sanitary con­dition. (Ord. 591 § 39, 1983).

15.36.120 Building official to set maximum time for move.

The building official shall designate the time within which the move must be com­pleted. If more than one day will be required to move the structure, the building official shall designate where the structure may be located when not being moved, and how it shall be equipped to warn the public of the danger involved. The applicant shall comply with such designations. (Ord. 591 § 36, 1983).

15.36.130 Building official to designate streets for moving buildings.

The building official shall designate the streets over which the building may be moved. The building official shall have the list approved by the department of public safety. In making their determinations, the building official and the department of public safety shall act to assure maximum safety to persons and property in the city and to minimize con­gestion and traffic hazards on public streets. (Ord. 591 § 35, 1983).

15.36.140 Traffic engineer to regulate movement.

The traffic engineer is authorized to gov­ern the actual movement of structures as shall be necessary to preserve the safety of persons and property, and the applicant shall comply therewith. (Ord. 591 § 37, 1983).

15.36.150 Compliance with traffic regulations.

Except insofar as the permit shall authorize excess height, width or weight, the permittee shall comply with all applicable traffic regula­tions. (Ord. 591 § 38, 1983).

15.36.160 Violation – Penalty.

Any violation of this chapter shall be rem­edied based on the provisions as set forth in NBMC 20.10.100. (Ord. 1088 § 3 (part), 1999: Ord. 591 § 42 (part), 1983).

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Copies of the regulations for moving buildings within the city shall be on file in the office of the city administrative assistant and shall remain on file at the office for the use and examination by the public.