CHAPTER IV. BUILDING AND CONSTRUCTIONCHAPTER IV. BUILDING AND CONSTRUCTION\ARTICLE 6. MOVING BUILDINGS

No person, firm or corporation shall move, haul, or transport any house, building, or other structure with a floor area of 200 or more square feet or any structure or derrick of the height when loaded for movement of 12.6 feet or more from the surface of the highway, upon, across or over any streets, alleys or highways upon which any telephone, cable television, electric light, or power lines, 'or any other kind of line, are strung, or which are improved by curbs, gutters, culverts, drains, sidewalks, or pavement, in this city without first obtaining a permit therefor as provided in this article.

(Code 1962, 5-901; Code 2006)

All applications for permits required under the provisions of this article shall be made in writing to the city clerk and signed by a contractor who is licensed and bonded in accordance with the laws of the city as a building-moving contractor in the case of moving houses or other structures, or signed by the owner or his or her authorized agent in the case of derricks, specifying the size and location of the building, derrick or other structure, the day and hour said moving is to commence, and the route through the city's streets over which the house, building, derrick or other structure shall be moved and stating whether it will be necessary to cut and move, raise, or in any way interfere with any wires, cables or other aerial equipment of any public or municipally-owned utility, and if so, the application shall also state the name of the public or municipally-owned utility, and the time and location that the applicant's moving operations shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities. The application shall be made no fewer than 48 hours before the moving is to commence.

(Code 1962, 5-902; Code 1985)

It shall be the duty of any person at the time of making application for a permit as provided in this article to give a good and sufficient surety bond to the city, to be approved by the city manager, indemnifying the city against any loss or damage resulting from the failure of any such person to comply with the provisions of this article or for any damage or injury caused in moving any such house or structure provided the bond herein shall be in the sum of $5,000, or cash may be deposited in lieu of such surety bond.

(Code 1985)

(a)   Before any license shall be issued to any contractor required by this article to obtain a license and pay a fee to the city, the contractor shall procure and maintain a liability insurance policy issued by some insurance company authorized to do business in the State of Kansas. A builder or building contractor may qualify as to the insurance requirements by filing a certificate with the city clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article.

(b)   The licensee shall assume all risks incident to or in connection with its business and shall indemnify, defend and save the city harmless from damages or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the licensee's business and arising from acts or omissions of its employees and shall indemnify, defend and save harmless the city from any and all claims, suits, losses, damages, or injuries to any person or property of whatever kind or nature arising directly or indirectly out of the business or resulting from the carelessness, negligence or improper conduct of the licensee or any of its agents or employees.

(c)   The licensee shall carry workmen's compensation and employer’s liability in accordance with state laws and shall carry comprehensive general liability insurance, including broad form property damage liability and completed operations, in the following amounts:

(1)   Bodily Injury: $500,000 for the injury or death in anyone accident.

(2)   Property Damage: $250,000 per accident.

(d)   The insurance policies shall name the city as co-insured and shall be issued by a company approved by the city. The city shall be furnished with a certificate of such insurance, which shall provide that the city is co-insured under the policy or policies and that such insurance shall not be changed or cancelled without 10 days prior written notice to the city. Certificates of insurance shall be delivered to the city prior to the commencement of the agreement.

(Code 2006)

(a)   Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay to the city clerk the required building-moving permit fees.

(b)   The building-moving permit fees, shall be in such sum as the city manager shall determine to be necessary to reimburse the city for the time of its officers in inspecting and determining the feasibility of a moving route, the approval of the application and issuance of the necessary permit, escorting the building, derrick, or structure and safeguarding the route and the reasonable cost of furnishing or using city vehicles or equipment for the purpose, and in no event shall be less than the following fees:

(1)   Permit for any derrick or for any building or structure 400 square feet of area or less, the sum of $20.00.

(2)   Buildings or structures greater than 400 square feet, the sum of $50.00.

(c)   In the event any application is not approved or a permit is not issued thereon, the city shall be reimbursed for the reasonable expenses incurred by it in determining the feasibility of the proposed or alternate moving route. All such fees shall be paid into the city treasury as provided by law.

(Code 1962, 5-905; Ord. 1008, Sec. 13; Code 1985)

(a)   No building-moving permit shall be approved or issued until it has been referred to the building inspector for their recommendations, approval, and endorsement. The officials shall inspect the building, derrick, or other structure to be moved, and shall inspect the proposed route of travel, to determine the feasibility of such a moving. If the proposed route is not feasible, and an alternate route is feasible, the permit may be approved and endorsed for such alternate route.

(b)   If it appears that the moving of the building, derrick, or other structure will require the cutting, trimming, or removal of any tree along the endorsed route of travel, no building-moving permit shall be issued without satisfying the applicable provisions of Chapter 13 of this code.

(Code 1962, 5-903; Code 1985)

No permit shall be issued for moving any building, derrick, or other structure which, when loaded, will extend more than 30 feet above the surface of any street or wider than the paved portion of the street from curb to curb, except upon the special approval of the city council.

(Code 1962, 5-903; Code 1985)

(a)   The city clerk shall upon filing of a building-moving application cause written notice to be given not less than 24 hours' before to the person owning or operating obstructing wires or poles or to his or her agents, of the time and place the removal of such poles or the cutting, raising or otherwise interfering with such wires shall be necessary.

(b)   The provisions of this article shall not, in any way, modify, abrogate, or interfere with the terms of any franchise or contract which the city may be a party to.

(Code 1962, 5-906; Code 1985)

It shall be the duty of the person or the city owning or operating poles or wires after service of notice as provided herein, to furnish competent lineman or workmen to remove such poles, or raise or cut such wires as will be necessary to facilitate the moving of such house or structure. The necessary expense which is incurred thereby shall be paid by the holder of the moving permit.

(Code 1962, 5-907; Code 1985)

No person engaged in moving any house or other structure shall raise, cut or in any way interfere with any such poles or wires unless the persons or authorities owning or having control of the same shall refuse to do so after having been notified as provided in section 4-608, and then only competent and experienced workmen shall be employed in such work, and in such case the necessary and reasonable expense shall be paid by the owners of the poles and wires handled. The work shall be done in a careful and workmanlike manner, and the poles and wires shall be promptly replaced and the damages thereto properly repaired.

(Code 1962, 5-907:908; Code 1985)

It shall be the duty of every person, firm, or corporation acting under any permit issued to move or haul any building, derrick, or other structure to take all prudent measures as may be reasonably necessary to safeguard the property of the city along the route from injury of destruction. It shall be the further duty of such permittee to furnish sufficient, competent workmen and equipment to expedite the moving. The permittee shall in the nighttime, display red lanterns or lights on the extreme widths of any building, derrick or structure so moved from one-half hour after sunset until one-half hour before sunrise, and cause suitable barricades to be erected and placed to guard such work, and if necessary, to close any street during the course of moving. The permit holder shall be liable, on his or her bond and/or insurance, for any loss, injury, damage, or cost to the city by reason of any neglect or failure on his or her part or by any servant or agent.

(Code 1962, 5-909; Code 1985)

The city manager shall assign such city officers or employees as may be necessary to escort any building or derrick moving into or through the city or from one place to another and to supervise such moving work during the course of, as the interest of the city may appear. Upon the completion, the building inspector shall endorse the same upon the city's copy of the moving permit, together with a notation of damage, injury, or loss caused the city by reason of such moving. The city shall have a valid claim upon the principal sum of any bond or insurance filed with the city conditioned for such purpose, and the city manager shall file a claim with the surety for such sums as will reimburse any such loss, injury, or damage.

(Code 1962, 5-910; Code 1985)

(a)   Any person, firm, corporation or organization of any kind who violates any provision of this article shall be subject to the general penalties specified in section 1-117 of this code.

(b)   Each and every 24-hour period after an official notice of a violation of this article has been given to person, firm, corporation or organization of any kind who or which is in violation of this article, and after a reasonable time as specified on the official notice has expired for correction of such violation, shall constitute a separate violation of this code.

(Code 1985)