For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   HABITABLE. Acceptable for human occupancy by substantial compliance with Louisville Metro Public Health and Wellness Department and Kentucky Building and Residential Codes and regulations and all other applicable regulations and ordinances.

   OWNER. Any person, agent, firm, partnership or corporation having a legal or equitable interest in the property.

   PERMANENT SITE. That site at which a structure will rest on a permanent foundation and be connected to necessary utilities and services.

   PERSON. Any and all persons, including any individual, firm or unincorporated association, any municipal or quasi-municipal corporation or private corporation, any county and any other governmental agency and political subdivision of the commonwealth or any subdivision or instrumentality of the United States of America.

   PREVIOUS SITE. That site at which a structure that is being moved rested on a permanent foundation and was connected to necessary utilities and services.

   REHABILITATED SITE. A site that has been restored to its original condition or as close thereto as possible by:

      (1)   Removing of all foundation walls, basement, cellar floors and footers.

      (2)   Removing all rubbish, debris and/or other material subject to termite infestation, decay or corrosion.

      (3)   Filling with materials permitted by local laws and regulations to the original finish grade providing a smooth surface and smooth transition to existing adjacent grade without altering natural surface water drainage.

      (4)   Compacting fill material and, if necessary, refilling area after 180 days of settlement.

      (5)   Stabilizing areas subject to erosion by seeding or in the event slope is greater than 1:5 by sodding.

   STRUCTURE. All buildings of any kind or nature whatsoever or part thereof used or occupied or intended for use or occupancy, for human habitation or commercial or industrial or storage purposes including any outbuildings and appurtenances belonging thereto or usually enjoyed therewith.

   TEMPORARY SITE. That site used for storage or temporary placement of a structure prior to relocation to its permanent site.

(1994 Jeff. Code, § 152.01) (Jeff. Ord. 23-1986, adopted and effective 10-28-1986; Lou. Metro Am. Ord. No. 145-2007, approved 7-30-2007)

   (A)   No person shall move a structure from one location to another in violation of these provisions.

   (B)   Any person who violates any provision of this chapter shall be subject to the penalties provided in § 152.99.

(1994 Jeff. Code, § 152.02) (Jeff. Ord. 23-1986, adopted and effective 10-28-1986; Lou. Metro Am. Ord. No. 145-2007, approved 7-30-2007) Penalty, see § 152.99

   Prior to the moving of any structure, a permit shall be obtained according to the following terms and conditions:

   (A)   Permanent site moving permit. When a structure is to be transported to its permanent site the owner of the structure must obtain a permanent site moving permit. In order to receive this permit the owner shall:

      (1)   Obtain a building permit in accordance with Chapter 150 of the Metro Code of Ordinances.

      (2)   Provide evidence by the submittal of a document indicating how and when the previous site has been or will be rehabilitated and that all utilities have been properly disconnected. Each utility company must sign the permit application indicating that their service has been properly disconnected prior to its submittal to the Department of Codes and Regulations.

      (3)   Acquire the appropriate approvals and permits from the Department of Public Works and Assets if the transport route to move the structure follows any roads that require a permit. If route taken does not require an encroachment permit then evidence of the issuance of a building permit as required in subsection (A)(1) must be shown in order to obtain a police escort.

      (4)   Provide proof of insurance as referenced in § 152.05(A).

      (5)   Remit a fee of $200 to the Department of Codes and Regulations.

   (B)   Temporary site moving permit. When a structure is to be transferred to a temporary site the owner of the structure must obtain a temporary site moving permit. To receive this permit the owner shall:

      (1)   Provide evidence by the submittal of a document indicating how and when the previous site has been or will be rehabilitated and that all utilities have been properly disconnected. Each utility company must sign the permit application indicating that the utility service has been properly disconnected prior to its submittal to the Department of Codes and Regulations.

      (2)   Obtain permit(s) as referenced in subsection (A)(3) of this section.

      (3)   Provide proof of insurance as referenced in § 152.05(A).

      (4)   Remit a fee of $200.

   (C)   Out of Metro Louisville moving permit. When a structure is moved to a site outside of Metro Louisville the moving contractor must obtain an out of Metro Louisville moving permit prior to moving affected structure. In order to receive this permit the owner shall:

      (1)   Submit a letter of acceptance from the intended moved location authority having jurisdiction (city/county).

      (2)   Provide evidence by the submittal of a document indicating how and when the previous site has been or will be rehabilitated and that all utilities have been properly disconnected. Each utility company must sign the permit application indicating that the utility service has been properly disconnected prior to its submittal to the Department of Codes and Regulations.

      (3)   Obtain permit(s) as referenced in subsection (A)(3) of this section.

      (4)   Provide proof of insurance as referenced in § 152.05(A).

      (5)   Remit a fee of $200.

   (D)   Work commencing before permit issued. Any person who commences to move a structure before obtaining the necessary permits as listed in this section shall be subject to $500 permit fee.

   (E)   The Department of Codes and Regulations shall provide notice to any Police Department with jurisdiction, the appropriate Fire Department or District, and Metro Emergency Management Services by providing the appropriate information regarding the move to the assigned representatives of the agencies listed in this subsection.

(1994 Jeff. Code, § 152.03) (Jeff. Ord. 23-1986, adopted and effective 10-28-1986; Lou. Metro Am. Ord. No. 145-2007, approved 7-30-2007) Penalty, see § 152.99

   (A)   Temporary storage. A structure may be stored only on a lot zoned C-1, C-2, C-3, C-4, M-1, M-2 or M-3 but cannot violate setback or yard requirements specified for the applicable zoning district for a temporary period. The temporary storage shall be for a maximum period of 90 days from the date of issuance of the temporary site moving permit. Written permission for the storage of the structure from the owner of record of said lot must be presented prior to the issuance of a temporary site moving permit. The site for temporary storage within Metro Louisville must meet any requirements of the Land Development Code.

   (B)   Permanent site. A structure located on its permanent site must be made habitable within six months from the date of issuance of the permanent moving permit.

(1994 Jeff. Code, § 152.04) (Jeff. Ord. 23-1986, adopted and effective 10-28-1986; Lou. Metro Am. Ord. No. 145-2007, approved 7-30-2007) Penalty, see § 152.99

   (A)   The person responsible for moving a structure shall submit with the moving permit application a certificate of liability insurance for an amount not less than $500,000 insuring against any and all damage caused by said moving.

   (B)   The person responsible for moving a structure must post the moving permit in a conspicuous location on the structure to be moved before actual transport begins and keep it there throughout transport and/or storage.

(1994 Jeff. Code, § 152.05) (Jeff. Ord. 23-1986, adopted and effective 10-28-1986; Lou. Metro Am. Ord. No. 145-2007, approved 7-30-2007) Penalty, see § 152.99

   The provisions of this chapter will be enforced by the Department of Codes and Regulations. Traffic related matters will be enforced by the Louisville Metro Police Department or local police jurisdictions. The licensee shall be responsible for any costs associated with traffic control necessitated by the moving of the structure.

(1994 Jeff. Code, § 152.06) (Jeff. Ord. 23-1986, adopted and effective 10-28-1986; Lou. Metro Am. Ord. No. 145-2007, approved 7-30-2007) Penalty, see § 152.99

   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 145-2007, approved 7-30-2007)

   Any person convicted in district court of violating the provisions of this chapter shall be subject to a fine of not less than $100, nor more than $500 or imprisonment for a period not to exceed 50 days, or both such fine and imprisonment for the first day's offense. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. No additional notice other than the notice for the original offense shall be required to convict a person for violations resulting from continuations of each offense.

(1994 Jeff. Code, § 152.99) (Jeff. Ord. 23-1986, adopted and effective 10-28-1986; Lou. Metro Am. Ord. No. 145-2007, approved 7-30-2007)