Chapter 15.35


15.35.010    Permit required.

15.35.020    Application for permit.

15.35.030    Additional requirements.

15.35.040    Conformance to permit.

15.35.050    Conformance to codes – Bond.

15.35.060    Insurance.

15.35.070    Liability.

15.35.010 Permit required.

It shall be unlawful for any person, firm or corporation to move, or permit to be moved, any building, shed or part thereof, which shall be over-width or over-height for moving upon and along the highways of the state within the corporate limits of the city without first applying for and obtaining a permit and filing a certificate as hereinafter required. [Code 2000 § 10.405.]

15.35.020 Application for permit.

Any person, firm or corporation desiring to move any building, shed or part thereof, which has a width greater or a height greater than is specified under the laws and regulations concerning the moving of objects upon and along the highways of the state, along or across any public street within the corporate limits of the city shall first file with the city recorder a written application for a permit. The application shall be signed by the person, firm or corporation or by their duly authorized agent desiring to move the building. It shall specify and describe the building to be moved, its size and site, the route over which it is proposed to move it, the date and hour that they propose to commence their moving operations, which shall be within five days from the date of filing the application, the type of equipment and the means to be used in moving. The application shall also state the location of any light, telephone, power or other wires over and across any of the streets or routes to be used which will be interfered with by the moving of the building, together with the owner thereof, if known to the applicant. The application shall be accompanied by a deposit in the amount established by resolution of the city council to cover the cost of issuing the permit and supervising the conditions of the permit. [Code 2000 § 10.410; Ord. 2018-05 § 1 (Exh. A), 2018.]

15.35.030 Additional requirements.

(A) Upon the filing of any application and the deposit of the required fee, the city manager shall review the application and examine the route proposed to be traveled to determine whether or not the movement may be made with reasonable safety, taking into consideration the condition of the street, traffic hazard, or inconvenience to the traffic caused by the moving of the building, or the moving of a light, power, telephone or other utility wire overhead or by the damage to trees and other obstructions along this route. The city manager shall require that the applicant furnish to him receipts and acquittances from the owner of all poles and wires to be affected by the movement, which receipts and acquittances shall acknowledge that any cost or expense involved in moving, altering or changing the wires necessitated by the moving of the building have been paid or that the owner thereof will look exclusively to the person moving the building for the payment of the costs thereof.

(B) If the city manager determines that the building may be moved without undue hazard or damage to the traveling public or to the public streets and highways or without undue damage to trees, poles or other fixtures, and that the cost of moving all wires has been paid or arranged for, then he shall issue a permit to move the building upon and along a route to be designated and upon conditions set forth in the permit. [Code 2000 § 10.415.]

15.35.040 Conformance to permit.

It shall be lawful to move the building in conformity with the permit, but it shall be unlawful to move the building in any other or different manner or upon any other route than is set forth and described in the permit. [Code 2000 § 10.420.]

15.35.050 Conformance to codes – Bond.

Any building proposed to be located or relocated within the city must be made to meet the standards of the city building code and plumbing code and the State Electrical Code. Any person desiring to relocate any buildings or structures within the city shall be required to post a corporate surety bond or a personal bond acceptable and approved by the city manager, in an amount estimated by the city manager that will be required to make the building conform to the codes. [Code 2000 § 10.425.]

15.35.060 Insurance.

In addition to the permit and license required by this chapter, any person, firm or corporation making application for a permit shall provide with the permit fee a certificate of insurance naming the city as party insured upon an appropriate policy of insurance for public liability and property damage, with limits of not less than $100,000 for injury to one person, $300,000 for injury to two or more persons in one occurrence, and $100,000 for damage to property. No permit or license shall be issued unless the city first receives and approves the certificate of insurance. [Code 2000 § 10.430.]

15.35.070 Liability.

Nothing in this chapter shall be construed to limit the liability or absolve the person who is moving a building from liability to reimburse the city for all damages sustained to the streets or to reimburse the owners of private property for property which is damaged or destroyed by the movement. [Code 2000 § 10.435.]