Subd. 1. Permit required. No licensed person shall move any building over, along or across any highway, street or alley in the city without first obtaining a permit from the Building Official and all other appropriate governmental agencies and utility companies.
Subd. 2. Application for permit. A person seeking issuance of a permit herein shall file an application for the permit with the Building Official. The application shall be made in writing upon forms provided by the Building Official and shall be filed in the office of the Building Official. The application shall set forth the following:
a. A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior and four photographs showing ground and street elevations for all sides of the building;
b. A legal description of the premises from which the building is to be moved;
c. A legal description of the premises to which it is proposed such a building is to be moved;
d. The portion of the premises to be occupied by the building when moved, if located in the city;
e. The highways, streets and alleys over, along or across which the building is proposed to be moved;
f. Proposed moving date and hours;
g. Any additional information which the Building Official shall find necessary to make a fair determination of whether a permit should be issued. The application for a permit shall be made at least 30 days prior to the proposed moving date in order to allow the Building Official to make the required inspection.
Subd. 3. Accompanying documents.
a. Tax certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all taxes and any other charges against the same are paid in full.
b. Certificate of ownership or entitlement. The applicant shall file with the application a written statement or bill of sale or other sufficient evidence that he or she is entitled to move the building.
Subd. 4. Fees, deposits and bond.
a. Generally. The application shall be accompanied by a permit fee in the amount as set by Council resolution from time to time, plus a sufficient sum, as estimated by the Building Official, to cover all other charges required under the terms of this chapter or any other ordinance of the city.
b. Deposit required. Upon receipt of an application, it shall be the duty of the Building Official to procure an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps or pole lines belonging to the city or any other property of the city, the removal and replacement of which will be required by reason of the moving of the building through the city, together with the cost of materials to be used in making the removals or replacements. Prior to issuance of the permit, the Building Official shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense.
c. Bond. No permit shall be granted until the party applying therefor shall also have given a bond in the sum of not less than $25,000 with good and sufficient sureties to be approved by the City Council and conditioned that the party will save and indemnify and keep harmless the city against all liabilities, judgments, costs and expenses which in any way accrue against the city as a consequence of the granting of the license or permit, including the cost to the city for the services of public utility maintenance men necessitated by the moving of any building and will in all things strictly comply with the provisions of this chapter and with the conditions of any and all permits which may be issued to them hereunder.
d. Letter of credit. In order to provide the city with the necessary security to insure that the owner corrects the deficiencies noted by the Building Official and meets all requirements relating to the moving permit within the 90 day period, the owner requesting the permit shall obtain and file with the city a letter of credit in the amount as determined by the Building Official to be one and one-half times the estimated cost to correct all deficiencies in the building. No certificate of occupancy shall be issued for the building until it complies in all respects with the city ordinances and State Building Code.
e. Inspection fees. Every applicant or permittee shall pay, in addition to all other required fees, an additional fee for mileage to be traveled by the Building Official in making any inspection under the provisions of this chapter or any other ordinance of the city computed from the City Hall to the site location of premises where an inspection is to be made, together with a fee at an hourly loaded rate, to be determined by City Council resolution from time to time, for the Building Official for the time spent in connection with the inspection.
f. Disposition of funds. The Building Official shall deposit all fees and deposits with the city in the same manner as all other receipts to the city are deposited.
g. Refunds.
(1) In the event that the City Council does not issue a permit to the applicant, the Building Official shall return to the applicant all deposits, bonds, insurance policies and letter of credit. Permit fees filed with the application shall not be returned.
(2) After the building has been removed, the Building Official shall furnish the City Administrator/Clerk with a written statement of all expenses incurred in removing and replacing all property belonging to the city and of all material used in the making of the removal and replacement, together with a statement of the damages caused to or inflicted upon property in the city. The City Administrator/Clerk, or his or her deputy, shall authorize the Building Official to return to the applicant all deposits after the deduction of a sum sufficient to pay for all of the costs and expenses and for all damage done to property in the city by reason of the removal of the building. Permit fees deposited with the application shall not be returned.
Subd. 5. Procedures for permit approval.
a. Inspections. Upon receipt of a completed application to move a building to a removal location in the city, the Building Official shall inspect the building wherever located and the equipment to be used to move the building to determine whether the building substantially complies with all city ordinances and equipment meets the standards for removal to the city, or whether any of the reasons for denial listed under Subd. 5b of this section are present. Following the inspection, the Building Official shall report his or her findings to the Shorewood Planning Commission.
b. Decisions of the Planning Commission. The Planning Commission shall receive the report of the Building Official and shall make its recommendation to the City Council to either approve, deny or conditionally approve the application.
c. Denial. Based upon the findings of the Building Official, the Planning Commission shall recommend denial of the permit application for any of the following reasons:
(1) That any application requirements or any fee or deposit requirement has not been complied with;
(2) That the building is too large to move without endangering persons or property in the city;
(3) That the building is in a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city;
(4) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the city;
(5) That the applicant’s equipment is unsafe and that persons and property would be endangered by its use;
(6) That zoning or other ordinances of the city would be violated by the building in its removal location;
(7) That for any reason, persons or property in the city would be endangered by the moving of the building;
(8) That the building in its removal location would fail to comply in any respect with any provision of any ordinance of the city or, in the alternative, that proper assurances of the compliance have, or have not, been given;
(9) That the building is not in substantial compliance with the city building ordinances and the State Building Code.
d. Decision of the City Council. Based upon the recommendation of the Planning Commission, the City Council shall approve, deny or conditionally approve the permit application.
Subd. 6. Conditions of permit. The building to be placed upon the removal location shall be completed for occupancy within 90 days after the date of the permit.
(1987 Code, § 1002.02) (Ord. 132, passed 4-11-1983; Ord. 143, passed 4-11-1983)