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(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.)
The Administrator shall procure from the applicant a list of designated streets over which the building is to be moved. The Administrator shall have the list approved by the Police Chief and the Fire Chief, and shall reproduce the list upon the permit in writing. In making their determination, the departments shall act to assure maximum safety to persons and property in the Village and to minimize congestion and traffic hazards on public streets.
(Ord. 1238. Passed 1-15-79.)
(a) Duties of Permittee. Every permittee under this chapter shall:
(1) Use designated streets. Move a building only over streets designated for such use in the written permit.
(2) Notify of revised moving time. Notify the Administrator in writing of any and all changes in moving date and hours as proposed in the application, 48 hours prior to moving.
(3) Notice of damage. Notify the Administrator in writing of any and all damage or injury done to property belonging to the Municipality, and any other damage, within 24 hours after the damage or injury has occurred.
(4) Street occupancy period. Allow no building to be left standing on the improved or unimproved portion of any street overnight or for more than two hours during the daytime, unless an extension is granted jointly by the Fire Chief, Police Chief, and the Administrator. Such an extension for overnight shall not be granted except in the case of extreme emergency.
(5) Comply with governing law. Comply with the Fire Prevention Code, the Planning and Zoning Code, and all other applicable ordinances and laws upon relocating a building in the Municipality.
(6) Pay expense of officer. Pay the expense of a traffic officer to accompany the movement of the building, to protect the public from injury and damage, at the rate of ten dollars ($10.00) per hour per officer.
(7) Pay expense of other Village employees. Pay the expense of Municipal employees for cleanup, tree trimming, sign removing, and the like.
(8) Clear old premises. Within 48 hours after moving the building, remove all rubbish and materials and fill all excavations to existing grade at the original building site, if located within the Municipality, so that the premises are left in a safe and sanitary condition.
(9) Remove service connection. See that the sewer lines are plugged to the satisfaction of the Sewer Department and that the water is shut off and meter returned to the Municipality. The permittee shall notify the gas and electric service companies to remove their services.
(10) Protect foundation. Move the house onto its new foundation and backfill within 60 days after moving the building to the new location, providing adequate safety measures in the interim.
(b) Permittee Liable for Expense Above Deposit. The permittee shall be liable for any expenses, damages, or costs in excess of deposited amounts or securities, and the Law Director shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery thereof. (Ord. 1238. Passed 1-15-79.)
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