[R.O. 2008 §535.010; Ord. No. 4959 §1, 3-11-1991]
It is hereby declared to be the intent of the City Council, in the exercise of its police powers to protect the public health, safety and welfare, to regulate the moving of buildings over the public streets and ways of the City.
[R.O. 2008 §535.020; Ord. No. 4959 §1, 3-11-1991]
For the purpose of this Chapter, the following words, terms and phrases and their derivatives shall have the meanings given herein unless the context otherwise indicates:
- A house, commercial building, industrial building, garage, or any structure of a width exceeding fourteen (14) feet, or which would require a permit from the State for its movement over State highways or which otherwise is of a size or type, the moving of which over a public street or way would cause hazard or inconvenience to any person. A "building" does not include the movement of a structure by a person operating under a State permit for such movement solely over State roads or highways.
- CODE ENFORCEMENT OFFICER
- Building Official for the City of Maryville.
- INTERFERING STRUCTURE
- Any wire, cable, conduit, pipe, tree, pole, curb, sidewalk, pavement, or other structure or device located in or about a street which must be temporarily relocated or otherwise altered in order to facilitate the passage of a building.
- The person or entity to which a permit is issued pursuant to the provisions of this Chapter.
- Any one (1) or more individuals, corporations, partnerships, associations, labor organizations, firms or enterprises.
- Any public right-of-way in the City, including but not limited to streets, avenues, alleys, easements, and any and all public property owned or controlled by the City or public entities.
[R.O. 2008 §535.030; Ord. No. 4959 §1, 3-11-1991]
It shall be unlawful for any person to move or cause to be moved any building in, into, through or from the City over any street without first obtaining a permit therefor from the Code Enforcement Officer.
Such permit shall be known as a "Permit for Moving Work" and shall not be assignable or transferable nor shall it be used by any person other than the permittee or his/her employees, contractors, or designated representatives.
If the moving work does not involve the use of a street, as defined in this Chapter, the Code Enforcement Officer may suspend, waive or modify certain requirements of this Chapter, but in no event shall waiver, suspension or modification jeopardize or be detrimental to adequate protection of private property rights or the public health, safety, welfare, convenience or comfort of the public.
[R.O. 2008 §535.040; Ord. No. 4959 §1, 3-11-1991]
Any person desiring a permit for moving work shall file with the City Clerk an application therefor in writing on a form to be furnished by the City for said purpose. Such application shall specify the following:
The name and address of the applicant;
The present location of the building to be moved;
The proposed new location of the building;
The character and size of the building to be moved, including its length, width and height;
The principal materials of construction of the building;
The reason for such moving;
The type of equipment to be used for the proposed work;
The estimated length of time required to do the proposed work;
The proposed route over which the building is to be moved;
The use, purpose and occupancy for which said building is to be used;
A plot plan showing the proposed location of the building upon the property to which said building is to be moved;
The necessity for the partial or complete removal or alteration of any actual or potentially interfering structure; and
The date and time proposed for the move.
[R.O. 2008 §535.050; Ord. No. 4959 §1, 3-11-1991]
Upon the filing of the application, the Code Enforcement Officer shall investigate the proposed destination, route, length of time estimated for moving work, type of equipment to be used, and any and all other relevant factors and formulate a recommendation with respect to issuance of the permit.
[R.O. 2008 §535.060; Ord. No. 4959 §1, 3-11-1991]
No permit shall be issued to move any building which, in the opinion of the Code Enforcement Officer, is:
So constructed or in such condition as to render its movement hazardous to any person or to public or private property;
Infested with pests or unsanitary;
If a dwelling, unfit for human habitation;
So dilapidated, defective, unsightly, or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district within a radius of one thousand (1,000) feet from the proposed site;
Prohibited at the proposed location by the zoning laws of the City;
Prohibited at the proposed location or otherwise not in conformance with any or all applicable ordinances or regulations of the City or of applicable State or Federal laws or regulations;
Likely to cause unreasonable damage, during or incident to its movement, to trees, plants, shrubs, curbs, sidewalks, or other City property, structures or appurtenances;
Likely to cause unreasonable damage, during or incident to its movement, to public or private utility lines, equipment or property, or disrupt such utility service to other persons as to be an unreasonable interference; or
Likely to cause unreasonable damage, during or incident to its movement, to private persons or property or otherwise interfere with the reasonable use and enjoyment of such property.
Provided however, that if the conditions or circumstances delineated above, in the judgment of the Code Enforcement Officer, admit of practicable and effective repair, resolution or accommodation which will adequately protect the public health, safety, welfare, reasonable terms and conditions as may be set forth on such permit.
[R.O. 2008 §535.070; Ord. No. 4959 §1, 3-11-1991]
The issuance of a permit may be granted subject to such terms and conditions as may be deemed reasonable and proper to the end that such moving will not be materially detrimental or injurious to the public health, safety or welfare or to public or private property and improvements or to the district to which the building will be moved. Such terms and conditions may include:
Measures to protect the public street or other public property in the City on, over or through which the building will be moved pursuant to Section 535.080 herein;
Requirements of changes, alterations, repairs or additions to be made to or upon the building or the sites from or to which it will be moved;
Requirement that the permittee post a cash deposit and/or bond with the City of an amount pursuant to Section 535.090 herein;
Requirement that the permittee show evidence of liability insurance meeting the conditions set forth in Section 535.100 herein;
Requirement that the permittee show approvals in writing from any public or private utility that may be affected by such move in accordance with Section 535.110 herein; and
Other terms and conditions as may be deemed appropriate by the City Manager.
Such terms and conditions shall be written upon the permit or appended in writing thereto. Each such term or condition must be satisfactorily complied with by the permittee and the method of such compliance must be approved by the Code Enforcement Officer prior to initiating the proposed move.
[R.O. 2008 §535.080; Ord. No. 4959 §1, 3-11-1991]
The City may require:
That warning signs be conspicuously posted on or around the sites from or to which the building may be moved and along public streets over which the building may be moved;
That warning lights be attached to the building being moved and/or to the vehicle or vehicles involved in such move;
That public and private property be kept free of rubbish, waste or other loose materials that may result from such move;
That any excavations resulting from such move at the site from or to which the building is moved are filled in, fenced or otherwise restricted so as not to create a hazardous or dangerous condition;
That property owners adjoining the site from or to which the building is to be moved and property owners along the route of movement be notified of the move, and that the Public Safety Department of the City be notified of the move so that an escort can be provided or so that traffic control can be facilitated.
[R.O. 2008 §535.090; Ord. No. 4959 §1, 3-11-1991]
Owner's Completion Bond. Prior to the issuance of a permit, the owner or lessee of the property upon which the building is to be located shall file with the City Clerk a bond or other form of security or a cash deposit, conditioned as follows:
That all of the work required to be done to complete the relocation, alteration and reconstruction of the building pursuant to the conditions of the permit shall be fully performed and completed within a reasonable time, to be specified by the Code Enforcement Officer in the permit.
Such bond or security or cash deposit shall be in principal amount equal to the estimated cost of the work proposed to be done plus ten percent (10%) thereof, and shall name the City as obligee, and shall be in a form approved by the City Attorney.
An extension of time for said completions may be granted in writing by the Code Enforcement Officer when, in his/her discretion, circumstances shall so justify, but no such extension shall release any bond, security or cash deposit.
Site Clearance And Safety Bond. Prior to the issuance of a permit, the owner or lessee of the property from which the building is to be moved shall file with the City Clerk a bond or other form of security or a cash deposit in favor of the City, conditioned as follows:
That before any moving of a building, the owner thereof shall notify the appropriate utilities in order that all gas and oil pipelines that are to be disconnected from the building may be securely capped and sealed.
That any excavation or opening resulting from such move is filled in or securely barricaded.
That within ten (10) days after moving said building, the owner or permittee shall complete or cause to be completed the following work:
Such bond, other security or cash deposit shall be in principal amount equal to the cost of the work proposed to be done, as estimated by the City Manager, and shall name the City as obligee, and shall be in a form approved by the City Attorney.
An extension of time for completion of the work required by this Section may be granted by the Code Enforcement Officer when, in his/her discretion, circumstances shall so justify, but no such extension shall release any bond, security or cash deposit.
Cash Deposit For Public Costs. The applicant shall also deposit with the City Clerk a cash deposit to cover the cost to the City, as estimated by the Code Enforcement Officer, of trimming, moving, removing, or replacing or replacement of trees or shrubs, and of moving, removing or displacing any pole or other structure or equipment belonging to the City or the cutting, displacing or changing of the location of any structure or equipment belonging to the City.
[R.O. 2008 §535.100; Ord. No. 4959 §1, 3-11-1991]
Every person moving a building in the City shall file with the City Clerk one (1) of the following:
In any case, the insurance required under this Section shall insure the person moving the building against loss from the liability imposed by law for injury to, or death of, any person, or damage to any property growing out of the moving of such building to the amount or limit of five hundred thousand dollars ($500,000.00) exclusive of interest and costs, on account of moving any one (1) building resulting in injury to or death of a person, and of one hundred thousand dollars ($100,000.00) for damage to property of others resulting from moving any one (1) building.
Such insurance coverage shall indemnify the City and save it harmless against any and all claims, demands or causes of action whatsoever which might arise or accrue against it by reason of the granting of such permit or the exercise of any privilege thereby conferred, and to repay all damages which may be suffered by the City or by any other person by reason of the exercise of the permit, including by way of illustration, but not of limitation, injury or damage to pavements, curbs, sidewalks, poles, wires, or trees.
[R.O. 2008 §535.110; Ord. No. 4959 §1, 3-11-1991]
Prior to the issuance of a permit, the applicant shall obtain written approval from any public or private utility whose property will be moved or disturbed during the moving process to the effect that such moving should be permitted, what conditions should be attached to such permit to insure that the utility will be protected and that its customers and the public will be safely and adequately served, and what costs will be incurred by the utility in accommodating the proposed move.
The City shall review and approve said written approvals and the applicant shall furnish to the appropriate utility a bond, surety or cash deposit equal to the estimated cost that will be incurred by the utilities involved.
[R.O. 2008 §535.120; Ord. No. 4959 §1, 3-11-1991]
The Code Enforcement Officer shall authorize the issuance of a permit when all of the necessary requirements and conditions of this Chapter have been complied with.
The work authorized by such permit shall be commenced within one (1) month following the date of issuance of the permit and shall be concluded within two (2) months of the date of issuance of the permit; provided however, that the actual time permitted for moving the building shall not exceed three (3) calendar days.
If the work is suspended or abandoned after commencement or if the time limits set forth herein are not complied with, the permit shall be deemed to have expired; provided however, that an extension may be granted by the Code Enforcement Officer. The Code Enforcement Officer may, at any time, for good and sufficient cause, suspend or revoke any permit.
[R.O. 2008 §535.130; Ord. No. 4959 §1, 3-11-1991]
An application fee, as designated by resolution of the City Council, shall be paid to the City Clerk upon the filing of an application for a permit for moving work. A permit fee, as designated by resolution of the City Council, shall be paid to the City Clerk upon the issuance of each permit for moving work.
[R.O. 2008 §535.140; Ord. No. 4959 §1, 3-11-1991]
The permit issued hereunder shall designate the route over which the permittee shall move the building. The route shall not be changed unless the permit is amended.
Should part of such route be over a State highway, the permit shall not be issued unless approvals or permits required by the State Highway Department are first obtained and supplied to the Code Enforcement Officer.
Notice must be given by the permittee to the City Manager and to the Public Safety Department not less than thirty-six (36) nor more than forty-eight (48) hours before the actual work of moving the building is to commence.
Said notice in no way, however, relieves the permittee or person having charge of the moving of any building of his/her obligation to furnish proper supervision.
In no event shall a building being moved remain in any one (1) location on any street for a period longer than twenty-four (24) hours except by written permission of the City Manager.
[R.O. 2008 §535.150; Ord. No. 4959 §1, 3-11-1991]
Whenever a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the permittee by the Code Enforcement Officer; said notice to state the nature of the default, the work to be done to correct the default, the estimated cost thereof, and the period of time deemed to be reasonably necessary to complete such work or perform the term or condition.
After a receipt of such notice, the permittee must, within the time therein specified, either cause the work to be done or make payment to the City Clerk in the amount of the estimated cost of such work as set forth in the notice plus ten percent (10%) of said estimated cost.
If the permittee chooses to make payment, the City Clerk shall inform the Code Enforcement Officer upon deposit of said payment and the City Manager shall cause the required work to be performed and completed.
[R.O. 2008 §535.160; Ord. No. 4959 §1, 3-11-1991]
When the moving of any building for which a permit has been granted is completed and any damage to public or private property has been repaired to the satisfaction of the Code Enforcement Officer and all terms and conditions of the permit and this Chapter have been complied with, the City Clerk shall refund the remaining unused portion of any cash deposits and release any bonds or other forms of security. Should the cost, however, of repairing damages and/or performing other work required by this Chapter exceed the total amount of money deposited, the permittee shall be held liable for such excess costs and same shall be recoverable by the City from the permittee.
[R.O. 2008 §535.170; Ord. No. 4959 §1, 3-11-1991]
Any person, firm or corporation violating any provision of this Chapter shall be guilty of a ordinance violation and fined no more than one thousand dollars ($1,000.00) for each offense; and a separate offense shall be deemed committed on each day during which a violation occurs or continues. In addition to the penalty described above, the City may take any appropriate action including but not limited to instituting action in law or in equity to prevent, restrain, abate, enjoin or correct any violation of this Chapter.
[R.O. 2008 §535.180; Ord. No. 4959 §1, 3-11-1991]
The City Manager may make rules and regulations governing the movement of buildings not inconsistent with this Chapter.