A.   Definition: "Street" or "streets", as used in this section, means all streets and highways in the city which are not state trunk highways, county state aid highways or county roads.
   B.   Moving Permit Required And Application:
      1.   It is unlawful for any person to move a building on any street without a moving permit from the city.
      2.   The application for a moving permit shall state the approximate size and weight of the structure or building proposed to be moved, together with the places from and to which it is proposed to move the same, and proposed route to be followed, proposed dates and times of moving and parking, and the name and address of the proposed mover. Such application shall also state any municipal utility, street and public property repairs or alterations that will be required by reason of such movement.
   C.   Permit And Fee: The moving permit shall state date or dates of moving, hours, routing, movement and parking. Permits shall be issued only for moving buildings by building movers licensed by the state. Fees to be charged shall be separate for each of the following: 1) a moving permit fee to cover use of streets and route approval; and 2) a fee equal to the anticipated amount required to compensate the city for any municipal utility and public property (other than streets) repairs or alterations occasioned by such movement. The latter shall be paid in advance.
   D.   Building Mover Requirements: The building mover shall:
      1.   Use Designated Streets: Move the building over those streets only which are designated for such use in the permit.
      2.   Notify Of Revised Moving Time: Notify the city in writing of any desired change in the date or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the city, and notify the police department at least twenty four (24) hours prior to commencing movement of the building.
      3.   Notify Of Damage: Notify the city in writing of damage caused to property belonging to the city within twenty four (24) hours after the damage or injury has occurred.
      4.   Display Lights: Cause warning lights or signals to be displayed during all times on each side of the building while situated on a public street in such manner as to warn the public of an obstruction, and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by reason of the presence, movement or removal of the building.
      5.   No Parking: Not park the building on any city street at any time during the moving process.
      6.   Comply With Governing Law: Comply with the building code, the provisions of the city code and all other laws.
      7.   Pay Expense Of Officer: Pay to the city the expense of any traffic officer ordered by the city administrator to accompany the movement of the building to protect the public from injury.
   E.   Owner's Permit Required And Application:
      1.   Permit: It is unlawful for any owner of land in the city to or from which a building is to be moved to permit such movement without an owner's permit.
      2.   Application: A person seeking issuance of an owner's permit shall file a written application with the city. If no moving permit is required under this section, the application shall also include the address and legal description of the land on which the building is situated, and if within the city, to which it is proposed to be moved, the route, including identification of streets or roads over which it is to be moved, the distance, the proposed date of movement, and such other information as the city shall require for the determination to be made hereunder. The application shall not be accepted for filing unless accompanied by the following:
         a.   Evidence that all real estate taxes and special assessments against the building and land from which it is to be removed are paid in full.
         b.   A written statement, bill of sale or other written evidence that the applicant is entitled to move the building.
         c.   Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the applicant.
         d.   Payment of the permit fee.
         e.   If the building is to be located within the city after its movement, a survey by a licensed surveyor of the land to which the building is to be moved, including the location of the building in relation to the boundaries of the land.
         f.   If the building is to be located within the city after its movement, photographs of: 1) two (2) or more views of the building to be moved; 2) the lot on which the building is to be located; and 3) the lands and structures thereon adjacent to the lot on which the building is to be located.
      3.   Council; Public Hearing:
         a.   Where applicant requests the moving of a building to a location within the city, the council shall hold a public hearing on whether a permit shall be issued not later than sixty (60) days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the hearing shall be given by publication and by mailing to the owners of real property situated within three hundred feet (300') of the land to which the building is to be moved at least ten (10) days prior to the date of the hearing. Notice containing the same information shall be posted at the city administrative offices not less than ten (10) days prior to the date of the hearing.
         b.   Not later than five (5) days after conclusion of the hearing the council shall either deny the permit in writing stating one or more of the grounds stated in subsection I of this section, or authorize issuance of a permit.
      4.   Owner Responsibilities: The owner shall:
         a.   Clear Premises: Remove all rubbish and materials and fill all excavations to existing grades at the original building site, if within the city, so that the premises are left in a safe, neat and sanitary condition. All foundation structures shall be removed to a depth of eighteen inches (18") below the finished grade of the earth.
         b.   Remove Service Connections: Cause any sewer lines to be plugged, shut off or removed, if the original site is within the city, in such manner as may be required by the city.
         c.   Completion Of Remodeling: If the building is relocated in the city, complete, within ninety (90) days after removal, all remodeling, additions or repairs as indicated in the application, in any document filed in support thereof, or in any building permit issued in connection therewith.
         d.   Take all reasonable precautions to secure the building and to reduce danger to any member of the public until the building is set on its foundation and any remodeling, additions or repairs, described in the application, have been completed, including, but not limited to: 1) locking all doors and windows; 2) providing sufficient support or bracing so as to stabilize the building to prevent it or any part thereof from sliding, slipping, falling or moving; and 3) erecting and maintaining a security fence or wall, the base of which shall be no higher than four inches (4"), and the top of which shall be at least four feet (4') above the surface of the ground and which shall enclose the entire building as well as the excavation for the foundation.
   F.   Fees And Deposits: Upon completion of the moving of a building pursuant to a permit, the amount which the applicant has deposited in conjunction with the filing of the application shall be returned to him, less all amounts which any holder of a permit shall or may become liable to the city and which the city may retain under any provision of this section. The permit fee paid upon filing of the application shall not be returned.
   G.   Conditional Permits: Any permit granted under the terms of this section may have attached thereto written conditions which shall be strictly adhered to by the permittee.
   H.   Building Permits And Certificates Of Occupancy:
      1.   Whenever an application is made to move a building which would not, after moving, comply with all then current building codes, or if changes are required or contemplated contemporaneously with such application, a separate building permit shall also be applied for.
      2.   No moved building, whether or not a separate building permit is required under subsection H1 of this section, shall be occupied before the city makes its final inspection, and issues a certificate of occupancy.
   I.   Denial Of A Permit: Any permit under this section shall be denied upon a finding of any one of the following:
      1.   Applicant has not complied with any requirement of this section;
      2.   Persons or property in the city would be endangered by moving the building, because of shape, size, route, or for any other reason;
      3.   The building is in such state of deterioration or disrepair, or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the city;
      4.   The building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the city;
      5.   The equipment for moving the building is unsafe and persons and property would be endangered by its use;
      6.   The building or its use would not be in compliance with zoning, building codes or other provisions of this code, if the location to which the building is to be moved is in the city; or
      7.   If the location to which the building is to be moved is in the city, the building is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the buildings existing in the neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten (10) years older than the oldest building situated on the lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance.
   J.   Building Permit And Code Compliance: Before any building is moved from one location to another within the city, or from a point of origin without the city to a destination within the city, regardless of the route of movement, it shall be inspected and a building permit shall have been issued for at least the work necessary to bring it into full compliance with the state building code. (Ord. 134, 2nd Series, eff. 10-29-1984; amd. 1992 Code)