(A) Approval and permit required for moving buildings and structures.
(1) No building or structure shall be moved to a new location over any street, bridge, other public property or private property within the corporate limits of the town without first obtaining the approval of the Board of Public Works and Safety and obtaining a permit from the Building Commissioner.
(2) Any person desiring to move a building or structure shall submit an application to the Building Commissioner on forms as may be prescribed by the Department. The application shall be accompanied by the following:
(a) A map indicating the proposed route;
(b) A letter from all public utility companies, railroads and cable television companies with facilities along the proposed route indicating that the applicant has deposited with the company adequate surety to cover the cost of any damages or changes in facilities resulting from moving the building or structure;
(c) A letter from the traffic division of the Police Department with recommendations regarding the proposed route and traffic control;
(d) A letter from the Director of the Department of Public Works indicating any problems or recommendations regarding public facilities and improvements;
(e) A letter from the Building Commissioner regarding the overall structural condition of the building or structure proposed to be moved;
(f) Approval from the County Highway Engineer if the proposed route includes any county highway or bridge;
(g) Approval from the Indiana Department of Transportation if the proposed route includes any state highways;
(h) Written authorization from any private property owner whose land must be crossed during the move; and
(i) A certificate of insurance and performance bond as required below.
(3) All applications for a permit to move a building or structure shall be referred to the Chief of Police and Municipal Works Director of the town. The town’s representatives shall review the application and recommendations made by all interested parties. If the town’s representatives determines that the moving and relocation of the building or structure can be made without injury to persons or to curbs, sidewalks, bridges, sewers, or other public or private property and improvements, the representatives may approve the moving permit application and the Building Commissioner may issue a moving permit.
(4) The Chief of Police and Municipal Works Director shall approve the route to be utilized for the move, at the time and date the move shall take place and the time and date when the move shall be completed. The Board may require other reasonable conditions as necessary to protect the public health, safety, and welfare.
(5) No application for moving shall be approved by the Board if the building or structure proposed to be moved has been damaged by wear or tear or another cause to an extent exceeding 50% of its original cost.
(6) Any building or structure that has been moved to a new location shall be rehabilitated or reconstructed so as to be made to conform to the provisions of this code for new construction.
(B) Insurance and bonding requirements.
(1) (a) The applicant for a moving permit shall agree to assume the responsibility for any personal injury or any damage to public or private property occurring as a result of moving a building or structure. The applicant shall agree to defend, indemnify and hold harmless the town, its departments, boards, employees, officers and agents from and against all claims, charges, damages, demands, costs, suits, liabilities and payments, expenses (including counsel fees), fines, judgments, penalties and/or losses of any kind or nature whatsoever, resulting from or in respect of any injury or damage to person or property caused negligently or otherwise from the moving of any building or structure and/or the granting of a moving permit.
(b) The applicant shall submit to the Building Commissioner a certificate of insurance as evidence that the applicant has liability insurance coverage endorsed for moving a building or structure in the following minimum amounts:
Each Occurrence | Aggregate | |
Liability for bodily injury | $500,000 | $1,000,0 00 |
Liability for public and private property damage | $500,000 | $1,000,0 00 |
Combined single limit coverage as follows:
Each Occurrence | Aggregat e | |
Liability for bodily injury and property damage | $1,000,000 | $1,000,0 00 |
(2) A building or structure shall be required to be placed on its permanent foundation within 30 days after being moved to a new location. An applicant for a moving permit shall submit to the Board of Public Works and Safety a performance bond or other form of surety acceptable to the Board, in an amount to be determined by the Board, guaranteeing that the moving of the building or structure shall be completed within the time specified by the Board and that the building or structure shall be placed on its permanent foundation within 30 days after being moved to a new location.
(3) In the event of adverse weather conditions or other unforeseen circumstances, the Board may, upon the request of the applicant, grant an extension of time to complete the move or to place the building or structure on its permanent foundation. The Board shall release the performance bond upon the satisfactory completion of the move and the placement of the building or structure on its permanent foundation.
(Ord. 96-640, passed 3-11-96; Am. Ord. 96-644, passed 6-10-96; Am. Ord. 99-714, passed 4-12-99; Am. Ord. 2012-004, passed 3-26-12)