(A) State licensure requirement. No person, except a state licensed house mover, shall remove, raise or support a building or structure free of its foundation within the limits of the city. The above shall not be construed as a measure to prevent the owners of a building or structure from personally raising, moving or supporting such building or structure upon their own premises.
(B) Permit requirements and application process.
(1) Permit required. Every licensed house mover or building owner shall, before raising, moving or supporting free of its foundation any building or structure, obtain a permit therefore from the city.
(2) A person seeking a permit shall contact the Building Official to receive an application for inspecting the property and must file the completed application form with the Zoning Administrator. The applicant shall present plans to the Building Official which at minimum, shall indicate lot size, orientation of the structure on the property respective to setback requirements and lot coverage requirements. The plan review shall be charged at 65% of the building permit fee (§ 107.3 Uniform Building Code) and a mileage charge (consistent with federal mileage rate) will apply if buildings are located outside the established metropolitan urban area. The Building Official shall physically inspect all buildings to be moved within/into the city (unless the building/structure is new construction and an inspection report from a Building Official is provided declaring the building/structure consistent with applicable codes).
(3) Upon receipt of a completed moving permit application, which shall include an inspection report from the Building Official(including filing fee), the Zoning Administrator shall schedule a hearing before the Planning Commission to consider the permit application, and mail notices to neighboring landowners within 350 feet of the boundary of the property to which the structure is proposed to be located. Such written notice shall be mailed at least 10 days prior to the hearing and a copy of the hearing notice and list of the property owners and addresses to which the notice was sent shall be attested and made a part of the record of the proceeding. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this section, provided a bona fide attempt has been made to comply with the notice requirements in this section.
(4) Any application for a permit shall be accompanied by a permit fee, which shall be in an amount equal to the fee charged for a conditional use permit. Such fee shall not be refundable if the permit is denied.
(5) Notice of the hearing and a copy of the application shall be provided to the Dilworth Public Works Department, Dilworth Police Department, Northern States Power Company, and Red River Valley Co-op (city staff requirement).
(6) The Planning Commission, in determining whether or not to recommend approval of the moving permit, shall consider the same criteria that apply to the issuance of conditional use permits. In addition, they shall consider the following factors:
(a) Whether the building/structure is potentially structurally unsafe and could endanger persons or property within the city if moved;
(b) Whether the structure is structurally sound and capable of meeting Building Code requirements subsequent to the move; and
(c) To note, the Building Official may require code compliance work to be completed before the structure is allowed to be re-located.
(7) Any permit granted must be in compliance with the rules of the Northern State Power Company, and/or Red River Valley Co-op relative to the interruption of electrical service to its customers.
(8) The Planning Commission, in recommending approval of a permit, may institute conditions upon the permit which may include, but not limited to the following.
(a) The route to be followed in moving the structure;
(b) The date and time limits in which the building may be moved;
(c) The amount of time in which Northern State Power Company, and/or Red River Valley Co-op or other association or corporation owning, operating or controlling wires or cable that must be moved or displaced to accommodate the move has to remove or displace wires or cables after receipt of notice of the time of the move and the amount of cash deposit, performance bond or completion bond that should be required by the City Council, if any;
(d) The amount of a cash deposit or letter of credit for estimated costs that may be incurred on behalf of the city, as required by the City Council; and
(e) Alterations or repairs that must be made to the structure to comply with Building Code requirements and/or to upgrade the building to maintain neighborhood integrity and appearance.
(9) After recommendation by the Planning Commission, the matter shall be placed on the agenda of the next City Council meeting. A favorable vote of a majority of the Council members present shall be required to approve the permit.
(10) If a permit is approved, a cash deposit, performance bond or completion bond in an amount set in the permit (if any) shall be filed with the City Administrator prior to the issuance of the permit, and be signed by a good and sufficient surety, setting forth the completion date therein. Such bond, if required, is for the purpose of ensuring that alterations and repairs to the structure as required within the Building Code or as required as a condition of the permit, are accomplished. The date of completion shall be set by the City Council and the Building Official.
(11) In cases where a building is being moved outside the city limits of Dilworth, or in the case where an accessory building or single story garage are to be moved, the application and application fee shall be filed with the Zoning Administrator, but no hearing or approval of the Planning Commission or City Council is required unless otherwise deemed necessary by the Zoning Administrator. In this circumstance, the Zoning Administrator may approve the permit and attach any conditions permitted within division (C)(8) above after providing notice and having consultation with the Dilworth Public Works Department, the Dilworth Police Department and Northern States Power Company, and/or Red River Valley Co-op. Any applicant whose moving permit is denied by the Zoning Administrator under this section may appeal such decision to the City Council within 14 days of the denial of the permit.
(C) Removal of wires, cables and pipes.
(1) The person to whom a permit has been issued shall, before raising or moving any building or structure to which electrical wires, cables or piping for any purpose are attached, shall notify the persons, associations or corporations owning or controlling such electric wiring, cables or piping. The person, association or corporation following notification, shall, within the time established on the permit, or if no time is established in the permit, within a reasonable time thereafter, disconnect and make safe the electric wires, cables or piping.
(2) In every case in which a permit is issued as herein provided, it shall be the duty of the person, association or corporation with ownership or controlling interests in the wire, cable or pipe to remove or displace the utility. The cost shall be the burden of the person whom receives the permit, or as otherwise negotiated between the person and the utility provider.
(3) The person to whom a permit has been issued shall notify the Dilworth Police Department, Dilworth Public Works Department, Northern States Power Company, and/or Red River Valley Co-op, and the person, association or corporation owning, operating or controlling such wire, cable or pipe, to remove or displace the utility concurrently with the removal of said house, building or structure. Such time shall conform with the conditions of the permit on time of move, if any, and the period of time in which Northern States Power Company, Red River Valley Co-op or other association or corporation has to move or displace overhead wires or cables shall be as set out in the permit, and if no time is set out in the permit, within a reasonable time thereafter to remove or displace such wires or cables sufficiently to allow the passage of said house, building or structure.
(D) Conditions of permit. The following conditions shall apply to each moving permit as issued by the City of Dilworth:
(1) Moving buildings across railway tracks. No house, building or structure shall be moved across any railway track except at such time as permitted by the persons, associations or corporations owning or controlling such tracks; and
(2) Lighting required on buildings/structures. When any building or structure is being moved across or through any street or alley, a red light must be illuminated at each corner of such building or structure from sunset to sunrise. All ropes, blocks, winches, windlasses or other equipment used in the moving of said building or structure must, when obstructing the free use of a street or alley, be protected by suitable lights from sunset to sunrise.
(E) Exceptions.
(1) Manufactured structures approved by state and local building authorities shall be exempt from the provisions of this section, when otherwise in compliance with § 153.045;
(2) A state license will not be required for anyone moving a dwelling not exceeding 600 square feet in area or a residential accessory building, storage building, or similar building provided the building does not exceed 900 square feet in area and the loaded width, exclusive of eaves, in all cases does not exceed 24 feet.
(F) Penalty. The following penalty(ies) shall apply:
(1) Every person violating any of the provisions of this section shall, upon conviction, be penalized in accordance with the schedule of fines established by the City Council.
(2) Nothing contained in this penalty provision shall prevent the city from obtaining a proper injunction or restraining order directed against any person violating any of the provisions of this section from the District Court for Clay County, Minnesota, in addition to such other penalties as allowed by this chapter.
(Ord. passed - -)