This chapter may be cited as MOVEMENT OF BUILDINGS. (Ord. 265, 11-28-1978)

It shall be unlawful for any person to move or cause to be moved any building or structure of any kind or description to any lot, piece or parcel of land within the city, or within three (3) miles of any exterior boundary of the city, or over, along or across any highway, street or alley in the city, unless the consent of the city council for such moving has been obtained prior to the move, except as hereinafter provided in this chapter. (Ord. 265, 11-28-1978)

Except as provided in section 3-7-4 of this chapter, any person who owns, has any interest in, possesses or controls any building or structure of any kind or description and who desires or intends to move any such building or structure in, upon, over, along, across or through any public highway, street or alley within the city, or within three (3) miles of any exterior boundary of the city, shall first file a written application with the building inspector requesting the review by and recommendation of the planning commission and consent of the city council to such move and the issuance of a permit pursuant hereto. The application filed with the building inspector shall set forth the following:

   A.   Description; Current Location: A description of and the location of the building or structure proposed to be moved, giving street number, if any, construction, materials, dimensions, and condition of exterior, interior, plumbing and wiring;

   B.   New Location: The proposed new location of such building or structure;

   C.   Route: The route over which it is proposed to move the building or structure, and the proposed date of and the estimated time necessary to complete the move;

   D.   Use: The purpose for which the building or structure is to be used in its new location;

   E.   Description Of Work: A description of the alteration, repair, remodeling and other type of work that is to be performed upon the building or structure with a specification of the type of exterior finish that will be on the building or structure upon completion;

   F.   Cost Estimate: An accurate estimate of the cost of moving such building or structure and completion of the work on the building or structure and the previous and new locations required by this chapter. (Ord. 265, 11-28-1978)

   A.   Required; Notice: The application shall be presented to the planning commission at its next regular meeting after the filing of the application, and the planning commission shall set the matter for public hearing. The city clerk shall give notice of the time, place and purpose of such hearing by mailing a notice thereof not less than ten (10) days prior to the date of such hearing to each property owner owning property within three hundred feet (300') of the exterior limits of the parcel of property onto which the building or structure is to be moved. For the purposes of this chapter, "property owner" shall mean the taxpayer shown upon the latest assessment rolls of Elko County as being taxable for the property, the address on the assessment roll to be the address used for mailing of notice.

   B.   Decision Of Planning Commission; Recommendation: The planning commission shall file a written report with the city council that the application be granted as requested, granted subject to specific conditions, or denied. The planning commission recommendation shall be transmitted to the city clerk and a copy mailed to the applicant. Failure by the planning commission to file a report with the city council shall be deemed approval by the planning commission. (Ord. 265, 11-28-1978)

If the building or structure to be moved is to be moved more than three (3) miles beyond the city limits; or if said building or structure to be moved was constructed pursuant to a permit issued by the building inspector's office and in conformity with all current building codes of the city within a period of sixty (60) days prior to the date specified for moving; or if said building or structure is a new building constructed or prefabricated outside the city limits which has never been occupied or used for the purpose for which it is designed and which satisfied all applicable requirements of the current building or construction codes of the city; or if said building contains under four hundred (400) square feet of floor space and has not or is not now used for human habitation, then, in any of these events, the detailed application, notices and the public hearing provided for in sections 3-7-3 and 3-7-4 of this chapter shall be dispensed with and an application for a moving permit shall be made directly to the building inspector, which shall set forth sufficient information to establish that the applicant is entitled to a permit without a public hearing. If in the opinion of the building inspector the applicant is entitled to a permit without public hearing pursuant to this section, then, upon payment of a filing fee as set by resolution of the city council, all other costs incurred by the city and the filing of the bond as required by section 3-7-8 of this chapter, the building inspector shall issue a moving permit to the applicant, subject to the terms and provisions of this chapter. (Ord. 290, 8-26-1980)

The city council shall, after the presentation of the application, receipt of the planning commission recommendations, the public hearing and the consideration of all statements and materials submitted to it, either grant the application and consent to the move and authorize the issuance of a removal permit, subject to payment of a filing fee as set by resolution of the city council, all costs of publication and mailing, other costs incurred by the city, and the posting of a bond as required by section 3-7-8 of this chapter, or shall deny such application and refuse to consent to the moving and the issuance of a permit therefor. (Ord. 290, 8-26-1980)

If a permit is issued, the building inspector shall designate the streets over which the building or structure may be moved so as to minimize congestion and traffic hazards on public streets and shall set the time within which the same shall be moved. (Ord. 265, 11-28-1978)

Every permittee under this chapter shall:

   A.   Move the building or structure only over the streets designated by the building inspector.

   B.   Comply with all building, fire and construction codes, and any zoning ordinances, and all other applicable ordinances and laws upon relocating the building or structure in the city, or within three (3) miles of the exterior boundaries of the city.

   C.   Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises is left in a safe and sanitary condition, if the original site is within the city or within three (3) miles of the city limits.

   D.   Remove all building material, rubbish and scraps from the new site and fill in the site to existing grade so that the new site is in a safe, sanitary and orderly condition.

   E.   Complete the moving of said building or structure, the repair, remodeling and alteration of such building or structure as necessary to bring it into compliance with the requirements of this title, as amended, and all other applicable codes and ordinances relating to buildings and construction within the city, and perform all of the duties of the permittee under the terms of this section within six (6) months from the date of the issuance of the permit hereunder; provided, the city council may, for good cause shown, extend this completion date. (Ord. 265, 11-28-1978)

   A.   Conditions: Prior to the issuance of any removal permit pursuant to this section, the applicant shall file with the city clerk a bond, approved as to form by the city attorney, in the reasonable amount set by the city council at the time of approval of the application in cases acted on by such council or by the building inspector in cases acted on by him pursuant to this section, which bond shall be conditioned:

      1.   The moving of the building or structure; the necessary repairs, remodeling and alteration of such building or structure as necessary to bring it into compliance with all applicable building and construction codes, fire codes and zoning ordinances of the city; and the removal of all rubbish and materials from both the old and new building locations and the filling of all holes, trenches, and excavations to grade at both the old and new locations of the building; and all other work required of the permittee under this section; and shall be completed within the time set by the city council; and

      2.   The permittee shall pay for all damages that may accrue to the highway, streets or alleys, curbs, gutters, sidewalks, fire hydrants and water or sewer pipes in the city, or to any property of any person, in the moving of said building or structure; and

      3.   The permittee will pay all damages and costs and expenses necessary for the removal of, or the changing of, any telephone, telegraph, electric power, television or any other wires used for public convenience or utilities in the city, and all damages for the removal of any poles from the streets, sidewalks or alleys in the city; and

      4.   The permittee shall pay all other damages, costs or expenses incurred by the city or any person, who in any manner is damaged during the process of moving such building or structure.

   B.   Right To Sue And Collect: Said bond may be sued upon and collected upon by the city or any person or legal entity in any manner damaged by the moving of such building or structure. (Ord. 265, 11-28-1978)