Fergus Falls City Zoning Code
CHAPTER 150
BUILDING REGULATIONS; CONSTRUCTION
§ 150.001 CODE ADOPTION.
(A) The state’s Building Code, established pursuant to M.S. Ch. 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the state’s Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted as the Building Code for the city and is hereby incorporated in this subchapter as if fully set out herein.
(B) The following optional provisions of the state’s Building Code are also adopted by the city: Minn. Rules Ch. 1335, Flood-Proofing Regulations, parts 1335.0600 to 1335.1200, and Grading, International Building Code App. J.
(C) The application, administration and enforcement of the code shall be in accordance with the State Building Code, and shall be applicable throughout the city and within the extraterritorial limits permitted by M.S. § 326B.121(d), as it may be amended from time to time. The code enforcement agency of the city is called the “Building Official and Zoning Administrator Office” and the city’s Building Code shall be enforced by the state’s certified Building Official designated by the city to administer the code under M.S. § 326B.133, as it may be amended from time to time.
(D) A person, firm or corporation must not engage in any activity for which a permit is required under the State Building Code without first obtaining the required permit and having it in effect at all times.
(E) The issuance of permits and the collection of fees shall be as authorized in the state’s Building Code and the city fee schedule. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with M.S. § 326B.148, as it may be amended from time to time.
(F) Prior to the city processing or approving any permit application under the city’s official controls, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest or city utility fees due for the property to which the application relates. Application for permits shall not be processed until outstanding amounts are paid in full. Property taxes which are being paid under the provisions of a stipulation, order or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this section; provided, all required payments that are due under the terms of the stipulation, order, confession of judgment or appeal have been paid.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.002 COMPLETION TIME.
Any construction for which a building permit has been issued for exterior work shall be completed and ready for occupancy according to the approved plans and specifications within 180 days following issuance of the permit, unless within that time an extension is granted by the Building Official.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.003 FEES.
Permit fees shall be assessed for work governed by this code in accordance with the fee schedule approved by the City Council.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.004 PLANS AND SPECIFICATIONS.
(A) With each application for a building permit, and when required by the Building Official for enforcement of any provision of the Building Code, two sets of plans and specifications must be submitted.
(B) All plans and specifications must be prepared and signed by a “registered architect” or a “registered professional engineer” who is qualified by registrations as required by M.S. § 326.02, as it may be amended from time to time. This provision does not apply to a single-family dwelling or any other structure if the cost will not exceed $30,000 and any other building exempted by statute.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.005 CERTIFICATE OF SURVEY.
(A) The applicant for a building permit to build a new residential, commercial or business building, or any addition to a commercial or business building, including multi-family dwellings of three or more dwelling units, must also submit with the application a certificate of survey for the lot where the construction will occur.
(B) The certificate of survey must provide the following information and be attested to by a registered land surveyor qualified by registration as required by M.S. § 326.02, as it may be amended from time to time:
(1) Scale of drawing;
(2) Legal description;
(3) Dimensions of lot and north point;
(4) Dimensions of front, rear and side yards;
(5) Locations of all existing buildings;
(6) Location of proposed building construction;
(7) Location of stakes established by the surveyor at each corner and along each side lot line every 20 feet. The maintenance of these stakes once established by the surveyor will be the responsibility of the building permit applicant;
(8) The location of all recorded easements including those shown on recorded plats;
(9) The proposed disposal of surface water drainage (indicate direction of surface water drainage by arrows); and
(C) A certificate of survey is required for all new construction and all additions to commercial or business buildings, including multi-family dwellings of three or more dwelling units; however, the Building Official may waive the requirement for a certificate of survey for commercial or business additions if the applicant and contractor submit a scaled drawing and sign a form provided by the city certifying:
(1) They have located all property boundary stakes placed by a registered land surveyor and the maintenance of the location of the existing stakes will be the responsibility of the applicant;
(2) They are responsible for ensuring the structure meets applicable setback requirements;
(3) They understand the city can require a survey of the property if there is reason to question the submitted drawing;
(4) They will discontinue work if a violation is found and correct any illegal setbacks, including removal of the structure;
(6) Other information reasonably required by the Building Official.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.006 SITE CONDITIONS.
During construction, the construction site must be kept free of garbage and debris at the end of each workday. Materials and equipment used for construction may be left on site. Storm water best management practice devices must be installed at all times, function properly and be inspected weekly or within 24 hours of a one-half inch rainfall event. All necessary best management practice maintenance must be completed within 72 hours. Dumpsters are required and must be removed before a certificate of occupancy is issued or final inspection approved.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.020 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GAS PIPING CONTRACTOR. A person engaged in the business of installing, altering, repairing, testing or extending gas lines, oil burners, gas or oil piping or gas appliance items or connections.
MECHANICAL CONTRACTOR. A person engaged in the business of installing, altering, repairing, or extending a heating, ventilating or exhaust system, refrigeration unit, air conditioning unit, manufactured gas or wood fireplaces and stoves, manufactured chimney and venting systems, hot water, low-pressure steam equipment or other mechanical equipment or systems discussed in the International Mechanical Code and International Fuel Gas Code adopted as part of the State Building Code.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.021 LICENSE REQUIRED.
(A) A person, firm or corporation must not engage in the business of a mechanical contractor or gas piping contractor within the city without first obtaining a license from the city.
(B) An employee of a mechanical contractor or gas piping contractor must not engage in any activity for which a license is required without first obtaining a license from the city.
(C) An applicant for a license must submit a copy or other evidence of the applicant’s (or its employer’s) bond posted with the state. No city bond is required.
(D) (1) A license applicant must also submit a certificate of insurance certifying that the business is currently insured by an insurance company licensed to do business in the state. The insurance must be in the form prescribed by the city. The minimum limits of coverage for the insurance must be:
(a) Each claim: at least $100,000;
(b) Each occurrence: at least $300,000;
(c) Property damage: at least $50,000; and
(d) Worker’s compensation: statutory amounts.
(2) The insurance must be kept in force during the term of the license and must provide for notification to the city ten days before termination or cancellation. A license is automatically revoked upon notice of termination or cancellation of this insurance and will remain revoked until other insurance is provided as required.
(E) The Building Official may require the license applicant to undergo an examination before a license is issued. The examination will be for the purpose of determining the applicant’s ability to adequately undertake the work being licensed. The applicant must perform to the satisfaction of the Building Official before a license will be granted.
(F) A license is renewable annually on or before January 31 of every year and may be revoked, suspended or refused renewal for cause. ADEQUATE CAUSE includes work done in violation of this subchapter or a licensee’s refusal to correct defective work performed by the licensee, its agents or employees.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.022 SUSPENSION AND REVOCATION.
(A) The Council may suspend or revoke any license for violation of any provision of this subchapter or any applicable state law or regulation. Except as provided by this section, no license shall be suspended or revoked unless the licensee has been given written notice and a public hearing by the Council or a committee formed by the Council. The notice shall be given at least ten days in advance of the hearing and shall state the time and place of the hearing and the nature of the charges against the licensee.
(B) The Building Official or the Council may, without any advance notice or hearing, suspend any license for a period not exceeding 14 days, pending a hearing on revocation or suspension.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.023 CATEGORIES OF LICENSES.
(A) (1) There are two categories of the mechanical contractor’s license, as specified below.
(2) The holder of a mechanical contractor Class A or Class B license may install, alter, repair, clean or extend any heating, ventilation or exhaust system, manufactured fireplaces, fireplace stoves, stoves or other manufactured wood-burning devices, incinerators, chimneys or vents, including manufactured fireplaces, fireplace stoves, stoves or other manufactured wood-burning devices and assessor items such as humidifiers, electronic air cleaners, air filter devices, residential exhaust fans and window air conditioners and other self-contained refrigeration units. The holder may also install, alter, repair or extend any gas piping system from the house side of the meter to appliances and may install manufactured gas and wood fireplaces. The holder of this license is the only person allowed to install, alter, repair or extend any gas piping system including ventilation and exhaust systems, and install furnaces.
(B) The holder of a refrigeration license issued by the state may alter, install, repair, clean or extend any cooling or refrigeration system.
(C) The holder of a steam/hot water license issued by the state may install, alter, repair, clean or extend any hot water low-pressure steam system.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.024 BUILDING PERMIT REQUIRED.
(A) A person must not do, or cause to be done, the work listed in the definitions in § 150.020 of this chapter without first obtaining a permit from the city and paying the fee specified by the City Council.
(B) A permit application must be accompanied by a complete set of plans and specifications for the work to be done. The Building Official may waive this requirement if the Building Official believes that the nature of the work is such that construction documents are not necessary to obtain compliance with this code. If plans are submitted and a permit is issued, the work must be completed in accordance with the approved plans.
(C) A permit must be obtained before the work begins. A person, firm or corporation that begins work specified in division (A) above without obtaining the necessary permit is required to pay double the permit fee and is subject to the penalty provisions of this code. The Building Official may waive this provision if the Building Official believes the work was required by an emergency.
(D) Permits for work in new structures will only be issued to contractors licensed by the city. Permits for work in existing structures will only be issued to contractors licensed by the city or to resident owners who homestead the property where the work is to be done. Resident owners who homestead the property where the work is to be done may perform the work in the definitions in § 150.020 of this chapter.
(E) Every permit issued will become invalid unless the work authorized by the permit is started within 180 days after its issuance, or the work authorized by the permit is suspended or abandoned for a period of 180 days after the work is started. The Building Official is authorized to grant one or more written time extensions for periods not more than 180 days each. An extension must be requested in writing and justifiable cause demonstrated. Renewal of an invalid permit will require payment of the full permit fee.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.025 INSPECTION.
A person, firm or corporation who does or causes to be done any work that requires a permit under § 150.024 of this chapter must immediately notify the city upon completion of the work that it is ready for inspection and testing. A permittee must also notify the city before any portion of the work is connected within a building, and give the city reasonable time and opportunity to inspect the work before construction progresses to a point where the work can no longer be examined and inspected. A permittee must not cover work until the city has had an opportunity to make a final inspection of the premises, has approved the installation, and has issued a certificate of occupancy. It is the duty of the Building Official or his or her designee to enforce the provisions of this subchapter.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.026 ENFORCEMENT.
The Building Official shall administer the provisions of this subchapter. A person, firm or corporation must not engage in any activity for which a license or permit is required under this subchapter without first obtaining the license and/or permit and having it in effect at all times.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.040 ACT ADOPTED.
The State Electrical Act, established pursuant to M.S. Ch. 326B, §§ 326B.31 to 326B.399, including all of the amendments, rules and regulations established, adopted and published from time to time by the state’s Commissioner of Labor and Industry is hereby adopted as the Electrical Code of the city and is hereby incorporated in this subchapter as if fully set out herein. The State Building Code incorporates by reference the National Electrical Code, pursuant to Minn. Rules part 1315.0020. All such codes are hereby adopted and incorporated in this subchapter by reference and constitute the Electrical Code of the city.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.041 INSPECTIONS.
The state provides for the inspection of all electrical installations, pursuant to M.S. § 326B.36, subd. 6, as it may be amended from time to time.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.042 COMPLIANCE.
All electrical installations must comply with the requirements of the Electrical Code of the state, as adopted herein.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.043 PERMITS.
The issuance of permits and the collection of fees shall be as authorized in M.S. § 326B.37, as it may be amended from time to time.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.044 VIOLATIONS.
A person, firm or corporation must not engage in any activity for which a permit is required under this subchapter without first obtaining the permit and having it in effect at all times.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.055 PERMIT REQUIRED.
(A) A person, firm or corporation must not install, alter, repair or extend a plumbing system, or individual sewage disposal system in the city, or cause the work to be done, without first obtaining a permit from the city and paying the fee specified by the City Council.
(B) A permit application must be accompanied by a complete set of plans and specifications for the work to be done. The Building Official may waive this requirement if the Building Official believes that the nature of the work is such that construction documents are not necessary to obtain compliance with this code. If plans are submitted and a permit is issued, the work must be completed in accordance with the approved plans.
(C) A permit must be obtained before work begins. A person, firm or corporation that begins work specified in division (A) above without obtaining the necessary permit is required to pay double the permit fee and is subject to the penalty provisions of this code. The Building Official may waive this provision if the Building Official believes that the work was required by an emergency.
(D) Permits for plumbing work in a new structure or to within 36 inches of the outer foundation of a new or existing structure will only be issued to contractors licensed by the state. Permits for plumbing work in an existing structure will only be issued to contractors licensed by the state or to resident owners who homestead the property where the work is to be done.
(E) (1) Every permit issued will become invalid unless the work authorized by the permit is started within 180 days after its issuance, or the work authorized by the permit is suspended or abandoned for a period of 180 days after the work is started.
(2) The Building Official is authorized to grant one or more written time extensions for periods not more than 180 days each. An extension must be requested in writing and justifiable cause demonstrated.
(3) Renewal of an invalid permit will require payment of the full permit fee.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.056 INSPECTIONS.
(A) A person, firm or corporation who does or causes to be done any work that requires a permit immediately notify the city upon completion of the work that it is ready for inspection and testing.
(B) A permittee must also notify the city before any portion of the work is connected within a building, and give the city reasonable time and opportunity to inspect the work before construction progresses to a point where the work can no longer be examined and inspected.
(C) A permittee must not cover work until the city has had an opportunity to make a final inspection of the premises, has approved the installation and has issued a certificate of occupancy.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.057 ENFORCEMENT.
(A) The Building Official shall administer the provisions of this subchapter.
(B) A person, firm or corporation must not engage in any activity for which a permit is required under this subchapter without first obtaining the permit and having it in effect at all times.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.070 CODE ADOPTED.
(A) The 2015 International Property Maintenance Code, published by International Code Conference, Inc., including the appendix, is adopted by reference as the housing code for the city.
(B) One copy of the code will be kept on file in the City Administrator’s office.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.071 HOUSING ADVISORY AND APPEALS BOARD.
Until it appoints a housing advisory and appeals board, the City Council will have the duties of that board as described in § 111 of the International Property Maintenance Board.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.072 BUILDING MAINTENANCE AND APPEARANCE.
Buildings, fences and other structures must be maintained in a manner to avoid public nuisance, as defined in § 90.20 of this code of ordinances, and those that are public nuisances are subject to abatement.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.073 ENFORCEMENT.
The Building Official has the authority to enforce this subchapter, including the authority to issue citations in lieu of arrest or continued detention. The Building Official has the authority to issue orders for the evacuation of buildings when there is an immediate threat to public health or safety. The occupants may appeal this decision by submitting a written request to the City Administrator for a hearing before the City Council. This hearing will be scheduled as quickly as possible.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.085 BUILDING CODE REQUIREMENT.
Buildings or structures, including manufactured homes, that have been previously used or occupied for any purpose and that are moved into or within the city must comply with the provisions of the city’s Building Code for new buildings or structures.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.086 PERMIT REQUIRED.
A person, firm or corporation must not move or cause to be moved a building or structure, including manufactured homes, that have been previously used or occupied for any purpose, into, within or out of the city without first obtaining a permit to do so.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.087 PERMIT APPLICATION.
An application for a moving permit must include the following:
(A) A certificate from the city’s Building Official that the building or structure meets the requirements of the city’s Building Code;
(B) A list of the names and addresses of the owners of all properties wholly or partially within a radius of 400 feet from the boundaries of the land on which the building or structure will be located, as those names and addresses appear on the certified records of the County Auditor;
(C) The legal description of the premises from which the building is to be moved;
(D) The legal description of the premises to which the building will be moved;
(E) A certificate of survey that provides the following information and be attested to by a registered land surveyor qualified by registration as required by M.S. § 326.02, as it may be amended from time to time:
(1) Scale of drawing;
(2) Legal description;
(3) Dimensions of lot and north point;
(4) Dimensions of front, rear and side yards;
(5) Locations of all existing buildings;
(6) Location of proposed building construction;
(7) Location of stakes established by the surveyor at each corner and along each side lot line every 20 feet from each lot corner. The maintenance of these stakes once established by the surveyor will be the responsibility of the building permit applicant;
(8) The location of all recorded easements including those shown on recorded plats;
(9) The proposed disposal of surface water drainage (indicate direction of surface water drainage by arrows); and
(F) Photos showing:
(1) All sides of the building or structure; and
(2) The proposed building locations.
(G) The haul route including highways, streets and other property over which the building is proposed to be moved as approved by the City Engineer;
(H) The proposed moving date and hours;
(I) Evidence that the building and lot from which it is to be removed are free from mortgages, liens or other encumbrances, and that all taxes and other charges against the lots from which, and to which, the building is to be moved are currently paid;
(J) Evidence, such as a bill of sale, showing that the applicant is entitled to move the building;
(K) The permit fee set by the City Council;
(L) A bond or certified check from the property owner for $2,000 payable to the city to ensure that the structure is properly removed from the former property, located on the proposed property and attached to the foundation in compliance with the permit, Building Code and this chapter;
(M) The name and address of the proposed building mover; and
(N) Any additional information requested by the city.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.088 PUBLIC HEARING.
After receipt of a completed application for moving a building to a location within the city, a date must be set for a public hearing before the Planning Commission. Not less than ten days before the public hearing, the city must publish notice in the official newspaper and send notice by mail to the applicant and to the owners of all properties located wholly or partially within 350 feet from the boundaries of the land on which the building or structure will be located. The notice must provide the time, date and location of the public hearing at which the application will be considered and must invite public comment. The Planning Commission shall report to the City Council its findings on the factors set forth in § 150.090(A) of this chapter, its recommendation on the permit application and a summary of the comments received during the public hearing.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.089 PERMIT ISSUANCE.
(A) The City Council may grant a moving permit only with an affirmative vote of at least two-thirds of the Council members. The City Council may refuse to issue the moving permit if it finds that:
(1) A requirement has not been met;
(2) The building is too large to move or that no routes are available to be used without endangering persons or property or seriously inconveniencing traffic in the city. Limited vegetation trimming or removal may be allowed in the permit;
(3) The proposed route includes use of private property, and no consent from the owner has been obtained;
(4) People or property in the city would be endangered by moving the building;
(5) The proposed building mover’s equipment is unsafe, and persons and property would be endangered by its use;
(6) The proposed building mover does not have a current license issued by the state under M.S. § 221.81, as it may be amended from time to time;
(7) The proposed building mover has been shown to be unreliable and irresponsible in complying with city requirements;
(8) The building is structurally unsafe or unfit for the purpose for which moved;
(9) The building to be moved is not worth at least 50% of the cost of a similar new building;
(10) The building in the proposed location in the city would fail to comply with a provision of this code and proper assurances of future compliance have not been given; or
(11) The building in the proposed location in the city would not conform to the general character of, and the types of architecture in, the neighborhood.
(B) Applications to move a building out of the city will be acted upon by the Community Development Director. The Director may deny an application based on the criteria listed in division (A) above, except divisions (A)(8) through (A)(11) above.
(C) The permit must specify the permitted days, hours, route, movement, parking, speed limit and vegetation removal for the proposed move.
(D) The City Council or the Planning Commission may impose additional conditions or requirements in the permit.
(E) The issuance of a city permit does not relieve the obligation to obtain required permits from other governmental agencies and does not permit the use of private property, except when consent of the landowner has been received.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.090 SUPPLEMENTAL INFORMATION.
(A) At least ten city business days before the actual move is to take place, the applicant must submit to the Community Development Director the following supplemental information:
(1) The proposed moving date and hours, which shall not include Sundays;
(2) A copy of the proposed building mover’s state license and an insurance certificate showing that the mover has current insurance coverage required by state law;
(3) A signed statement from the applicant or a contractor agreeing to fence or secure the foundation at the original building location, to fill the foundation cavity and to keep the area safe and clean;
(4) A signed statement from the applicant or a contractor agreeing to properly abandon any wells and fill any septic tanks if the original building location is in the city; and
(5) A signed statement from all overhead utilities indicating the utility company has been notified and agrees to move utilities to accommodate the moving of the building.
(B) A permit for a building move is void if the additional information required in division (A) above is not provided in a timely manner.
(C) In consultation with the Chief of Police and the Public Works Director, the Community Development Director may deny the proposed moving date and hours if the move at that time would unreasonably interfere with the public’s use of a street or highway or would otherwise adversely affect the public interest. The Director may also deny use of the proposed building mover if it does not have a current license or insurance as required by state law, or it has previously been unreliable or irresponsible in complying with city requirements. The Director must notify the applicant in writing of a denial at least five city business days before the proposed date, giving the reasons for denial. The applicant may file a written appeal of this decision with the City Administrator, to be heard by the City Council at its next available meeting, unless the applicant selects a later date.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.091 MOVING CONDITIONS.
(A) A licensed building mover must comply with the following when moving buildings into, within or out of the city. The building mover must:
(1) Move a building only in compliance with the permit conditions and only over the streets and other property designated for that use in the permit;
(2) Obtain prior permission from the Chief of Police for any changes in the route or times for the move;
(3) Notify the Police Department at least 24 hours in advance of the proposed move;
(4) Notify the Public Works Director of all damage done to property during the move within 24 hours after the damage has occurred;
(5) Be responsible for all damage caused by the move and pay the cost to correct the damage or the value of the property lost because of the damage;
(6) Comply with state and county requirements for over-sized vehicles and loads;
(7) When necessary, erect and maintain barricades across the streets to protect the public from damage or injury because of the move;
(8) Complete the move within 48 hours after either:
(a) The building crosses into the city, if moved from a location outside the city; or
(b) The building is raised from its original foundation, if moved from a location within the city.
(9) All vegetation removal shall be performed by a certified, bonded and insured arborist. A move is complete when the structure has been moved to the precise location shown on the rendering submitted with the application and the equipment used to move the building has been removed;
(10) Pay the expense of employees or other individuals who are required by the city to accompany or monitor the movement of the building for the purpose of ensuring compliance with the moving permit or protecting the public health, safety or welfare; and
(11) Comply with all applicable state laws and local ordinances.
(B) Within 120 days after the date of the permit issuance, the building must be moved, the Building Code requirements met as they apply to the structure at its new location and a certificate of occupancy for the building received.
(C) A person must not cause or permit a structure that has been raised from a foundation and placed on supports to:
(1) Remain at a location or locations in the city, other than the new permanent location, for longer than 48 hours; or
(2) Remain on any property without the property owner’s permission.
(D) The applicant, the landowner and the contractor hired to be responsible for the work must not leave rubbish or other materials at the site from which the building is moved or otherwise allow that site to remain in an unsafe, unsanitary or unsightly condition.
(E) The applicant, the landowner and the contractor hired to be responsible for a building foundation must not allow an open and unattended foundation to remain unsecured for more than a two- hour period immediately after a building has been raised from the foundation. Foundations must be fenced or secured in some other manner to prevent uninvited access, particularly by children, to the open foundation.
(F) The applicant, the landowner and the contractor hired to be responsible for a building foundation must not allow a foundation from which a building has been removed to remain open longer than seven days after the building was removed. Foundations must be removed, and the cavity filled with appropriate earth materials that are graded level with the adjacent areas or be used in the construction of a new building if approved by the Building Official.
(G) No later than the time required by division (F) above for filling the foundation, the applicant, the landowner or a contractor hired to be responsible must property abandon any wells and fill any septic tanks remaining on the original site of the building, if these will no longer be used.
(H) The building must be connected to the foundation at its new location in accordance with the city’s Building Code within ten days after the move has been completed.
(I) Variances from the provisions of this section may be granted by the Community Development Director upon good cause shown.
(J) A failure to comply with a permit provision, Building Code requirement or condition in this subchapter will result in a forfeiture of the bond or cash deposit. The city may use the bond proceeds or cash deposit to complete unfinished work required by the permit, the Building Code or this subchapter, or to pay for any damage caused by the move.
(Ord. 83, Seventh Series, passed 5-20-2019)
§ 150.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(Ord. 83, Seventh Series, passed 5-20-2019)