Section 15.44.020   Moving buildings.
   A.   Permit. No building shall be moved on or across any public street, alley or other public place within the Village by any person except upon a permit issued by the Village through the Director of Public Works.
   B.   Application for Permit. Application for such permit, in a form acceptable to the Village, shall describe the building to be moved, where located, the place to which it is to be moved, the route to be taken, the time probably required for such moving and each other information as the Director of Public Works deems necessary.
   C.   Standards for Issuance of Permit. Upon consideration of the application and such inspection as the Director of Public Works may deem necessary, and upon receipt of all required fees and deposits, the Director of Public Works shall issue the permit; provided that, the Director determines that the applicant has complied with all other provisions of this section, and that:
      1.   The proposed move will not be detrimental to the public safety or welfare;
      2.   The proposed move will not damage private, Village or public utility property without the consent of the owner; and
      3.   The work proposed to be done is in accordance with this code, and that the necessary permits under this code have been issued.
   D.   Fees and Deposits. The applicant shall pay a non-refundable application processing fee of two hundred fifty dollars ($250.00) at the time the moving of a building application request is filed. Upon completion of moving the building, the Director of Public Works shall prepare a detailed account of all services provided for the moving of the building and shall set the final user fee using the rates, fees and charges established as provided in this chapter, plus a ten percent (10%) non-refundable administrative fee. The Village shall provide the authorized and responsible person identified in the application request with a copy of the detailed account of services and an invoice for the expenses. The balance of the expenses shall become due and payable immediately upon its receipt.
      1.   Use of Village Personnel. The rates charged for the use of Village personnel shall be fixed from time to time by resolution of the Village Council.
      2.   Use of Village Equipment. The rates charged for the use of Village equipment shall be fixed from time to time by resolution of the Village Council.
      3.   Use of Village Rights-of-Way. The rates charged for the use of Village rights-of-way property shall be at the rates set forth in this section, based on the extent of interference with or disruption of the normal use and operation of the Village right-of-way.
         a.   For the total closure of any public street or right-of-way for any block or part of a block, the cost shall be fifty dollars ($50.00) per hour.
         b.   For the partial closure or obstruction of any public street or right-of-way within any block, the cost shall be twenty-five dollars ($25.00) per hour.
      4.   Use of Village Supplies and Materials. The cost of materials to repair overhead wires, cables and appurtenances as well as costs of materials to repair any damage that might occur to any Village street, alley or public place over which the building may be moved.
   E.   Appeal. In the event the Director of Public Works denies a request to issue a permit to move a building, the Director's decision shall be subject to review by the Village Council, upon the written request of the applicant. If the Village Council finds the application to be in compliance with the requirements of this section, it shall adopt a resolution directing the issuance of such permit.
   F.   Liability Insurance. No permit to move a building shall be issued unless the applicant has first obtained liability insurance in a form and amount acceptable to the Director of Public Works and Village Attorney, which insurance shall indemnify the Village against any loss, costs or damages resulting from any injury to any of the workers or employees of the person engaged in the moving of the building, and indemnifying the Village against any loss, costs or damages resulting from any injury suffered by any other person or damage to any property resulting from the moving of the building.
   G.   Occupation of Streets. No building moved shall be permitted to stand or remain in the intersection of any street, or of any street and public alley, or upon any railroad crossing at any time during the course of its removal.
   H.   Lights. From dusk until sunrise on each night while a building being moved remains on the public streets or alleys of the Village, the person to whom such permit is issued shall maintain at the center and each end of such building adequate warning lights.
   I.   Care of Pavements. It is unlawful for any person moving a building to drive stakes in any pavement, public alley or at any railroad or railway crossing.
   J.   Supervision of Work. If the terms of the permit are not fully complied with, the Director of Public Works shall have the authority to stop such work and to direct and supervise the completion of such work in accordance with the terms of the permit or to take such action as may be necessary in any emergency which may arise. Such actions shall be at the applicant's expense and the deposit required may be applied toward payment of such expenses.
(MS-5-2019, Amended, 06/04/2019; prior code § 7.18)