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 or into the unincorporated areas of Elko County, or over, along or across any highway or street or alley in the unincorporated areas of Elko County unless the consent of the Elko County Planning Commission for such moving has been obtained prior to the move, except as hereinafter provided in this Chapter.

Except as provided in Section 4-12-4 hereof, 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 into or within the unincorporated areas of Elko County or over, along or across any street within the unincorporated areas of Elko County, shall first file a written application to the Elko County Planning Commission requesting the consent of the Planning Commission to such move end the issuance of o permit pursuant hereto. The application shall be filed with the Building Inspector of the County of Elko and shall set forth the following:

   (A)   A description of and the location of the building or structure proposed to be moved, giving street number, if any, construction, material dimensions, and condition of exterior, interior, plumbing and wiring;

   (B)   The proposed new location of such building or structure;

   (C)   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)   The purpose for which the building or structure is to be used in its new location;

   (E)   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. (Ord. 1978-M, 8-10-78; eff. 9-1-78)

   (F)   A description of the foundation upon which the building or structure is to be permanently affixed. (Ord. 1979-Y, 11-8-79)

Said application shall be presented to the Elko County Planning Commission at its next regular meeting after the filing of the application and the Planning Commissioners shall set the matter for public hearing before the Board no later than thirty five (35) days thereafter. The County Manager 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.

In addition to the foregoing the County Manager shall cause to be published a notice of public hearing; which notice shall be published once not less than ten (10) days prior to the hearing in a newspaper qualified to publish legal notices in the County of Elko. All cost of notification and notice as set forth in this Section shall be assessed to and paid for by the applicant regardless of the result of the hearing.

If the building or structure to be moved was constructed pursuant to a permit issued by the Building Inspector's Office of the County and in conformity with all current building codes of the County 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 County of Elko which has never been occupied or used for the purpose for which it is designed and which satisfies all applicable requirements of the current building or structure codes of the County, then, in any of these events, the detailed application, notices and the public hearing provided for in Section 4-12-2 and 4-12-3 above 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 public hearing pursuant to this Section.

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 all fees and the filing of the bond required by this Ordinance, the Building Inspector shall issue a moving permit to the applicant, subject to the terms and provisions of this Chapter.

The Elko County Planning Commission shall, after the presentation of the application, 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 fees and posting of bond, or shall deny such application and refuse to consent to the moving and the issuance of a permit therefor.

   (A)   An appeal may be taken to the County Board of Commissioners within fifteen (15) days after the date of the action of the Commission on any application filed pursuant to this Title. The appeal may be taken by any person aggrieved, or by any public officer, board or agency affected, by filing with the County Manager a written notice specifying the grounds for the appeal. Any member of the County Commissioners may within the same period call for a review of any such action by notice to the County Manager and such notice shall have the same effect as an appeal but shall require no fee. Filing of an appeal shall stay all proceedings in furtherance of the action appealed.

   (B)   Transmittal of Record: Upon notice by the County Manager that an appeal has been filed, the Planning Commission shall make available to the Council all documents constituting the record upon which the act on appeal was taken. The Commission shall be represented at the hearing on the appeal in order to make known the reasons for its decision.

   (C)   Notice of Hearing: The County Board of Commissioners shall give notice of the time and place at which the hearing will be held on any appeal filed pursuant to this Title to the applicant, to the appellant, to the Planning Commission and to any other person requesting such notice and depositing with the County Manager a self-addressed, stamped envelope for that purpose.

   (D)   Action of the County Board of Commissioners: The Board of Commissioners at the conclusion of the hearing on any appeal filed pursuant to this Title, may sustain, modify or overrule the action of the Planning Commission in the matter, or may refer any such matter back to the Planning Commission. The final order of the Board of Commissioners on any such appeal shall be effective forthwith.

If a permit is issued, the Building Inspector shall designate the route over which the building or structure may be moved as to minimize congestion and traffic hazards on public streets and shall set the time within which the same shall be moved.

Every permittee under this Section shall:

   (A)   Move the building or structure only over the mute designated by the Building Inspector.

   (B)   Comply with all building and construction codes, and fire zoning and zoning ordinances and all other applicable ordinances and laws upon relocating the building or structure in the unincorporated areas of Elko County,

   (C)   Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition, if the original site is within the unincorporated areas of Elko County.

   (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 all applicable codes and ordinances relating to buildings and construction within the unincorporated areas of Elko County, 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, however, the Elko County Planning Commission may, for good cause shown, extend this completion date.

Prior to the issuance of any removal permit pursuant to this Section, the applicant shall file with the County Manager a bond, approved as to form by the Elko County District Attorney, in the reasonable amount set by the Planning Commission at the time of approval of the application in cases acted on by such Planning Commission or by the Building Inspector in cases acted on by him pursuant to this Section, which bond shall be conditioned:

   (A)   That 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, tire codes and zoning ordinances of the County, and the removal of all rubbish and materials from both the old and the 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 shall be completed within the time set by the Elko County Planning Commission.

   (B)   That 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 unincorporated areas of Elko County or to any property of or to the property of any person, in the moving of said building or structure; and

   (C)   That said permittee shall pay for 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 unincorporated areas of Elko County; and

   (D)   Said permittee shall pay all other damages, costs or expenses incurred by the County of Elko or any person, who in any manner is damaged during the process of moving such building or structure.

Said bond may be issued upon and collected upon by the County of Elko or any person or legal entity in any manner damaged by the moving of such building or structure. (Ord. 1978-M, 8-10-78, eff. 9-1-78)

No permit for moving any building or structure shall be granted unless a foundation for such building or structure has been completed. (Ord. 1979-Y, 11-8-79)