(A) Permit.
(1) Any person or entity wanting to move a building or structure, larger than 250 square feet in size, within the Corporate Limits of the City of Butler must first obtain a "Moving Permit" from the City of Butler.
(2) The permit fee shall be as prescribed by Chapter 100 of the Butler City Code of Ordinances. The form of the permit shall include:
(a) Property from which the building is to be moved;
(b) The name of the person or entity performing the move;
(c) The proposed moving activity;
(d) The proposed route of the moving activity;
(e) The proposed date and timeframe of the move;
(f) Proof of insurance or bonding to cover any damages caused by the moving activity; and
(g) Any other information deemed necessary by the City of Butler.
(3) Time-frame. The applicant must apply for a moving permit at least two weeks prior to their proposed moving activity. The City of Butler, Indiana reserves the right to delay issuance of a moving permit if it determines that additional time is needed to move utilities, signage or to prepare special traffic plans or security in preparation for the move.
(B) Notification. As part of the moving permit application, the applicant is required to contact “Indiana Underground - 811" and have any utilities, public and private, that may be located along the proposed route of the moving activity, marked. All affected utilities will be given proper time to arrange for the required moving of any utilities.
(C) Bonding/certificate of insurance. The applicant, or an authorized agent acting on their behalf, must provide proof of liability insurance in an amount determined to be adequate by the City of Butler. The applicant may also be required to submit a bond in an amount determined to be adequate for moving the proposed structure along the proposed route, and on forms approved by the City of Butler.
(D) Notification. The Zoning Administrator shall notify other parties that may be affected by the proposed moving activity (utilities, property owners, governmental entities) as they may deem necessary before the start of the moving activity.
(E) Fees, inspections and evidence of insurance. Before a permit is issued the applicant shall pay to the Clerk-Treasurer the permit fee, as established in Chapter 100
of this Code of Ordinances, plus a scaled fee for moving any municipal utility facilities, street signage or other city assets. A late permit fee of $250 plus fee scale for moving any utility facilities will be charged for any moving activity commenced without a moving permit.
(F) Issuance of permit. The Zoning Administrator may issue a Moving Permit upon submittal of an appropriate application and compliance with § 91.03
(A) through (E).
(G) Inspection of property before moving.
(1) To ensure that the structure proposed for moving is in a proper and safe condition prior to the moving activity, the property site of the structure shall be inspected by an authorized representative of the City of Butler.
(2) Such inspection shall ascertain that provision for proper care has been made so as not to endanger any sewer or water connections with the city's sewer and water systems.
(H) Care and protection during moving. The moving activity shall be performed in a competent manner and with the least amount of noise possible. Care shall be taken to protect neighboring structures, vehicles, street and road surfaces, and persons. Adequate protection shall be provided to prevent injury to any municipal or private utility assets. The Zoning Administrator may limit the hours during the day in which the moving activity may occur.
(I) Site restoration following moving. Following the moving activity, the site from which the structure was moved from shall be restored to a suitable appearance. Any resulting excavation, basement walls, etc. shall be remedied according to the “excavation and filling” standards prescribed by § 157.06
of the Butler City Code of Ordinances. Any water or sewer connections shall also be properly capped.
(J) Post moving inspection by an authorized representative of the City of Butler. An authorized representative of the City of Butler shall inspect the site from which the building was moved to observe any resulting filling, removal of basement walls, and the required capping of taps, or abandoned sewer or water lines.
(K) Enforcement. If the inspection performed by the city determines that the applicant is not in full compliance with the requirements of the demolition permit and this chapter, the Zoning Administrator shall advise the applicant in writing of the terms of non-compliance. The applicant shall have 30 days from the date of the notice to comply. In the event that the applicant fails to comply within 30 days of the notice given pursuant to § 91.03
(L), the applicant shall be in violation of this ordinance which violation shall be treated as a nuisance subject to abatement and enforcement as all other nuisance violations.
(L) Penalty. Any person, firm or corporation violating any provisions of this Chapter shall be fined not less than $100 nor more than $500 for each offense, plus court costs and other expenses incurred in the enforcement of the said sections. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 291, passed 8-6-45; Am. Ord. 1644, passed 5-1-17)