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(A) Application for a permit required by this subchapter shall be filed with the Building Official on a form provided for that purpose, and shall contain the following information:
(1) Name of the mover and his or her address;
(2) Present location of the building to be moved;
(3) Owner thereof;
(4) Location of the property to which the building is to be moved;
(5) Route for movement; and
(6) Time the movement is to begin, and the estimated time the move will be completed.
(B) The written application shall be received by the Building Official in duplicate, and one copy of the application promptly transmitted to the Director of Public Works for his or her inspection and approval.
(1998 Code, § 22-542)
(A) If the Building Official approves the application for a permit under this subchapter, he or she shall require either a written or cash bond from the applicant in an amount of not less than $5,000 and not more than $50,000, which amount is to be determined by the City Building Official, payable to the city, for the use and benefit of itself and any person who claims injury to his or her property by reason of the move, executed by the applicant as principal and by a surety company (if not a cash bond) duly licensed to do business in the state, and approved by the city as surety, conditioned that the applicant shall repair any damage and injury to any street or alley that may be caused by the move, and leave the streets and alleys in as good condition as they were prior to the move, and make good any damages sustained to private property occasioned by the move.
(B) After the building is moved the applicant may make application to the City Building Official for the refund of the bond; whereupon, the City Building Official shall give notice thereof to the Director of Public Works, whose duty it shall be to investigate the streets and alleys over which the building was moved by the applicant, and he or she shall investigate any claims which may be made by any persons as to damages sustained by them to their property. If such streets and alleys are found in good repair or undamaged or if damages to have been suitably repaired by the applicant, and if no persons have sustained damages to their property by occasion of the move or if the damages have been suitably repaired by the applicant, the Director of Public Works shall so report to the City Building Official and he or she shall file a report with the City Commission for action by it at its next meeting, together with the application for refund on the bond for its action.
(C) If the Director of Public Works shall report that the applicant has not repaired the streets or alleys after having caused damage to them in moving the building over the streets or alleys, or has not made settlement with any person after having damaged his or her property in making the move, a report setting out the facts shall be made by the City Building Official and the bond shall not be refunded to the applicant until the City Commission is satisfied that the terms of the bond have been fully complied with.
(1998 Code, § 22-544)
If the Building Official shall deny the permit required by this subchapter, he or she shall give notice in writing of his or her denial to the applicant by depositing the notice in the United States mail, addressed to the applicant, using the address furnished by the applicant.
(1998 Code, § 22-546)
Any applicant under this subchapter shall have the right to appeal from the adverse decision of the Building Official, the appeal to be perfected by giving notice in writing of his or her decision, addressed to the City Commission, and mailed or personally delivered to the City Secretary within a period of ten days following receipt of the written notice of the adverse decision of the Building Official.
(1998 Code, § 22-547)
The City Secretary shall receive the notice of appeal as provided in § 122.26 of this chapter and place the matter before the City Commission at its next regular meeting, at which time the applicant shall have a full hearing. The City Commission shall either sustain the action of the Building Official or it shall reverse him or her and order the issuance of a permit, setting the amount of the bond to be required of the applicant, as set forth in this subchapter, but in no event to exceed the sum of $50,000. If the City Commission sustains the action of the Building Official, no permit shall be issued and the action of the City Commission shall be final; provided, however, the applicant shall have the right to bring suit in a court of competent jurisdiction to complain of the action of the City Commission only if the suit is brought within 15 days from the date of the action of the City Commission.
(1998 Code, § 22-548)
(A) A permit issued under the provisions of this subchapter shall be in the form and contain such information as the City Commission may require; provided that, each permit, whether expressly stated therein or not, shall be issued on the condition that the permit holder will pay all damage done directly or indirectly to any city street, alley or way or any other public or private property.
(B) Before issuance of the permit, the applicant shall be required in writing to agree to the following.
(1) After moving, the applicant shall bring the structure into compliance with the applicable provisions of the Building Code adopted in this chapter within 120 days.
(2) In the event of failure to bring the structure into compliance with the Building Code adopted in this chapter as provided in division (B)(1) above within the required period of time, the applicant shall remove the structure from the property at his or her expense within 30 days following the expiration of the period of time.
(3) In the event of failure to comply with the provisions of division (B)(2) above, the city may remove the structure at the applicant’s expense.
(C) The Building Official shall prepare the necessary forms to implement all provisions of this chapter.
(1998 Code, § 22-549)
The application for a permit to move a building on, over or across city streets, alleys or railroads shall include a statement of the time required for the movement. The granting of a moving permit shall be predicated upon this length of time, and movement shall be in conformance with the stated time, subject to acts of God, disaster or civil disturbance.
(1998 Code, § 22-550)
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