Chapter 15.10


15.10.010    Permit required.

15.10.020    Application.

15.10.030    Statements of noninterference with appliances along route.

15.10.040    Statement of liability.

15.10.050    Notice of movement – Public hearing requirements.

15.10.060    Public hearing – Notice – Decision.

15.10.070    Fee.

15.10.080    Bond – Insurance.

15.10.090    Approval – General.

15.10.100    Approval – Chief of police.

15.10.110    Approval – Building inspector.

15.10.120    Determination by city engineer.

15.10.130    Moving must be continuous.

15.10.140    Safeguards required.

15.10.150    Permit contents.

15.10.160    Removal of building within time specified required.

15.10.170    Violation – Penalty.

15.10.010 Permit required.

It shall be unlawful for any person, firm, association or corporation to move any building or structure upon, over or along any public street, alley or public way within the city of Fairview without first obtaining a permit from the city recorder. (Ord. 10-1959 § 1)

15.10.020 Application.

Application for permit to move any building or structure upon, over or along any public street, alley or public way within the city of Fairview shall be made in writing to the office of the city recorder upon form provided by said office. The application shall be signed by the owner of the building or structure to be moved and by the person, firm or corporation engaged to move the same and shall contain the following information:

A. Name and address of owner of building or structure;

B. Location of building before moving;

C. Proposed location where building is proposed to be moved including a plot and so far as is necessary a structural plan showing where upon the proposed plot the structure or building will be located and that it will conform to the building code, plumbing requirements, fire code and other restrictions or regulations governing structures in said proposed location;

D. The type, age, width, length and height of the building;

E. The use or purpose for which building will be put and that for which building was in the past used for;

F. Name and address of person, firm or corporation engaged to move the building;

G. The means or manner the building is to be moved and type of equipment to be used therefor;

H. Route over and along which the building is proposed to be moved;

I. The time required to move the building, including the day and hour when any part will enter any street and the approximate date and hour every part of the building will be off every street, alley or public way;

J. Such other information as the city recorder, city building inspector or city engineer may deem necessary.

Where the building or structure is to be moved outside the corporate limits of the city the information required by subsections C and E of this section may be omitted. (Ord. 10-1959 § 2)

15.10.030 Statements of noninterference with appliances along route.

There shall be attached to every completed application as above provided written statements from each person, firm or corporation operating any public utility maintaining any wires, conduits, cables, poles or other appliances or appurtenances thereto, along, over or across any street, alley or public way along the route over which the building or structure is to be moved by or for the applicant, stating that the moving of such building will not molest, damage or interfere with or interrupt the service thereof or that the applicant has made appropriate arrangements for clearing the same at the time the building is to be moved; in such instance as said building or structure is to be moved over, across or along any railway tracks laid in any street a similar statement from the operator of said railroad or his duly authorized agent shall be furnished. (Ord. 10-1959 § 3)

15.10.040 Statement of liability.

Any such application as above indicated shall also contain a statement or agreement to the effect that the applicant shall not damage any real or personal property upon, along or adjacent to any street, alley or public way while moving any building and that in case any damage is so caused, that the applicant will pay therefor. (Ord. 10-1959 § 4)

15.10.050 Notice of movement – Public hearing requirements.

Upon receipt of application for moving a building or structure into a residential zone of the city, the city recorder shall advise, in writing, property owners within 200 feet of the property upon which said structure or building is to be moved of said application, which notice shall be given the affected property owners within seven days of receipt of such application. If within 10 days of notification to the affected property owners of such application by the city recorder, the owners of at least 25 percent of the affected property, which shall be deemed that lying within 200 feet of the applicant property, shall in writing, filed with the city recorder, object to such moving or request the right to be heard concerning said application, public hearing shall be had thereon before the city council at the next regularly scheduled council meeting unless said meeting shall be scheduled within 10 days of the expiration of said 10-day protest or hearing request, in which case public hearing shall be held at the next following, regularly scheduled council meeting; provided further, that the council may, whenever it believes public interest warrants, call a public hearing upon said application whether the 25 percent requirement be met or not. (Ord. 3-1969 § 1; Ord. 10-1959 § 4A)

15.10.060 Public hearing – Notice – Decision.

When public hearing shall be required or called as provided in FMC 15.10.050, the city recorder shall, within five days of the expiration of said 10-day protest or hearing demand period, notify in writing the affected property owners and post notice thereof in two public places in the property area affected and also post notice thereof at the City Hall, which notice shall state the purpose, time and place of said hearing. In all instances, the applicant requesting the moving permit shall be notified and his presence requested at said public hearing. The purpose of said public hearing shall be to permit the city council to obtain all pertinent information, facts and material relating to said application and the effect thereof upon the public interest of the affected area and the city as a whole. Following said public hearing the city council may, if in its discretion the granting of such application would be adverse to the best interests of the public and the city, deny such application. The city council may also request various public officials, the applicant or others to furnish such additional information as it may feel necessary to reach an appropriate decision. In the event that said application is denied, the city recorder shall, within seven days of such denial, notify the applicant of such denial and the reasons therefor. (Ord. 3-1969 § 1; Ord. 10-1959 § 4B)

15.10.070 Fee.

Each application for moving a building or structure within the city as above indicated shall be accompanied by a permit fee as follows:

A. For buildings or structures having less than 1,000 square feet in floor area: $50.00;

B. For buildings in floor area of 1,000 square feet or more: $50.00 plus $.05 for each additional square foot in excess of 1,000.

The area of the several floors shall be counted; in case of story and a half buildings, only one-half of the second floor area shall be used in calculation of the permit fee. All fees collected shall be credited to the street repair fund. (Ord. 3-1969 § 1; Ord. 10-1959 § 5)

15.10.080 Bond – Insurance.

No permit shall be issued to move a building or structure as above indicated unless the mover shall furnish a bond or insurance policy, approved by the city, as follows:

The mover shall furnish a public liability insurance policy or certificate of insurance in the sum of not less than $20,000 covering such truck with respect to injuries to or death of any person or persons and in a sum of not less than $5,000 covering such truck with respect to damage to the property of any person, including damages to any street, bridge or other public property of the city of Fairview or any other public corporation and the above limits shall be the minimum required for each truck or motor vehicle towing any building while moving over or upon any public street, alley or way; provided further, that such mover shall also furnish an insurance policy or bond in a sum not less than $20,000 conditioned that the mover will pay any injuries to or for the death of any person or persons, or any damages to any property of any person, and damages to streets, bridges and other public property owned or maintained by the city of Fairview or other public corporation on account or by reason of any of the operations of the mover while engaged in moving any building or structure, including injuries or damages occasioned by the falling or collapsing of, or the weight of, or collisions with any such building or structure while any part thereof is upon any part of a public street; provided, that the city council may require a greater or additional bond or insurance policy if in their just determination conditions so require. Evidence of the above requirement being met must be furnished the city recorder upon his request and before issuance of permit. (Ord. 10-1959 § 6)

15.10.090 Approval – General.

No permit shall be issued until the application shall be approved by the chief of police, the building inspector and, in case of a structure other than wood frame or in excess of 2,500 square feet, the city council. (Ord. 10-1959 § 7)

15.10.100 Approval – Chief of police.

The chief of police shall consider the probable effect of the proposed moving on the public safety, and he shall approve the application for moving only where such moving will not jeopardize the public safety and the route proposed or finally adopted is the one least dangerous to the citizens of the city and the general public. (Ord. 10-1959 § 8)

15.10.110 Approval – Building inspector.

The building inspector shall inspect the building to be moved and if he finds that the building be of substantial construction and in condition that it may be moved without collapsing or falling apart and without endangering any person upon, along or adjacent to any public street, and further finds that the building is designed and adaptable for the purpose, use or occupancy to which it is proposed to put the same at the new location and that it conforms to the requirements of the building code and fire zones of the new location he shall approve the application. (Ord. 10-1959 § 9)

15.10.120 Determination by city engineer.

Before permit be granted as herein provided the city engineer or other responsible official shall determine that the mover has safe and sufficient equipment and facilities for moving, adequate barricades, lights, flags and personnel for warning the public both day and night and for the safe direction of traffic; that the streets and bridges along the route to be traversed by the moving are of sufficient width and strength and in condition to bear the moving of the building or structure described in the application and that said moving will not endanger any trees, shrubs or improvements in, upon or adjacent to any street. (Ord. 10-1959 § 10)

15.10.130 Moving must be continuous.

The removal of a building or buildings under a permit herein granted when commenced shall be continuous during all hours of the day and night unless exception be granted by the city recorder and such exception shall apply only to that provision requiring said moving to continue during hours of darkness, until such building reaches its destination or is removed from any and all streets, alleys or public ways. Other exceptions must be granted only by the city council. (Ord. 10-1959 § 11)

15.10.140 Safeguards required.

In case any building is moved at night or left standing on a public street, alley or way during hours or darkness the mover shall at all times provide such barricades, lights, flares and watchmen as may be necessary to safeguard the traffic and persons using said public street, alley or way. (Ord. 10-1959 § 12)

15.10.150 Permit contents.

Each permit shall prescribe thereon the mode and route for such moving and the date upon which the permit will expire together with such restrictions as the public interests may require, which restrictions shall be sufficient to protect all sidewalks, street improvements and other public improvements and private property from injury or damage. (Ord. 10-1959 § 13)

15.10.160 Removal of building within time specified required.

Failure to remove said building or structure for which permit shall be herein granted from a public street, alley or way within the time specified in the permit shall be considered a separate violation of this chapter apart from any and all other violations which may occur hereunder. (Ord. 10-1959 § 14)

15.10.170 Violation – Penalty.

Any person, firm, association, or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof before the municipal judge be punished by a fine of not more than $500.00 or by imprisonment in the city or county jail for a term not to exceed 60 days or by both such fine and imprisonment, and each day or portion of a day such violation shall continue shall be deemed a separate offense and punishable accordingly. (Ord. 10-1959 § 15)