Chapter 15.36
REGULATIONS FOR MOVING BUILDINGS1
Sections:
15.36.010 Building moving – Permit required.
15.36.040 Enforcement – Permittee liability.
15.36.050 Permit application – Fee.
15.36.060 Repealed.
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 – Statement.
15.36.110 Duties of permittee.
15.36.120 Community and economic development department to set maximum time for move.
15.36.130 Director of public works 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 – 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 all required permits from the community and economic development department.
A. Any dwelling or accessory building proposed to be moved into the city must be structurally sound. Structural defects must be corrected.
B. After relocation, the dwelling must be in substantial conformance with fire and life safety requirements of the current building codes. This may include, but is not limited to:
1. Smoke alarms installed and interconnected where technically feasible;
2. Egress windows;
3. Stair landings, railings and guardrails;
4. Fire-rated assemblies; and
5. Minimum requirements for sanitation, ventilation, heat and light.
Some requirements may be considered and modified on a case-by-case basis at the discretion of the building official where deemed not technically feasible.
C. Procedure.
1. Dwellings must be inspected prior to relocation within or into the city. If the dwelling is within the city, inspections will be performed by a city building inspector at the cost of the applicant. All dwellings outside of the city will be required to be inspected by a licensed engineer, at the cost of the applicant, to verify structural integrity and compliance with all Washington State and city codes pertaining to a moved dwelling;
2. The city will notify the originating jurisdiction, as appropriate, if the building can be permanently relocated to a city location;
3. The homeowner must receive separate approval from the originating jurisdiction to move the building over and across public rights-of-way;
4. The homeowner must receive approval from the city public works to move the building over and across city rights-of-way;
5. Prior to placement of any structure on a city land parcel, a building permit must be reviewed and approved;
6. That the requirements under NBMC 15.36.080 have been satisfied. (Ord. 1589 § 48, 2016).
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, or his or her designee, 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. 1589 § 49, 2016: Ord. 591 § 40, 1983).
15.36.050 Permit application – Fee.
A. Before a permit can be issued, an application must be submitted to the community and economic development department at least 30 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. Applications shall be submitted on forms provided by the community and economic development department 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; and
6. Completed demolition permit application.
C. If the relocation site is within the city limits, the application shall, in addition to the information required above, also include:
1. A completed building permit application;
2. A completed building permit checklist; and
3. A set of plans and specifications for the completed building.
D. The community and economic development department shall route copies of the application to the police department and the department of utilities for their review. (Ord. 1589 § 50, 2016: Ord. 1237 § 11 (part), 2005: Ord. 591 § 29, 1983).
15.36.060 Conditions for securing permit – Inspection by building official.
Repealed by Ord. 1589. (Ord. 591 § 32, 1983).
15.36.070 Permit refused when.
The community and economic development department 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, community and economic development department, and public works 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. 1589 § 52, 2016: Ord. 591 § 33, 1983).
15.36.080 Deposit – Estimated expense to city.
Upon receipt of an application, the community and economic development department 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 community and economic development department shall require the applicant to deposit a sum of money equal to twice the amount of the estimated expenses. (Ord. 1589 § 53, 2016: 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 community and economic development director, or his or her designee. (Ord. 1589 § 54, 2016: Ord. 1237 § 11 (part), 2005: Ord. 591 § 31, 1983).
15.36.100 Deposit – Return – Statement.
A. Return upon Nonissuance. Upon the refusal of the community and economic development department to issue a permit, the department shall return to the applicant all deposits and bonds excluding the application fee.
B. Return upon Allowance for Expense. After the building has been removed, the community and economic development department 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. The community and economic development department 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. 1589 § 55, 2016).
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 community and economic development department in writing of a desired change in moving date and hours as proposed in the application;
C. Notify of damage: notify the community and economic development department 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 community and economic development department;
F. Comply with governing law: within six 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 traffic officers ordered by the city 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; and
I. Cap the existing utilities at the property line where the building is being moved from or, if the property is served by an individual sewage disposal system, to remove the tank. (Ord. 1589 § 56, 2016: Ord. 591 § 39, 1983).
15.36.120 Community and economic development department to set maximum time for move.
The community and economic development department 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. 1589 § 57, 2016).
15.36.130 Director of public works to designate streets for moving buildings.
A. The public works department shall:
1. Determine the probable disruption and cost which the moving of a building will cause to owners of wires and cables, and also the probable injury and inconvenience the severance of such wires and cables will cause to patrons of public utilities;
2. Ascertain the probable interference with the rights of the public that such a moving will cause, and any other facts which may aid in determining whether or not such permit should be granted; and
3. Prescribe the time such moving shall be done, the route to be followed and such traffic barricades and escorts and any other stipulations deemed necessary for public safety and convenience.
B. The director of public works may, if the disruption to public utilities, private property or the traveling public is apparently excessive relative to the value of the building to be moved, deny the permit subject to the rights of the applicant to appeal said denial to the hearing examiner as governed by the procedures set forth in Chapter 2.20 NBMC. (Ord. 1589 § 58, 2016).
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 pursuant to the provisions set forth in Chapter 1.20 NBMC. (Ord. 1585 § 14, 2016: Ord. 1088 § 3 (part), 1999: Ord. 591 § 42 (part), 1983).
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.