(A) (1) Any person, firm or corporation who shall engage in the business of moving houses or structures shall, prior to moving of such structures on city streets, be required to obtain a permit for such move issued by the City Clerk. For the purposes of this section structures are defined as:
(a) A building or structure which, when loaded for transit has a width of more than 14 feet at its widest point as measured from its greatest projection at right angles to the direction of travel;
(b) A building or structure which, when loaded for transit is more than 13 feet, six inches in height when measured from the surface of the roadway to the highest point of the roof;
(c) A building or structure which is more than 30 feet in length.
(2) No permit shall be issued unless, in the written opinion of the City Engineer or his/her designee and the Director of Planning and Community Development or his/her designee, the building may be caused to comply with the city requirements for the erection of a new building at the proposed site, and has been issued zoning clearance by the Director of Planning and Community Development.
(B) Mobile homes. A permit shall be required under the provisions of this code for the movement of units categorized as mobile homes which are defined as or bear a HUD label, red in color, two inches by four inches identifying the home as a “manufactured home”.
(C) Right-of-way permit. At least five working days prior to the anticipated movement of any such structure on, over or along any public right of way within the city the moving permit holder shall make application for a right-of-way permit. The application for such permit shall contain the following information and attachments:
(1) The moving permit number;
(2) The moving permit fee receipt number;
(3) The street address of the destination point within the city, if applicable.
(4) The detailed description of the proposed route to the destination point or to the departure point from the city limits;
(5) The date and time requested for start and completion of the move.
(6) Any other pertinent information deemed appropriate by City Clerk.
(D) Display of permits. The moving and right- of-way permits shall be securely attached to the front of the structure (as determined by direction of travel) before preparations for movement have been initiated. The permits shall remain attached to the structure until the building has arrived at its final destination,
(E) Movement of oversize structures; definition. For the purposes of this section oversized structures shall be defined as follows:
(1) A structure with a height of more than 22 feet measured from the surface of the roadway to the highest peak on the roof in the loaded condition;
(2) A structure, when loaded for transit, having a width of more than 32 feet at its widest point as measured at the point of greatest projection at right angles to the direction of travel.
(F) Right-of-way permits; oversized structures. A right-of-way permit for an oversized building or structure, as defined herein, shall not be issued until the applicant provides the City Engineer with written acknowledgment of clearance from the telephone company, electric utility companies, the TV cable company, the City of Claremore Fire Department and the City of Claremore Police Department stating that satisfactory arrangements have been made to ensure that all overhead wires, signals and the like will be cleared by the moving building or that satisfactory arrangements have been made to clear such obstructions.
(G) Routing survey and special fees; oversized structures. An application for a right-of-way permit to move an oversized structure as defined herein shall be accompanied by a fee of $250. Such fee shall be in addition to all other permit fees required by this code. Upon receipt of such application, the City Engineer or his or her assignee, in the presence of the appropriate house/structure mover shall make a physical survey of the proposed route that will accommodate the movement of the oversized structure, the City Engineer shall coordinate with the Chief of Police to ensure that the Police Department is alerted during the movement of the structure.
(H) Licensing requirements. Every person, firm or corporation who shall engage in the business of moving houses or structures within the city limits of Claremore shall be required to produce, prior to applying for a moving or right of way permit, a license from the city. Such license shall be made available from the City Clerks office for a fee of $100 and shall be granted upon the terms and conditions hereinafter specified. Such license shall be valid for the period from July 1 to June 30 or any part thereof. A valid certificate of insurance shall remain on file during the term of the license.
(I) Application for a license. Any applicant seeking a house/structure moving license shall, at the time of application, pay all required fees and deposits; present evidence of public liability insurance coverage; post all required bonds; and file with the City Clerk an affidavit of ownership containing the business name to be used by the applicant, the names and addresses and telephone and FAX numbers of all principles or officers in the business, and the names of all agents or employees having a proprietary interest in such business.
(J) Licensee held responsible. Every person licensed to engage in the business of house moving shall ensure that his or her agents and employees comply with all requirements imposed by this code; the license holder shall have the same responsibility for all acts of his or her agents and/or employees as though the acts were performed by himself or herself.
(K) Transfer of license prohibited. It shall be a violation of this code for a licensed house mover to lend or otherwise transfer his or her license in order to permit an unlicensed person to operate under his or her license or in any manner to represent that such unlicensed person has the authority to so operate. Lending or transferring of a license shall be grounds for cancellation of that license.
(L) Equipment identification. All prime movers, tractors, trucks and other motorized vehicles owned, leased, rented, borrowed or otherwise under the control of a licensed mover and being used for the preparation or moving of a structure shall be plainly identified with the name and municipal license number of the mover displayed on the door panels of the vehicle(s) at all times.
(M) Bonding. A bond shall be executed to the city in the amount of $10,000 by a surety company authorized to do business in the State of Oklahoma; said bond shall be for the benefit of the city and any private person or corporation sustaining damages under the conditions thereof; any such private person or corporation shall be entitled to sue thereon, in his or her or its own name. Such bond shall be conditioned as follows:
(1) The licensee will in all respects comply with city ordinances related to the movement of houses or structures on, and the use of, city streets.
(2) The licensee will save, indemnify and protect the city from all liability which may arise or be occasioned directly from the moving of any such structure by the licensee or his or her agents or employees.
(3) The licensee shall pay all damages which may be caused to any person or property, either public or private within the city by the licensee, his or her agents or employees during the work associated with the moving of the structure.
(N) Cash deposits.
(1) Prior to the issuance of the license, the applicant shall deposit the sum of $1,000 for the purpose herein described. This deposit, or any part thereof shall be used to reimburse the city for actual damages sustained by any public property owned by the city as a direct result of the moving operation. The funds will be applied to correction of damages as follows:
(a) The City Engineer shall immediately authorize the reparation of damages to traffic control devices. Any charges for such repair will be taken from the cash deposit.
(b) The Engineer or his or her designated representative will advise the licensee of other damages to public property. In the event that the licensee shall fail to repair such damaged property within two working days after receipt of such notice the City Engineer shall cause such repairs to be made and to be paid from the $1,000 cash deposit.
(2) In the event that the deposit is insufficient to cover the cost of such repairs the city may proceed against the surety bond provided. Such deposit may also be used as a guarantee against delinquent or unpaid permit fees, costs in plugging sanitary sewer lines serving the house to be moved and any other unpaid costs directly related or occasioned by the movement of the structure.
(3) In the event that it is necessary for the city to use any of the deposit as herein provided, the license holder shall receive, in the form of a refund, and paid in a timely fashion any monies that remain as part of the deposit.
(O) Insurance.
(1) A Certificate of Insurance shall be held on file in the office of the City Clerk, naming the city as an additional insured. The certificate shall provide a minimum personal injury coverage of $1,000,000 per occurrence with a minimum $1,000,000 aggregate coverage. It also shall provide a minimum $1,000,000 products completed operations aggregate. Automobile insurance shall be required in the minimum limits of $1,000,000 combined single limit for bodily injury and property damage. Automobile liability coverage shall also be evidence with a certificate of insurance on file with the city.
(2) Additional coverage shall include $5,000 medical expenses, and $50,000 in fire damage legal liability, personal and advertising injury and blanket contractual liability.
(3) A 30-day notice of cancellation will be required on any certificate of insurance provided to the city.
(P) Guidelines for moving operation.
(1) Lights required. Every building or structure which occupies or travels upon any portion of a public right of way after sundown and before sunrise shall be marked with at least six continuously burning lights. One light shall be placed at each corner of the structure and one light on each side of the structure at the midpoint of its length as determined by the direction of travel. Such lights shall be placed to determine the extremes of the length and width of the structure. The color of the lights shall comply with the laws of the State of Oklahoma.
(2) Escort required. Each structure requiring a permit to be moved shall be escorted by two motor escorts at all times while traveling on any public street or right of way in the city.
(3) Time limitations on moving permits. The work of preparing a structure for moving and the actual work of structure moving shall be completed within three months after the effective date of the moving permit. A right-of-way permit shall also be obtained in accordance with the provisions of this section. Should the move not be performed as scheduled on the right-of-way permit, one new permit, valid for an additional three three-month period of time, shall be obtained from the Director of Public Works prior to any movement on, over, or across any street or highway.
(4) En route changes. If, while en route, the approved right of way is blocked or deemed impassable, an on the spot change may be approved by the City of Claremore Police Chief or his or her designee. It shall be the duty of the Police Chief or his or her designee to identify an authorized alternative route; such route shall be noted of record in the Police Chief's log. The absence of such entry in the Chief's log shall constitute prima facie evidence that any departure from the route approved on the right of way permit was unauthorized.
(5) Delays in transport; structure security.
(a) When actual movement of a structure does not occur within five calendar days of the completion of movement preparations all floor and first story openings to the structure shall be sealed. Structures shall be sealed with plywood or the equivalent, sufficient to prevent the entry by children or other unauthorized personnel into the structure. If the structure is halted en route for more than five days it shall be similarly sealed. As an alternative, a full- time guard shall be placed at the site.
(b) A structure shall not be parked or stored on any portion of a public right-of-way on public property without the prior approval of the City Manager or his or her authorized representative. A structure shall not be parked or stored on private property without the property owner's prior consent and knowledge and/or without proper zoning clearance.
(Q) Clearance of right-of-way obstructions.
(1) Poles and wires. Whenever it is necessary to raise or cut any telephone, TV, or electrical wire or cable to facilitate the moving of any structure, it shall be the duty of the house/structure mover to give the person, firm or corporation owning, maintaining or operating such poles, wires or cables at least 12 hours written notice of when and where the removal of such poles or the raising or cutting of such wires or cables will be necessary. In cases where the wires or cables to be raised or cut contain either police or fire telephone and/or alarm systems, the Fire/Police Chief, as appropriate, shall be notified. After service of the required notice it shall be the duty of the person, firm or corporation owning, operating or maintaining such poles wires or cables to furnish competent workmen to remove such poles or to raise or cut wires or cables. The costs of the above- described actions shall be the responsibility of the mover.
(2) Trees and fixtures. No tree on any street shall be injured or removed nor shall any branches be cut or trimmed without the prior written consent of the affected property owner.
(3) Obstruction of railway tracks. No house or structure shall interfere with the scheduled or unscheduled operation of railway trains.
(4) Property damage. Any and all repairs required as a result of damage to city property or the property of private citizens in the city shall be the responsibility of the mover. Such damage should be reported upon occurrence to the Police/Fire Chief.
(R) Additional safety requirements. The requirements of this section are to be construed as the minimum requirement. In individual cases the Director of Public Works shall have the power and authority to require the use of additional precautionary and safety measures other than those specifically mentioned in this section.
(S) Revocation or suspension of license. Notwithstanding the imposition of any fine or imprisonment authorized by this article, the City Clerk shall have the power and authority to revoke or suspend the license of any person, firm, or corporation who violates any provision of this section or fails to comply with any requirements or conditions imposed by this section.
(`83 Code, § 5-108) (Am. Ord. 2006-16, passed 9-18-06) Penalty, see § 150.999