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HomeMy WebLinkAboutOrdinance 55- 785, Regulates Moving of Buildings Over, Along or Across Highways, Streets 381 . ~ .. J.:~' '- ~ '., ORDINANCE NO. 785 "~'-.. .. ' . .'.,' ~~, ....'~, ;~"" ".. .". 2 , ~,I ~..~ '" <. ;: AN ORDINANCE REGULA'rING 'rHE M:JVING OF BUILDINGS oV1m, ALONG OR ACROSS HIGH- WlYS, STRSETS AND ALLEYS IN THE CITY' PRJVIDING FOR PROTECTI:)N TJ THE CITY FROM DAMAGES ARISING OUT OF SUCH OPERATIm; AUTHORIZING THE CITY BUILDTNG INSPECTOR TO ISSUE PERMITS; PROVIDING FOR ENI<'ORCEMENT; AND PRESCR TBING PEN- ALTIEs FOR THE VIOLATI)N i)F ITS PRJVISIONS. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: -I Section I. DEFINITIONS. For the purposes of this Ordinance the following terms, phrases, words and their derivation shall have the meaning given herein. When not inconsistent with the conte~t, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. ,- The word "shall" is al.,ys mandaroty and not merely directory. 1) "Building" is a structure designed, built or occupied as a shelter or roofed enclo- sure for persons, animals or property and used for residential, business, mercantile, stor- age, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure of the following dimensions shall not fall within this definition: a building containing two hundred fifty (250) cubic feet or less. 2) "Building Inspector" is the Building Inspector of the City of Bozeman. 3) "City is the City of Bozeman. 4) "Person" is any person, firm, partnership, association, corryoration, company or organization of any kind. Section II. PERMIT REQUIRED. No person shall move any building over, along or across any highway, street or alley in the City without first obatining a permit from the Build- I ing Inspector. Section III. APPLICATION. A person seeking issuance of a per~it hereunder shall file an application for such permit with the Building Inspector. 1) Form. ~rhe application shall be made in writing, upon forms provided by the Bui14- ing Inspector, end shall be filed in the office of the Building Inspector. 2) Contents. The application shall set forth: a) A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of ex- terior and interior; b) A legal de:3cription of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the City; c) A legal description of the lot to which it is proposed such building be moved, giving lot, glock and tract number, if located in the City; d) A gronnd pIa t showing the portion of the lot to be occupied by the building when moved and the portions of the lot on which other buildings are placed; e) The highways, streets and alleys over, along or across which the building is proposed to be moved; f) Proposed moving date and hours; g) Any additional information which the Building Inspector shall find neces- I sary to a fair determination of whether a permit should issue. 3) FEE. The fee for a moving permit shall be due and payable according to the follow- ing Schedule: Volume Fee 250 cubic feet to 1,500 cubic feet ~; 5.00 1,501 cubic feet to 5,000 cubic feet 10.00 5,001 cubic feet to 10,OOO cubic feet 20.00 10,001 cubic feet to 15,ooo cubic feet 30.00 15,001 cubic feet to 20,000 cubic feet 50.00 Over 20,000 cubic feet 100.00 382 ~ SECTION IV. DEPOSIT FOR EXPENSE TO CITY. Upon receipt of an application it shall be the duty of the Building Inspector to make an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines be- longing to the City or any other property of the City, the removal and replacement of which will be required by reason of the moving of the building through the City, together with the cost of matertals necessary to be used in making such removals and replacements. I 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. SECTION V. GENERAl; DEPOSIT. An application hereunder shall be accompanied by a cash deposit in the sum of twenty (20) times the permit fee as an indemnity for any damage which the City may sustain by reason of damage or injury to any l1ighway, 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. 1) Bond in Lieu of Deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Inspector a bond, ap- proved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the State of Montana in the amount of twenty (20) times the permit fee, conditioned upon the aSS1~ance that this and other applicable ordinances and laws willbe complied with. Such bond shall run to the City for the use and benefit of any person or I persons intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance, or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted. 2) INSURANCE POLICY IN LIEU OF DEPOSIT. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Inspector a liability insurance policy, issued by an insurance company authorized to do business in the State of Montana, and approved as to form by the City Attorney, in the same amount and providing the same protection as would be required for a bond hereunder. SECTION VI. DUTIES OF BUILDING INSPECTOR. 1) INSPEC'r ION. The Building Inspector shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met. 2) STANDARDS FOR ISSUANCE. The Building Inspector shall refuse to issue a permit if he finds: a) That any application requirement or any fee or deposit requirement has not been complied with; I b) That the building is too large to m~e without endangering persons or property in the city; c) That the building is in such a state of deterioration or disrepair at is other- wise so structurally unsafe thf.1 tit could not be moved without endangering per- sons and property inthe City; d) That the builrUng is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City; e) That the applicant's equipment is unsafe and that persons and property would be endangered by its use; f) That zoning or otherordinHnces would be violated by the fuildlng in its new location; g) That for any pther reason persons or property in the City would be endangered by the moving of the building. Ordinance No. 785 ,- 38B 3) FEES AND DEPOSITS. a) DEPOSIT. The Building Inspector shall deposit all fees and deposits, and all bonds or insurance policies with the City Treasurer; b) RETURN UPON NON-ISSUANCE. Upon his refusla to issue a permit the Building Inspector shall retlwn to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned; c) RETURN UPON ALLOWANCE FOR EXPENSE. Aft~r the building has been removed the Building Inspector shall furnish the City Managerwith a written statement of all expenses incurred in removing and replaCing all property belonging to the City, and of all material used in the making of the removal and replacement I together with a statement of all damage caused to or inflicted upon property belonging to the City. Provided however, that if any wires, poles, lamps, or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The City Manager shall authorize the Building Inspector to return to the appli- cant all deposits after the City Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the City by reason of the removal of the building. Permit fees deposited with the application shall not be returned. 4) DESIGNATE STREETS FOR RIDAOVAL. The Building Inspector shall designate streets over which the building may be moved, shall have such designation approved by the Chief of Police and shall reproduce the same upon permit in writing. In making their determ- inations the BUilding Inspector 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. SECTION VII. DUTIES OF PERMITTEE. Every permittee under this Ordinance shall: 1) USE DESIGNATED STREETS. Move a building only over streets designated for such use in the written permit. 2) NOTIFY OF REVISED MOVING TIME. Nofity the Building Inspector in wtiting of a desired change in moving date and hours as proposed in the application. I 3) NOTIFY OF DAMAGE. Notify the Building Inspector in writing of any and all damage done to property beloinging to the City within twenty-four (2h) hours after the damage or injury has occurred. 4) DISPLAY LIGHTS. Cause red lights to be displayed during the night time on every side of the building, while 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. 5) STREET OCCUPANCY PERIOD. Remove the building from the City streets after four days of such occupancy, unless an extension is granted by the City Manager. 6) COMPLY WITH GOV~RNING LAW. Comply with the Building Code, the Fire Zone urdinance, the Zoning Ordinance and all other applicable ordinances and laws upon relocating the build- ing in the City. 7) PAY EXPENSE OF'OFFICER. Pay the expense of a traffic officer ordered by the Building Inspector to accompany the movment of the building to protect the public from injury. I 8) CLEAR OLD PREMISES. Remove all rubbish and materials and fill all excavations to existing grade at the original building siet so that the premises are left In a safe and sanitary condition. 9) REMOVE SERVICE CONNECTION. See that the sewer line is plugged with a concrete stopper, the water shut off, and the meter retlwned to the City Water office. Permittee shall notify the gas and electric service companies to remove their services. SECTION VIII. ENFORCEMENT. 1) ENFORCING OFFICERS. The building Inspector, and the Police Department shall Ordinance No. 785 384 enforce and carryo~tth~ -l'~qt:tir,em~t of this Ordinance. "'f ...., ....'~ . 2) PERMITTEE LIABLE FOR EXPENSE ABOVE DEPOSIT. The Permittee shall be liable for any expense. 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. 3) ORIGINAL PREMISES LEFT UNSAFE. The City shall proceed to do the work necessary I to leaving the mriginal premises in a safe and sanitary condition, where permittee does not comply with the requirements of this Ordinance, and the cost thereof shall be charged against the General Deposit. SECTION IX. VIOLATION AND PENALTIES. Any person, firm or corporation violating or disobeying any of the provisions of this Ordinance or who omits, neglects or refuses to comnly with, or who resists the enforcement of any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than Ten Dollars ($10. 0l0) nor more than Three Hundred Dollars ($300.00) for each offense. Each day such violation is committed or permitted to continue, shall constitute a separate of- fense and sahlI be punishable as such hereunder. SECTION X. VALIDITY OF ORDINANCE. If any section, subsectim, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and '"" independent provision and such holding shall not affect the validity of the remaining por- tion hereof. SECTION XI. ORDINANCES REPEALED. All ordinances and parts of ordinances in conflict I with the provisions of this Ordinance are hereby repealed. Finally passed and adopted by the Commission of The City of Bozeman this 16th day of November, 1955. Attest: ~A:-c--~ M C ark 0 the Commission Published in the Boz_eman Daily Chronicle, November 2~th, 1955. State of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of The City of Bozeman, do hereby certify that the foregoing was published by title and number in the Bozeman Daily Chronicle, a news- paper of general circulation printed and published in said City in the issue of November, 25th, 1955, and that due proof of such publication iB on file( in my office as such clerk. IN WITNESS WqEREOF I hereunto set my hand and affix the oorporate seal of my office this 26th day of November, 1955. ~~~e7 ~.~ I Clerk of the Commission Ordinance No. 785