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HomeMy WebLinkAboutOrdinance 70- 894, Amends Chapter 9.20, moving buildings 186 ORDINANCE NO. 894 AN ORDINANCE AMENDING TITLE 9, CHAPTER 9.20 OF THE BOZEMAN MUNICIPAL CODE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN" MONTANA Section 1. That Title 9, Chapter 9.20 of the Official Code of the City of Bozeman, Ordinance Chapter 9.20 I No. 785, be amended to read as follows: MOVING CODE 9.20.010 SHORT TITLE This chapter shall be known as the ''Moving Code," may be cited as such, and will be referred to herein as "this Code." 9.20.020 PURPOSE AND SCOPE The purpose of this code is to provide minimum standard to safeguard life, health, property and public welfare/by regulating and controlling the moving or relocating of buildings and structures ove, along or across highways, streets and alleys in the City of Bozeman. (a) Exception Building or structures less than two hundred fifty (250) cubic feet in size shall be exempt from the provisions of this code. 9.20.030 ENFORCEMENT (a) Authority The Building Official is hereby authorized and directed to enforce all the provisions of this Code. (b) License Required Any person, firm, or corporation who engages in the business of moving or relocating buildings or structures within, without or into the corporate limits of the City of Bozeman shall first obtain a house movers license in accordance with Chapter 3.04 of the Bozeman Municipal Code. Said license is not transferable or assignable to other persons, firms or corporations. (c) Indemnifying City Against Damages 1. Bond: An Applicant for a house movers license shall file with the City a bond in the sum of Two Thousand Dollars ($2,000.00), conditioned that he will in good faith perform all work required by this code and other applicable codes of the City of Bozeman, and indemnify and save and hold harmless the City from any and all claims, demands, actions and damages which may arise on account of injuries to persons or properties caused by or related to the work author- ized to be done pursuant to this code. Said bond must be filed with the Clerk of the City Commission and must be approved by the City Attorney and the City Commission. I 2. Cash Deposit in Lieu of Bond: Any person filing an application hereunder may, in lieu of the bond required above, file with the Building Official 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 highway, street, or alley, side- walk, 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. NOTE: In no case need the cash deposit herein required be more than $2,000.00. . (d) Violations and Penalties: It shall be unlawful for any person, firm or cor- poration to move, remove or relocate any building or structure in the City of Bozeman, or cause or permit the same to be done contrary to or in violation of any of the provisions of this Code. Any person, firm or corporation violating or disobeying any of the provisions of this Code or who omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding Three Hundred Dollars ($300.00) for each offense. Each day su~ violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. I 9.20.040 DEFINITIONS, GENERAL For the purpose of this Code, certain abbreviations, terms, phrases, words and their derivations shall be construed as specified in this Chapter. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. 9.20.050 BUILDING OFFICIAL defined: The Building Official is the officer or other person charged by the Director of Public Safety with the administration and enforcement of this Code, or his duly authorized deputy. ORDINANCE NO. 894 I I I 9.20.060 MUNICIPALITY or CITY defined: Wherever the words Municipality or City are used in the Code hereby adopted, it shall be held to mean the City of Bozeman. 9.20.070 PERMITS REQUIRED: No building or struoture shall be moved, removed or relocated within, without or into the City of Bozeman without first having obtained a moving permit from the Building Official. 9.20.080 APPLICATION: Any person, firm or corporation seeking issuance of a permit hereunder sh~ll file an application for such permit with the Building Official. (s.) All applications for moving, removing or relocating of any buildings or structures in the City shall be made to the Building Official in writing upon forms furnished by the Building Department and shall set forth the following information. 1. Address of present location. 2. Address of new location. 3. Type of construction (Fr8llle, maeonry, masonry veneer, etc.) 4. Le.gth, width and height of building or structure. 5. Specific route over which the building or structure is to be moved. 6. Type of occupancy (dwelling, garage, office, etc.) for both old and new location. 7. Propoeed moving date lind time of day. 8. Any additional information whioh the Building Official shall find necessary to make a fair determination or whether li permit should be issued. 9.20.090 CONTENTS OF PERMIT: The permit required by this Chapter shlill state the n8llle of the person authorized to move the structure, shall describe the location from which lind the location to which the structure is to be moved, the route to be followed. 9.~0.100 ISSUANCE OF PERMITS: If the applicant for a permit under this Chapter is 4ualified and has the license and bond required eleewhere in this code and in the judgement of the Building Offichtl the building or structure can be moved ~. contempl~ted, the Building Official shall issue a permit for the moving except a8 provided in Section 9.~0.120. 9.20.110 FEE: (a) The base fee tor a moving permit Bh~ll be as follows: Volume !!! ~50 cubic feet to 1,500 cubic teet 1,501 " It It 5,000 fI " 5,001 .. .. "10,000 .. .. 10,001 " fI 15,000 .. .. 15,001 " " 20,000 tt fI Over ~O,OOO Cubio Feet $ 5.00 $ 10.00 $ ~O. 00 $ 30.00 $ 50.00 $ 100.00 NOTE: In the event a. building i. to be moved as two or more UJ'lits, the fee sh~.ll be based upon a combiBation ef the above rat.... (b) The above base fee shall be modified in accordance with the following: 1. If the moving distance is k mile or leS8 the fee shall be 25% of the base as detennined above. 2. If the moving distance is over k mile but not more than , mile the fee shall be 50% ot the base as determined above. 3. If the moving distance is over i mile but not more than 3/4 mile the fee shall be 75% of the base as determined above. 4. If the moving distance is more than 3/4 mile the fee shall be 100% of the base as determbed above. (c) If the building or structure to be relooated presently lies outside the City limits, the applicant shall pay a mlleage fee of ten cents (lO~) per mile for each mile a.ctually and nec- . -essari1y tra,veled by the building official to make such inspection. Such fee ehall be paid in advance and shall be in addition to all other fee required by the Chapter. 9.20.120 RESTRICTIONS ON ISSUANCE OF PERMITS: The following restrictions and conditions shall be observed before the issuance of a permit as required by this Chapter. (a) No permit shall be issued to any person, firm or corporation to move or relocate any building or structure upon another building site unless such use, building or proposed conversion thereof conforms to Chapter 17.08 ClONING), Cha.pter 14.08 (the Building Code) and all other pertinent portions of the Bozeman Municipal Code. (b) No pennit shall be issued to any person, finn or corporation to move, remove or locate any building or structure which is so constructed or in such condition as to be dangerous or \msafe, or which is infested with pests or is unsanitary or which, if it be a dwelling or habitation, is unfit for human habitation, or which is so dilapidated, defective, or in such a condition of deterioration or disrepair that its relocation at the proposed site would create a jAfety or health hazard or would cause substantial damage or material detriment to the property in the immediate vicinity of the proposed site. (c) Every such application shall be accompanied by the written consent of the Chiefs of the Fire and Police Department., who shall. be notified of the route to be taken and when the removal or relocation shall be made. (d) The Building Official shall specify in the permit the route to be taken in the moving of a building, such means to be used to prevent the street pavement from being subjected to ORDINANCE NO. 894 187 188 abnonaal stresses as may be deemed necessary by the City Engineer, and the limit of time which such building or structure shall be upon the .treets or alleys. (e) No circuit or box ot the City tire alarm shall be disturbed in any manner except with the permission ot the Chief of the Fire Department. (f) No building or structure whioh is being moved upon or over any street, alley or property of the City of Boseman shall be occupied as living quarters while such building or structure is in transit. (g) No permit as required by this Chapter shall be issued unless the applicant shows that he has adequate machinery, appliances and equipment to safely oomplete the proposed moving. 9.20.130 DUTIES OF PERMITTEE: Every pennittee under this Chapter shall: (a) Move a building only over streets designated tor such use in the written permit. (b) Notify the Building Otticial in writing ot a desired change in moving date and hours as proposed in the application. (c) Notify the Building Official in writing of any and all damage done to property belonging to the City within twenty-four (24) hours after the damage or injury has occurred. (d) Cause warning lights to be displayed during the hours of darkness on every side of the building, while standing on a street, in such manner ae 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 ot the moving or removal of the building. (e) Remove the building from the City streets after four (4) days ot such occupancy, unless an extension is granted by the Director of Public Safety. (f) Remove all rubbish and materials and fill all excavations to existing grade at the original building site 60 that the premises are left in a sate and sanitary condition. (g) Properly disconnect all utilities, plug the sanitary sewer with a concrete plug and have the Water Department of the City ot Bozeman disconnect the water service. 9.20.140 REVOCATION OF PERMIT: The Building Official is hereby authorized and empowered to revoke any permit granted under the terms of this Chapter if it shall become known to him that the permittee is in any manner tailing to comply with the terms of this Chapter, or when in the opinion of the Building Official, public convenience and safety require suoh revocation. Seotion 2. That all Ordinances and portions of Ordinances in oonflict herewith are hereby repealed. PASSED AND ADOPTED by the City Commission of the ATTEST: f:/~/ 1/ ~~ Clerk of the City ssion State of Montana County of Gallatin City of Bozeman ) . . ) I, Eni~ V. Harding, Clerk of the COJlllllission of the City of Bozeman do hereby certify that the foregoing Ordinance No. 894 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 11th day of May, 1970, and due proof of such publication is on file in my offi~e. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 12th day of May, 1970. ORDINANCE NO. 894 I I I