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A. Permit Required; Fee And Bond:
1. It is unlawful for any person, firm, corporation, partnership or individual to move or cause to be moved on the streets or alleys of the city any house or building, or part thereof, or any similar structure without having first obtained from the city clerk a permit therefor. The applicant for a permit shall pay the city clerk a sum as set by the city council for each such permit, and shall deposit with the city clerk a good and sufficient bond as required in this chapter.
2. It is unlawful for any person, firm, corporation, partnership or individual to move or cause to be moved any house or building, or part thereof, or any similar structure, on the streets or alleys of the city without having first obtained such permit, paid such permit fee, and deposited such bond with the city clerk. (1985 Code § 5-601)
B. Application For Permit: The permit shall be obtained by making application therefor in writing. The written application shall recite the character of the thing or object to be moved and transported along or through and upon the streets and avenues, the proposed route of such transportation, and the place where any equipment used in effecting such transportation shall be placed and secured. (1985 Code § 5-602)
A. Required: No permit shall be issued by the terms of this chapter until such time as the applicant therefor shall have deposited with the officer issuing such permit, a cash or approved bond in such sum as may be reasonably necessary to protect the city and cover all loss from damage occurring to it or its citizens by reason of any negligence or improper occupancy of the streets, sidewalks and any and all property therein. (1985 Code § 5-603)
B. Amount; Conditions: Any negligence or improper occupancy of the streets, sidewalks or other public places shall be provided against in the bond and such bond shall be deposited upon the understanding that it is to cover all of the conditions as set forth in this subsection. All such persons as described herein, engaged as principals in the business herein described, shall file a surety bond to be approved by the city in the sum of fifty thousand dollars ($50,000.00) conditioned that such person shall save, indemnify, and keep harmless the city against any and all liabilities, judgments, damages, costs and expenses which may in any way accrue against the city, in consequence of the granting of such permit or while acting under the same, and will under all circumstances strictly comply with the terms of such license and permit. Any such surety bond shall not be in any manner affected by the fact of the cash deposit and bond required hereunder. (1985 Code § 5-603; amd. 2007 Code)
C. Passageway For Vehicles: Any such person as referred to herein or his laborer, servant, agent or employee shall cause a sufficient passageway to be kept open for vehicles to pass on one side or both sides of any building, structure, edifice, object or thing, while the same is being moved upon any street, avenue or alley and, when possible, the same shall be kept moving each day unless the actual elements render this impossible. (1985 Code § 5-603)
A. Time Limit; Penalty For Extra Time Taken:
1. At the time of application for a permit, it is the duty of the mover of any building or structure to estimate the reasonable time required for the moving of the building from its present location to its proposed location and shall state in his application for permit what he deems to be such reasonable time.
2. The mover shall bind himself to pay a sum as set by the city per day for each and every day, all or any part of which, the building or structure remains on the street in excess of the number of days allowed in the permit, and his cash deposit in addition to his bond shall be made liable for the payment of the amount. Nothing but an act of God shall be a defense against the payment of the sums. (1985 Code § 5-608)
B. Days Restricted:
1. The clerk shall not issue any permit on any day which, according to the estimated number of days required to move the building or structure, shall, when counted from the date of the permit, include a Sunday or legal holiday; provided, that this shall apply where the permit includes and provides that the persons moving such house shall begin on the day of the permit.
2. When a day is set on which the person moving the building shall begin to move the same and the day is different from the date of issuing the permit, then no permit shall be issued in such a way to include a Sunday or holiday within the time allowed for moving the building.
3. Where the number of days shall exceed five (5), the provisions of this subsection shall not apply. (1985 Code § 5-609)
C. Hours For Moving: No building shall be moved within the city between the hours of nine o'clock (9:00) P.M. and nine o'clock (9:00) A.M. the following day or between the hours of three o'clock (3:00) P.M. and six thirty o'clock (6:30) P.M., unless approved by the chief of police or city manager. (1985 Code § 5-614; amd. 2007 Code)
A. Limit To Size Of Building: No permit shall be issued to move any building which, in the judgment of the building official or city manager, might by any chance result in an injury to pavements, bridges, conduits or other street improvements within the city. (1985 Code § 5-607)
B. Protection Of Trees And Overhead Structures:
1. The person who may have a permit to move a building or structure over any street within the city shall by virtue of such permit derive no right to injure or impair the condition or usefulness of any shade tree, electric light, telephone or telegraph poles or lines.
2. No tree of any kind shall be cut, bruised, or scarred under any circumstances without the expressed permission in writing of the owner of the same and with the permission of the city.
3. In all cases where necessary to remove any electric light, telephone or telegraph construction, it shall be the duty of the person moving such building or structure to give not less than forty eight (48) hours' notice, excluding Saturdays, Sundays and holidays, to the public utility company or person owning or operating the same, which notice shall state the place, the construction which is necessary to be removed, or temporarily changed or altered, and the day on which it is desired to have such clearance made, as well as the amount of time it will be necessary to keep such space clear. (1985 Code § 5-605; amd. 2007 Code)
4. It is the duty of the person moving the building or structure to deposit an amount of money estimated necessary to cover the cost of the changing or moving of public utility overhead construction and replacing the same in its former condition in a sum as set by the city with the city clerk. Upon such deposit being made with the city clerk and such notice being delivered to the owner or operator of the telephone or telegraph line construction, it is the duty of the person owning or operating the overhead construction to make such temporary changes as are reasonably necessary to comply with the representations set forth in the notice made and delivered to him. (1985 Code § 5-605)
C. Warning Lights And Caution Signs:
1. Caution Signs: It is the duty of the permittee to place approved warning lights or signals plainly visible for not less than two hundred feet (200') on each and every side of the building or structure which is being moved at the close of each day and to keep same on throughout the entire night and until one hour after sunrise on the morning following. Such lights or signals shall be so placed and maintained that the view of same will not be in any sense obstructed. If necessary, as many additional lights or signals as may be necessary shall be placed at such other points on the building or structure as will enable any person of reasonable and ordinary prudence to take notice of the obstruction. (1985 Code § 5-604)
2. Guards Against Danger: It is the duty of the house mover to station sufficient persons on guard and to establish such notices by placards or boards in the immediate vicinity of the moving activities as will be necessary to apprise any reasonable person of any potential danger that might be incurred by coming closer to the moving operations or buildings being moved or the instruments or agencies used in the moving of the same. (1985 Code § 5-606)
A. Notify Fire And Police Departments: Any person desiring to move any building shall show his permit to the chiefs of the fire and police departments. If for any reason any delay is occasioned by any unforeseen contingency, it is his duty to inform the fire and police chiefs of such fact, to the end that the fire and police chiefs may keep accurate and recent information on the true conditions of the streets and alleys for fire prevention purposes. (1985 Code § 5-610)
B. Route Approval: No permit for the moving of any building shall be issued until the route and time of such removal has been approved by the chief of police. (1985 Code § 5-612)
C. Police Escort: If, in the judgment of the chief of police or his designee, the moving of any building may create a traffic hazard, the chief of police may require the person moving such building to provide a police escort for the purpose of regulating traffic along the route upon which such building is being moved. Any such police escort shall be at the expense of the house mover paid at a rate as set by the city council. (1985 Code § 5-613)
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