The purpose of this chapter is to provide adequate safeguards to ensure that buildings moved from one location to another will not have any adverse effect on property values and the neighborhood environment at their new location, and that they will harmonize and fit into the existing and anticipated development of the area. (Ord. 2000-23, 7-18-2000)

No persons shall place, move onto or affix to the land in any manner any building which was formerly located in another site, unless approval of the planning commission has first been obtained. The term "building", as used herein, means any structure designed, built or occupied as a shelter or roughed-in enclosure for persons, animals or property, and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. An accessory structure having a floor area of less than one hundred (100) square feet and being less than eight feet (8') high, and modular homes or buildings of new construction, as defined in this title, shall not be regulated by this chapter. (Ord. 2000-23, 7-18-2000)

A person seeking planning commission approval hereunder shall file an application for such approval with the planning commission as follows:

   A.   Form: The application shall be made in writing upon forms provided by the community development department, and shall be filed in that office.

   B.   Contents: The application shall set forth and contain:

      1.   A description of the building to be moved, giving construction materials, dimensions, number of rooms, condition of exterior and interior, date of construction, and an estimate of its present value;

      2.   The present location of the building, giving city and street address or legal description of its present site;

      3.   A complete legal description of the lot on which said building is proposed to be located and the street address;

      4.   A plot plan of the proposed new site showing all boundary lines, adjacent lots on all sides, all structures and improvements, means of access, and the proposed location of the building to be moved;

      5.   Photographs of the building showing front, rear and side elevations; and such other photos of the building or site as may help to portray the proposal;

      6.   Demonstration to the building official that the building could be brought into compliance to the current building code;

      7.   The highways, streets and alleys over, along or across which the building is proposed to be moved;

      8.   Name of the owner of the building and name of person or firm that is moving the building;

      9.   Proposed moving date and hours;

      10.   Any additional information which the planning commission may find necessary in making a fair determination of whether the application should be approved. (Ord. 2000-23, 7-18-2000)

The application shall be accompanied by a fee for each building to be relocated in the amount established by section 10-4-1 of this title. (Ord. 2000-23, 7-18-2000)

A public hearing before the planning commission shall be set, with right of appeal to the city council, in the same manner and in accordance with the same procedures established by section 10-2-1 of this title. (Ord. 2000-23, 7-18-2000)

Before approving any application hereunder, the planning commission shall determine that all of the following conditions are satisfied:

   A.   The building will conform to all provisions of the applicable zoning regulations at its proposed site;

   B.   The building is of the size and architectural style which shall be in harmony with existing developments of the neighborhood. If the area into which the building is proposed to be removed is undergoing development or redevelopment, the planning commission may consider developments and improvements planned or anticipated by property owners in the area;

   C.   The building will have no detrimental effects on the environment and property values of the area into which it is to be removed;

   D.   The proposed relocation will not adversely affect any proposed streets or other improvements in the area, nor be in conflict with an adopted plan of the city. (Ord. 2000-23, 7-18-2000)

The planning commission may approve a proposed relocation subject to such conditions as it deems warranted by the circumstances. Said conditions may include specified landscaping and exterior finishing, dedication and improvements of streets and alleys adjoining the property, and time for completion of the work and improvements required. Such conditional approval shall not become effective, nor shall any action be taken thereon, unless and until a performance bond is furnished as required by this chapter. (Ord. 2000-23, 7-18-2000)

Upon receipt of an application, it shall be the duty of the building inspector to procure from the appropriate city agency an estimate of expense that will be incurred by the city in removing or replacing any city property, the removal or replacement of which will be required by reason of the moving of the building through the city, together with the cost of the materials necessary to be used in making such removals and replacements. Prior to issuance of the permit, the building inspector shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense; provided, that the city will accept a surety bond in lieu of the cash deposit, at the option of the permittee, the bond to be a minimum sum of five thousand dollars ($5,000.00). (Ord. 2000-23, 7-18-2000)

An application under this chapter shall be accompanied by a cash deposit in the sum of ten thousand dollars ($10,000.00) as an indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire hydrant or other property of the city, which may be caused by or be incidental to the removal of any building, over, along or across any street in the city, and to indemnify the city against any claim of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the city. (Ord. 2000-23, 7-18-2000)

If approval is granted subject to performance of conditions by the applicant, a performance bond as otherwise described in this title shall be posted with the city and shall guarantee the performance of the conditions enumerated by the planning commission and any work ordered done by the building inspection division. (Ord. 2000-23, 7-18-2000)

Any building which is removed from its original foundation and transported within the city, which is not thereafter installed upon a permanent foundation and made suitable for use and which does not meet the minimal requirements of the laws of the city for that particular kind of building within a period of not less than three (3) months after the expiration of the building permit pursuant to which the building is moved within the city, is declared to be a nuisance. Any such unfinished building which constitutes a nuisance, as stated in this section, shall be abated by action commenced either for and on behalf of the city by the building official, or by any private party who is a party in interest, by reason of the unsafe or unsightly or deleterious condition of the building. (Ord. 2000-23, 7-18-2000)

   A.   Any person who shall be found to be maintaining a nuisance as stated in section 10-20-11 of this chapter shall be guilty of a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 2000-23, 7-18-2000; amd. 2003 Code)

   B.   In the event that the city or other interested party elects to seek redress by civil action instead of by filing of a criminal complaint, the owner of any building constituting a "nuisance", as defined above, shall be subject to forfeiture of the bond to pay damages to the person or persons injured by the owner's maintenance of a nuisance and his failure to abate said nuisance. (Ord. 2000-23, 7-18-2000)

The building inspector shall refuse to issue a permit if he finds:

   A.   The building is too large to move without endangering persons or property in the city;

   B.   Any application requirement or any fee or deposit requirement has not been complied with;

   C.   The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city;

   D.   The building is structurally unsafe or unfit for the purpose for which moved, if the removed location is in the city;

   E.   The applicant's equipment is unsafe and persons and property would be endangered by its use;

   F.   Zoning or other ordinances would be violated by the building in its new location;

   G.   For any other reason, persons or property in the city would be endangered by the moving of the building;

   H.   The owner of the building to be moved has failed or refused to file a proper performance bond as required under section 10-20-10 of this chapter. (Ord. 2000-23, 7-18-2000)

The building inspector shall procure from the department of public works a list of designated streets over which the building may be moved. The building inspector shall have the list approved by the chief of police and shall reproduce the list upon the permit in writing. In making their determination, the department of public works and the chief of police shall act to assure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets. (Ord. 2000-23, 7-18-2000)

Every permittee under this chapter shall:

   A.   Use Designated Streets: Move a building only over streets designated for such use in the written permit.

   B.   Notify Of Revised Moving Time: Notify the building inspector of a desired change in moving date and hours as proposed in the application.

   C.   Notify Of Damage: Notify the building official in writing of any and all damage done to property belonging to the city or persons in the city within twenty four (24) hours after the damage or injury has occurred.

   D.   Display Lights: Cause red lights to be displayed during the nighttime on every side of the building while moving along or standing on a street in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building.

   E.   Street Occupancy Period: Remove the building from the city streets after four (4) days of such occupancy, unless an extension is granted by the city council.

   F.   Comply With Governing Law: Comply with the building code, the fire code, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the city.

   G.   Pay Expense Of Officer: Pay the expense of any traffic officer ordered by the building official to accompany the movement of the building to protect the public from injury.

   H.   Clear Old Premises: 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, except that the filling of any excavation on the premises to grade will not be required if a building permit is issued for new construction on the premises within a reasonable length of time as determined by the city building official. (Ord. 2000-23, 7-18-2000)

The building official, the police department and the department of public works shall enforce and carry out the requirements of this chapter. (Ord. 2000-23, 7-18-2000)

The permittee shall be liable for any expenses, damages or costs in excess of deposited amounts or securities, and the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. (Ord. 2000-23, 7-18-2000)

Where the permittee does not comply with the requirements of this chapter, the city shall proceed to do the necessary work to leave the original premises in a safe and sanitary condition. The cost of such work shall be charged against the general cash deposit required by section 10-20-10 of this chapter. (Ord. 2000-23, 7-18-2000)

The cash deposit or check shall not be released or the bond shall not be exonerated as the case may be, nor shall the removed building be occupied until the community development director certifies that all work and improvements specified by the planning commission and this title have been satisfactorily completed. The planning commission shall cause an inspection of the building at its new location to be made on request of the owner or applicant, or at the expiration of the time designated by the planning commission for completion of the work. Said inspection shall include a determination of compliance with provisions of the applicable codes and conditions or requirements imposed by the planning commission upon approval of the building relocation. No certificates of occupancy or certificates of zoning compliance shall be issued until the inspection has been made and all code requirements and conditions complied with. (Ord. 2000-23, 7-18-2000)

Approval or conditional approval by the planning commission hereunder is not a building permit, and shall not relieve the applicant of requirements for obtaining necessary building permits and moving permits. (Ord. 2000-23, 7-18-2000)