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As used in this chapter, the following terms shall have the meanings ascribed to them:
BUILDING: A structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residential, business or mercantile storage, commercial, industrial, institutional, assembly, educational or recreational purposes.
CITY ENGINEER: The city engineer of the city, or any of his authorized personnel.
MOVING CONTRACTOR: Any person who engages in the work of moving in any way, or raising, lowering, supporting by shoring, or upon temporary blocking, jacks, or wedges, any building or other structure, or any part or parts thereof. (Rev. Ord. 2429, Comp. 1941, p. H-4)
A. Permit Required: No person shall move any building over, along or across any highway, street or alley in the city without first obtaining a permit from the city engineer.
B. Application For Permit: A house mover shall submit his application for a permit to move a building to the office of the city engineer prior to the proposed time of moving. The application for the permit shall be made in writing on forms provided by the city engineer and shall be filed in his office, and shall set forth:
1. A description of the building proposed to be moved.
2. A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city.
3. A legal description of the lot to which it is proposed such building be moved, giving the lot, block and tract number, if located in the city.
4. The highways, streets and alleys over, along or across which the building is proposed to be moved.
5. The proposed moving date and hours.
6. Any additional information which the city engineer shall find necessary to a fair determination of whether a permit should be issued.
C. Consents Of Utilities To Be Filed With Application: With the application for a permit to move a building, there shall be filed the consents to the routing by the telephone company, the public service company, the fire department, the police department and, where the route crosses railroad property, consent must be obtained from the railroad involved.
D. Owner Apprised Of All Costs: The building mover shall, when applying for a permit to move a building, submit evidence that the owner of the building to be moved is aware of the total of all costs and charges that will be incurred as a result of the moving, either through a signed agreement or a copy of a notification to the owner signed by both the mover and the owner.
E. Permit; Fee:
1. The application for a permit to move a building shall be accompanied by a permit fee in an amount set by resolution of the city council and collected by the city engineer's office.
2. In the event a building or structure is moved from the city of Waterloo, Iowa, to Cedar Falls, Iowa, or to Evansdale, Iowa, or if a building or structure is to be moved from Cedar Falls, Iowa or Evansdale, Iowa, into Waterloo, Iowa, the permit fee shall be equally divided between the city of Waterloo, Iowa, and the other city involved. In either event, only one permit fee shall be charged and the permit fee shall be paid to the city from which the building or structure is being moved.
3. Work performed by the city shall not require a permit.
F. Permits Not Transferable: No license or permit issued pursuant to this chapter shall be transferable. (Rev. Ord. 2429, Comp. 1941, p. H-4; amd. Ord. 2613, 11-13-1972; Ord. 3777, 3-25-1991)
A. Issuance Of Permit; Approval By City Officers: Upon the filing of the application for a permit to move a building, and payment of the fee therefor, and upon approval of the proposed move by the city forester, the traffic engineer, the city engineer and the building official, the permit sought shall be issued by the city engineer.
B. Denial Of Permit:
1. When, in the judgment of the traffic department, the city forester or the city engineer, the proposed building movement will result in an undue hazard to traffic, undue damage to streets, avenues, boulevards, thoroughfares, highways, curbs, sidewalks, trees or other public or private property, or where it shall be determined by the building official that the relocation of the building is not in the best interests of the surrounding property owners due to age of the structure or architecture not being compatible with the existing buildings, the permit sought shall be denied and the reasons therefor endorsed upon the application.
2. The permit to move a building shall also be denied in the event the structure will not comply with the provisions of this code or other ordinances of the city, or the laws of the state relating to electrical and plumbing requirements of new structures, unless the owner has obtained a permit to correct the violations; or, in the event the power or telephone company refuses to consent to the operations; or, in the event the structure will not comply with the zoning ordinances within the proposed location. (Rev. Ord. 2429, Comp. 1941, p. H-4)
A. After a change of use has been made in a building, the reestablishment of a prior use that would not have been legal in a new building of the same type of construction is prohibited, unless all the provisions of the building code, the city zoning ordinance and all other applicable provisions of this code or other city ordinances are complied with. A change from one prohibited use to another prohibited use shall be deemed a violation of the building code and of the city zoning ordinance.
B. Each moved building shall be made to comply with all the provisions of the city building code insofar as it is practical to do so. Sewer and water supply shall be provided.
C. All work required to bring the building moved up to the standards required by subsections A and B of this section shall be completed within six (6) months from the date the building is moved. (Rev. Ord. 2429, Comp. 1941, p. H-4)
A. Parking On Private Property: It shall be unlawful for any person to stop, stand or park a house, equipment, material or structure upon privately owned property without first having obtained the consent of the owner or person in charge of the privately owned property. Upon complaint of the owner or person in charge of the privately owned property, failure of the person to obtain the consent is declared to be an offense.
B. Direct Routes To Be Used; Hours; Lighting And Barricades 1 : In no case shall paved streets, alleys, avenues or public grounds be used for the purpose of moving any building unless they are in the most practical direct route from the place of origin to the place of destination. The movement, when commenced, shall be continued from sunrise to three o'clock (3:00) P.M., day by day, until completed, with the least possible obstruction to the thoroughfares occupied. No building shall be allowed to remain overnight on any street, crossing, or intersection, or so near thereto to prevent easy access to any fire hydrant; nor shall any building be allowed to unnecessarily obstruct traffic. Barricades of a type meeting the city engineer's specifications as to size and illumination shall be kept in a conspicuous place at each end and side of the building during the night, which shall be between sunset and sunrise.
C. Utilities:
1. Protection: Whenever in moving any building it shall be necessary to cut or move any electric light, telephone, traffic, or other wire, pole, or fixture, the owner of the wire, pole or fixture shall have the right to cut or move it or supervise the cutting or moving, and a written notice shall be given by the moving permittee to the owner at least forty eight (48) hours before the time required for cutting or moving, specifying the place; the person who requests the cutting or removal; and the time when the cutting or removal will be required. The expense of cutting or removing the wires, poles or fixtures, or supervising the cutting or removal shall be paid by the moving contractor, if the owner of the wires, poles or fixtures has done the work in accordance with the provisions of this code or other ordinances of the city relating thereto. If the owners of the wires, poles, or fixtures have failed to comply with the provisions of this code or other ordinances of the city relating thereto, then the owner shall bear all expenses of cutting or removing the same.
2. Abandoned Utility Connections: All abandoned water, sewer, electric and other service connections shall be plugged and sealed, and releases therefor shall be secured from the utility companies and from the city agencies involved; permission shall be required in any case, whether the building is moved or demolished, and releases shall be obtained prior to applying for the permit to move a building. (Rev. Ord. 2429, Comp. 1941, p. H-4)
Notes
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Any person intending to engage in the business of house moving shall file a written application for a house mover's license in the office of the city clerk. The application shall set forth, in such detail as may be required by the city engineer, the applicant's qualifications and experience; the kind or type of equipment he intends to use; whether or not he owns such equipment; and such other information as may be necessary to determine his qualifications as a house mover. (Rev. Ord. 2429, Comp. 1941, p. H-4)
A. Insurance:
1. Before any license required by this article shall be issued, the applicant therefor shall obtain and furnish to the city a certificate of insurance for commercial general liability with minimum limits of one million dollars/one million dollars ($1,000,000.00/$1,000,000.00) bodily injury and one million dollars ($1,000,000.00) property damage, this coverage to protect for losses while the building to be moved is on the lot and not physically in the street being pulled.
2. The applicant shall also furnish to the city a business automobile insurance certificate with minimum limits of one million dollars/one million dollars ($1,000,000.00/$1,000,000.00) bodily injury and one million dollars ($1,000,000.00) property damage, this coverage to include the vehicle pulling the trailer and trailer with load, to protect for losses while the unit is being moved on public streets and highways.
3. The insurance policies shall name the city as an additional named insured, and shall provide that the policy cannot be revoked, canceled or modified in any way until the city has been notified by certified mail at least ten (10) days prior to the proposed action.
B. Bond: The applicant for a license required by this article shall file with his application a bond with an approved corporate surety in the penal sum of ten thousand dollars ($10,000.00), conditioned that all work done under the license shall be done in a good and workmanlike manner, in accordance with all provisions of this code and all other ordinances of the city relating to house moving, and that the applicant will pay to the city or to any person injured, all damages for injuries to person or property, including, but not limited to, damages to any street, curb, sidewalk or to any other public property caused by negligence, fault or mismanagement of the applicant or person in his employ, or due to any other cause in doing any work under the license or a permit for such work. (Rev. Ord. 2429, Comp. 1941, p. H-4; amd. Ord. 3619, 2-6-1989)
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