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A person, firm, or corporation seeking issuance of a permit hereunder, shall first file an application for that permit with the Administrator. The Administrator, upon receipt of this application, shall conduct an investigation and if in compliance with this chapter, shall issue the permit within seven days thereafter.
(a) Form. The application for the moving of a building within, through, or from the Village shall be made on forms provided by the Administrator, and shall be filed in the office of the Administrator.
(b) Contents. The application shall set forth:
(1) A description of the building proposed to be moved, giving street number, construction materials, exterior dimensions and heights, number of rooms, condition of exterior and interior, and sufficient structural information so that the Administrator may determine that the building, when moved, will comply with the Zoning Ordinance;
(2) A description of the lot from which the building is to be moved, if located in the Municipality;
(3) A description of the lot, if located within the corporation limits of the Municipality, to which it is proposed the building be removed, giving lot and street address;
(4) A plot plan showing the proposed location of the building when moved, if the building is to be removed within the corporate limits of the Municipality.
(5) The highways, streets, and alleys over, along, or across which the building is proposed to be moved;
(6) Proposed moving date and hours;
(7) Photographs of all four elevations of the building;
(8) Any additional information which the Administrator shall find necessary for a thorough inspection of the building and a fair determination of whether a permit should be issued.
(c) Accompanying Papers.
(1) Tax certificate. The owner of the building to be moved, if the building prior to moving, is located within the Municipality, shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of encumbrances and that all current taxes and any Municipal current charges or assessments against the same are paid in full.
(2) Certificate of ownership or entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence that he is entitled to move the building.
(3) Utility consents. Where utility companies supplying service to the Municipality will be affected, the applicant shall file with his application suitable letters of clearance of those utility companies consenting to the removal. It is determined that the following utilities will be affected except when the removal is limited to a relocation on the same or an abutting lot and no portion of any Village street will be entered upon: Electric, telephone, gas, railroads, water, and sewer.
(d) Fees.
(1) The application shall be accompanied by an inspection fee in the amount of fifty dollars ($50.00). The applicant shall make arrangements to afford an adequate inspection when initially made. Should applicant fail to do this and thus necessitate additional inspections, the Village is authorized to require an additional fifty-dollar ($50.00) inspection fee for each such additional inspection necessary.
(2) The application shall also be accompanied by a permit fee in the amount of fifty dollars ($50.00).
(3) The permit issued and fees charged pursuant to this chapter shall not be considered as a permit or license to install or erect the structure moved, and any person moving a building shall obtain all permits and pay all applicable fees required by the Zoning Code for new construction to the same extent as if he were erecting a new building.
(Ord. 1238. Passed 1-15-79.)
(a) The applicant shall deposit with the Municipality a one thousand dollar ($1,000) cash or certified check deposit to indemnify the Municipality against expenses or damages incurred itself or by its residents and property owners as a result of the building moving operation. The deposit shall be held for a period of sixty days after completion of the moving, which is deemed to be when the building is placed on the foundation. At the expiration of the sixty-day period, if no such expenses or damages are claimed, or having been claimed, have been satisfactorily adjusted by the applicant, the deposit will be returned to the applicant.
(b) If claims of damages are still being made at the end of such period, the Municipality may, at its option:
(1) Apply so much of the deposit as may be necessary to satisfy the claim and refund the balance;
(2) Retain subject to a decision of a court or of the parties involved an amount necessary to satisfy such claim and refund the balance;
(3) If the report of a claim has been acknowledged by the insurance company providing coverage for the applicant, then the deposit may be refunded. (Ord. 1238. Passed 1-15-79.)
An application hereunder shall be accompanied by a liability insurance policy or adequate certificate thereof, issued by an insurance company authorized to do business in the State, and approved as to form by the Law Director, in limits for bodily injury or loss of life of $100,000 per person; $300,000 per accident, and property damage liability of $50,000 per accident. The insurance shall serve as an indemnity for any damage which the Village may sustain by reason of damage or injury to any highway, street, alley, sidewalk, fire hydrant, traffic-control signals, or other property of the Municipality which may be caused by or be incidental to the removal of any building over, along, or across any street in the Municipality, and to indemnify and save the Municipality harmless from any claim for damages to persons or private property or legal expense as a result thereof, and to satisfy any claims by private individuals arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the Municipality. The insurance coverage shall also include protection in the event of explosion, collapse, or damage to underground utilities, and shall include a thirty-day minimum notice of cancellation provision.
(Ord. 1238. Passed 1-15-79.)
(a) The Administrator shall refuse to issue a permit if he finds:
(1) That all requirements of the Building and Zoning Codes will not be met by the building in its proposed location;
(2) That any application requirement or any fee or deposit requirement has not been complied with;
(3) That the building is of such physical dimensions or conditions as to preclude movement without endangering persons or property in the Municipality;
(4) 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 Municipality;
(5) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the Municipality;
(6) That the applicant's equipment is unsafe and that persons and property would be endangered by its use;
(7) That for any other reason persons or property in the Municipality would be endangered by the moving of the building.
(b) The Administrator shall issue a permit for moving the building if all requirements of the chapter are met.
(Ord. 1238. Passed 1-15-79.)
(a) Deposit. The Administrator shall deposit all fees and deposits, and all bonds or insurance policies or certificates with the Clerk of Council.
(b) Return Upon Nonissuance. Upon his refusal to issue a permit, the Administrator shall return to the applicant all deposits, bonds, insurance policies, and permit fees. Inspection fees filed with the application or thereafter charged and paid shall not be returned.
(c) Return Upon Allowance for Expense. After the building has been moved, the Administrator shall furnish the Clerk of Council with a written statement of all expenses incurred in moving and replacement, together with a statement of all damage caused to, or inflicted upon, property belonging to the Municipality. The Clerk shall authorize the Village Administrator to return to the applicant the expense and damage deposit after the Clerk deducts the sum sufficient to pay for all damage to the property of the Village by reason of the removal of the building. Permit fees deposited with the application shall not be returned. Monies may be retained to satisfy claims of private individuals in accordance with Section 1321.03. (Ord. 1238. Passed 1-15-79.)
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