A. State License Requirement: No person, except a state licensed house mover, shall move, raise or support free of its foundation any building or structure within the limits of the city, and every person, before engaging in the occupation of moving, raising or supporting of any building or structure, shall have and obtain such license. The above shall not be construed as preventing the owners of a building or structure from personally raising, moving or supporting such building or structure upon their own premises.
B. Permit Requirements:
1. Permit Required: Every licensed house mover shall, before raising, moving or supporting free of its foundation any building or structure, obtain a permit therefor from the city.
2. Application: A person seeking a permit shall contact the zoning official of the city to receive an application form and must file the completed application form with the zoning official. The applicant shall present plans to the zoning official for a plan review.
3. Hearing; Notice: Upon receipt of completed application, the zoning administrator shall schedule a hearing before the planning commission to consider the permit application, and mail notices to neighboring landowners within three hundred feet (300') of the boundary of the property to which the structure is proposed to be moved. Such written notice shall be mailed at least ten (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. Notice And Application Copies: Notice of the hearing and a copy of the application shall be provided to the Hawley public works department, and Hawley police department.
5. Planning Commission Consideration: The planning commission, in determining whether or not to recommend approval of the moving permit to the city council, shall consider the same factors that apply to the conditional use permits under the zoning ordinances of the city. In addition, they shall consider the following factors:
a. Whether such structure is so structurally unsafe that it could not be moved without endangering persons and property in the city.
b. Whether the structure is structurally sound and capable of meeting building requirements subsequent to the move.
c. Building official may require some code compliance work to be completed before the structure is considered to be moved.
6. Recommendation; Conditions: The planning commission, in recommending approval of a permit, may condition the permit upon the applicant meeting certain conditions, including, but not limited to:
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 Hawley public utilities 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.
d. The amount of a cash deposit or performance or completion bond required by the city council.
e. The amount of a cash deposit, or letter of credit for estimated costs that is required by the city council.
f. The alterations or repairs that must be made to the structure so as to comply with building code requirements and to upgrade the building so as to maintain the neighborhood integrity and appearance.
7. Place On Council Agenda: 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. (Ord. 230, 5-6-2002)
8. Fee: Any application for a permit shall be accompanied by a permit fee, which shall be in an amount shown in section 3-8-1 of this code. Such fee shall not be refundable if the permit is denied. (Ord. 230, 5-6-2002; amd. Ord. 246, 12-3-2007)
9. Deposit Or Bond: If a permit is approved, a cash deposit or performance or completion bond in an amount set in the permit shall be filed with the city clerk/treasurer prior to the issuance of the permit, and be signed by a good and sufficient surety, setting forth the completion date therein. Such bond is for the purpose of ensuring that alterations and repairs to the structure to bring it up to standards as required in the permit are accomplished. The date of completion shall be set by the city council and the zoning official.
10. Procedures For Outside City Limits: In cases where a building is ultimately being moved outside the city limits of Hawley, or in the case of the moving of an accessory building or single-story garage, the application and application fee shall be filed with the zoning official of the city, but no hearing or approval of the planning commission or city council is required. Instead the zoning official may approve the permit and attach any conditions permitted in subsection B6 of this section after providing notice and having consultation with the public works department, and the police department.
11. Appeal Of Decision: Any applicant whose moving permit is denied by the zoning official under this section may appeal such decision to the city council within fourteen (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, notify the persons, associations or corporations owning or controlling such electric wiring, cables or piping of the proposed moving of said building or structure. The person, association or corporation so notified, 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 shall be issued as herein provided for the removal of any house or structure, when such removal requires the displacement of any overhead electrical or other wire or cable, it shall be the duty of the person, association or corporation owning, operating or controlling such wire or cable, to remove or displace the same as far as may be necessary, at the cost and expense of the person to whom a permit has been issued, to permit the removal of such house, building or structure.
3. The person to whom a permit has been issued shall notify the police department and the public works department, and the person, association or corporation owning, operating or controlling such wire or cable, to remove or displace the same to facilitate the removal of said house, building or structure of the exact time in which the move will take place. Such time shall conform with the conditions of the permit on time of move, if any, and the period of time in which Hawley public utilities 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:
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.
2. Buildings In Streets, Lights Required: 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 chapter, when otherwise in compliance with section 10-4-5 of this title.
2. A state license will not be required for anyone moving a dwelling not exceeding six hundred (600) square feet in area or a residential accessory building, storage building, or similar building providing the building does not exceed nine hundred (900) square feet in area and the loaded width, exclusive of eaves, in all cases does not exceed twenty four feet (24').
F. Penalty:
1. Every person violating any of the provisions of this section shall 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 section. (Ord. 230, 5-6-2002)