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§ 114.02 ACT PROHIBITED.
   It shall be unlawful for any person to move or allow to be moved any building into, out of, within or through the city without first securing a permit from the city, or to engage in the business of moving buildings out of, into, within or through the city unless being issued a license by the city.
(Prior Code, § 114.02) (Ord. 01-28, passed 5-7-2001; Ord. 17-03, passed 1-16-2017) Penalty, see § 114.99
§ 114.03 JURISDICTION.
   The provisions of this chapter shall be applicable within the corporate limits of the city and its two-mile extra-territorial jurisdiction as provided by Neb. Rev. Stat. Chapter 14.
(Prior Code, § 114.03) (Ord. 01-28, passed 5-7-2001; Ord. 17-03, passed 1-16-2017)
§ 114.04 LICENSE REQUIRED.
   Any person, before engaging in the business or occupation of building moving, shall obtain a license as provided in this chapter. The license fee shall be set by resolution. All such annual licenses shall be for a period of one year, commencing May 1 of each year and expiring April 30 of the next succeeding year. The building mover shall fully protect the city for damages sustained to persons or property, resulting from the moving of any building or parts thereof within the city and shall indemnify and keep the city harmless from any and all suits, costs, judgments, exactions, executions and liabilities as to personal injuries or property damage in connection with, or related to, either directly or indirectly, any building move or the issuance of such license. Before being granted a license, the building mover shall obtain and furnish the City Clerk’s office with proof of insurance reflecting compliance with § 114.05 of this code. Upon the license fee being paid to the City Clerk and, upon providing proof of insurance as required herein, it shall be the duty of the City Clerk to issue such license.
(Prior Code, § 114.04) (Ord. 01-28, passed 5-7-2001; Ord. 17-03, passed 1-16-2017; Ord. 18-03, passed 2-5-2018) Penalty, see § 114.99
§ 114.05 INSURANCE REQUIRED.
   Before being granted a moving license, the building mover shall place on file with the City Clerk’s office proof of insurance. The insurance shall be public liability with the amount as set by resolution and the city as an additional named insured. Any license issued under the provisions of this chapter shall be revoked should the building mover’s insurance policy expire or lapse. All certificates of insurance policies shall be reviewed by the City Attorney as to form.
(Prior Code, § 114.05) (Ord. 01-28, passed 5-7-2001; Ord. 17-03, passed 1-16-2017; Ord. 18-03, passed 2-5-2018) Penalty, see § 114.99
§ 114.06 CANCELLATION OR TERMINATION OF INSURANCE.
   Whenever any insurance policy required by the provisions of § 114.05 of this code is canceled or terminated for any reason, the general license of the building mover shall terminate unless the building mover shall immediately furnish a new policy in compliance with § 114.05 of this code. In such a situation, the building mover shall surrender the building mover’s license and shall cease the conduct of the business until a new insurance policy is furnished as required by this chapter.
(Prior Code, § 114.06) (Ord. 01-28, passed 5-7-2001; Ord. 17-03, passed 1-16-2017) Penalty, see § 114.99
§ 114.07 LICENSE SUSPENSION OR REVOCATION.
   A license issued under the provisions of § 114.04 of this code can be suspended or revoked by the city if in its opinion the licensee has demonstrated, through multiple violations, that the licensee is not capable or willing to comply with the requirements of this chapter. The length of suspension shall be based on the severity and frequency of documented violations.
(Prior Code, § 114.07) (Ord. 01-28, passed 5-7-2001; Ord. 17-03, passed 1-16-2017) Penalty, see § 114.99
§ 114.08 PERMIT REQUIRED.
   (A)   Before moving any building out of, into, within or through the city, except wholly upon private property, a permit shall be obtained by the building mover and owner of the building, by making application upon a form furnished by the Building Department for filing with the City Clerk. The application shall be signed by the building mover and owner of the building and include the following information:
      (1)   A description of the building and the address and legal description of its current location;
      (2)   The location of the lot to which the building is to be moved including its address and legal description;
      (3)   A detailed description or map of the proposed route over which the building is to be moved;
      (4)   The date and approximate time that the building will be moved, along with the length of time required for moving;
      (5)   Owner of the building;
      (6)   A certificate from the County Treasurer showing that all taxes and special assessments then due against the building and lot on which it stands have been paid;
      (7)   How and by whom the building is to be moved;
      (8)   Use of building at new site;
      (9)   A photograph of the building;
      (10)   Such additional information as may be requested by the city; and
      (11)   Request to exceed height limitation, if applicable.
   (B)   In addition, the following documents must accompany the application:
      (1)   A signed statement from all utility companies and also from any railroad or other utility company that has lines crossing the proposed route acknowledging that they have been notified of the move and that the move meets with their approval. If the move will interfere with the utility company, the signed statement must contain the nature and duration of the interference and the portions of the city to be affected;
      (2)   Certification from the Police Chief or designee that the Chief or designee has reviewed the date, time and route along with any recommendations for the move;
      (3)   Verification that the Chief Building and Code Inspector has inspected the building to determine the feasibility of moving it and compliance with this chapter and the Building Code once relocated, and that following such inspection the Chief Building and Code Inspector, or his or her designee, as approved the building for the move subject to a list of what, if any, changes, alterations or corrections need to be made to the building once relocated. The building permit obtained for the relocated building shall require the list of changes, alterations or corrections to be complied with;
      (4)   Verification that the Chief Building and Code Inspector, or his or her designee, has ascertained that the size, condition, proposed use and proposed construction alterations are in accordance with the zoning regulations of the city;
      (5)   Verification that a building permit has been applied for and approved for the relocated building;
      (6)   Proof that the insurance required under this chapter has been obtained; and
      (7)   A signed statement from a tree service insured and registered with the city as provided in § 96.11 of this code stating that any needed trimming of trees or shrubbery will not damage or otherwise disturb the trees or shrubbery and, if applicable, the signed consent required by § 114.19 of this code.
   (C)   (1)   The application shall be submitted to the City Clerk along with the required fee at least 21 calendar days before the Planning Commission meeting at which the application will be considered. The City Clerk shall then schedule the application for public hearings before the Planning Commission and City Council. The Chief Building and Code Inspector will report on the application for a moving permit to the Planning Commission, which shall investigate the matter.
      (2)   The Planning Commission, after the ten days’ notice and publication requirements of § 114.12 of this code, have been complied with, shall hold a public hearing and following the public hearing, shall make a recommendation to the City Council that the permit be granted or denied. The City Council, after the ten-day notice and publication requirements of § 114.12 of this code have been complied with, shall hold a public hearing, and following such public hearing shall grant or deny the permit.
(Prior Code, § 114.08) (Ord. 01-28, passed 5-7-2001; Ord. 17-03, passed 1-16-2017) Penalty, see § 114.99
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