No house, part of a house, or houses shall be moved from location outside the limits of the city to a location within the city limits, or moved from one location within the limits of the city, except and unless the provisions of this section have been fully complied with.
(A) An application shall be made to the Building Official by the person, firm or corporation desiring to move such house or houses, which application must state under oath the persons employed to do the work and whether by day labor or by contract.
(B) All houses to be moved shall be examined by the Building Official, and the owner or contractor shall furnish him/her with all facilities for such examination. If the building is not safe to be moved it shall be repaired to the satisfaction of the Building Official. No building shall be moved or permission be granted to move the building where sills, frames or other structural features are not sound or are infested with termites, until the condition has been repaired.
(C) Complete plans and specifications shall be submitted with the application, and such plans and specifications shall be drawn and planned so that the building in such new location shall conform with all provisions of the Building Code and these regulations and applicable codes.
(D) A minimum bond of $100 for each block or fraction thereof which distance such structure may be moved across, along or upon any public alley, street, avenue or way, shall be required and deposited with the Building Official to cover repairs of any damage done to the city property in the process of moving such structure. At the completion of the moving operation, the Building Official shall examine the route taken to move the building to determine the amount of damage, if any, to city property. Any damage to city property shall be repaired and paid for out of the required bond, the unexpended balance to be returned to the depositor.
(E) A remodeling permit shall be secured if the moved structure is to be remodeled or repaired.
(F) Before any moving permit shall be issued, the applicant shall deposit and place with the Building Official a good and sufficient surety bond payable to the city to be approved by the Risk Manager. When the building is moved and the improvements have been completed, the following conditions shall be complied with:
(1) The cost of such building or fair market value thereof shall be equal to the cost restriction contained in the deed or deeds affecting the subdivision in which said building is placed.
(2) All building, zoning, and land development regulations and ordinances of the city shall be complied with.
(3) The amount of such bond shall be equal to the restriction, providing the minimum cost for construction of houses within the area of the new location for such houses.
(G) When any application for the moving of a house or part of a house is filed with the Building Official and the building inspector has ascertained that the foregoing requirements have been complied with, he/she shall submit the application, plans and specifications of such house or houses to the Planning and Development Board. A moving permit shall not be issued until a determination is made by the Board. Upon receipt of the documents, the Department of Planning and Development Services shall publish a notice of hearing in accordance with Article 5 of the Zoning and Land Development Regulations. At the time and place designated in such notice, the Board shall conduct a hearing and shall determine:
(1) Whether the house or houses sought to be moved fully comply with the deed restrictions, building restrictions, and zoning restrictions applicable to the particular area to which the applicant desires to move such house or houses.
(2) Whether or not such house or houses conform according to the plans and specifications to the same class of construction, quality, cost and general appearance of buildings already constructed within the area to which such house or houses are to be moved.
The Planning and Development Board shall approve or disapprove the issuance of a moving permit based upon its determination as set forth herein and shall consider at such hearing any objections which may be made to such application, as well as the applicable provisions of existing building and zoning regulations. Upon the approval of a moving permit by the Board, the Building Official shall issue the required moving permit.
It shall be the duty of the Building Official and Code Enforcement to enforce all the provisions of this section. The general agent, architect, builder, contractor, owner or tenant or any other person who commits, takes part or assists in any violation of this section, or who maintains any building or premises in which any violation of this section shall exist, shall for each and every violation, upon conviction, be punished by fine or by imprisonment, or both. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. O-2001-18, passed 5-16-01; Am. Ord. O-2011-15, passed 5-4-11) Penalty, see § 151.999