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HomeMy WebLinkAbout1810 OrdinanceORDINANCE NO. 1810 AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OR STRUCTURES OVER STREETS, ALLEYS OR OTHER PUBLIC PROPERTY WITHIN THE CITY OF PASCO, ESTABLISHING LIABILITY INSURANCE REQUIREMENTS FOR MOVING BUILDINGS, AND FIXING PENALTIES, AND REPEALING SECTION 15 OF. ORDINANCE 101: ORDINANCE'303, AND ORDINANCE 1375. THE CITY COUNCIL OF THE CITY OF'PASCO DOES ORDAIN AS FOLLOWS: Section 1. PERMIT REQUIRED. No building, or part of a building, shall be moved over, along or across any street or•alley.of the City unless the person moving such building, or part of a building, shall have previously secured a permit therefor from the building inspector, and unless such person shall have a valid' housemover's license and shall 'have 'on:. file an,indemnity bond as hereinafter provided. Provisions of this Ordinance shall not apply to mobile homes, nor shall they apply tomodular homes when moved from factory to a permanent location.' r 4 Section 2. PERMIT --APPLICATION: A person seeking issuance of a permit•hereunder'shall file:an applica- tion for such permit with the building inspector. (A) FORM. The application shall be made,in•writing,; upon forms pro- vided by the building inspector,`++:anid shall be filed`in they office of the building inspector. (B) CONTENTS. The application shall set:forth (1) A description of the building propo.s6d.to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior.and int'eridr; (2) A legal description of the lot from which the building is to be moved, giving the lot, block,and tract number, if located in the City; (3) A legal description of the lot to which it is proposed such building bemoved, giving lot, block and tract number, if located in the City,-' (4) The portion of the lot to be occupied by the building when moved; (5) The highways, streets, alleys or lots over, along or across which the building is proposed to be moved; .(6) Proposed moving date and hours; (7) Any additional information which the building inspector shall find necessary to facilitate a fair determination,of,whether a permit should be issued. (C) ACCOMPANYING PAPERS. (1) Assessment Certificate.. The owner of the.building to be moved shall file with.the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all City assessments and any other City charges against the same are paid in full. '(2)' Certificate of Ownership or Entitlement. The applicant, or other than the owner, shall file with the application a written statement or bill of sale signed by.the owner, or other sufficient evidence, that he is entitled to move the building. L .i ORDINANCE NO. 1810 AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OR STRUCTURES OVER STREETS, ALLEYS OR OTHER PUBLIC PROPERTY WITHIN THE CITY OF PASCO, ESTABLISHING LIABILITY INSURANCE REQUIREMENTS FOR MOVING BUILDINGS, AND FIXING PENALTIES, AND REPEALING SECTION 15 OF. ORDINANCE 101: ORDINANCE'303, AND ORDINANCE 1375. THE CITY COUNCIL OF THE CITY OF'PASCO DOES ORDAIN AS FOLLOWS: Section 1. PERMIT REQUIRED. No building, or part of a building, shall be moved over, along or across any street or•alley.of the City unless the person moving such building, or part of a building, shall have previously secured a permit therefor from the building inspector, and unless such person shall have a valid' housemover's license and shall 'have 'on:. file an,indemnity bond as hereinafter provided. Provisions of this Ordinance shall not apply to mobile homes, nor shall they apply tomodular homes when moved from factory to a permanent location.' r 4 Section 2. PERMIT --APPLICATION: A person seeking issuance of a permit•hereunder'shall file:an applica- tion for such permit with the building inspector. (A) FORM. The application shall be made,in•writing,; upon forms pro- vided by the building inspector,`++:anid shall be filed`in they office of the building inspector. (B) CONTENTS. The application shall set:forth (1) A description of the building propo.s6d.to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior.and int'eridr; (2) A legal description of the lot from which the building is to be moved, giving the lot, block,and tract number, if located in the City; (3) A legal description of the lot to which it is proposed such building bemoved, giving lot, block and tract number, if located in the City,-' (4) The portion of the lot to be occupied by the building when moved; (5) The highways, streets, alleys or lots over, along or across which the building is proposed to be moved; .(6) Proposed moving date and hours; (7) Any additional information which the building inspector shall find necessary to facilitate a fair determination,of,whether a permit should be issued. (C) ACCOMPANYING PAPERS. (1) Assessment Certificate.. The owner of the.building to be moved shall file with.the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all City assessments and any other City charges against the same are paid in full. '(2)' Certificate of Ownership or Entitlement. The applicant, or other than the owner, shall file with the application a written statement or bill of sale signed by.the owner, or other sufficient evidence, that he is entitled to move the building. 2 - Section 3. FEE SCHEDULE. The following schedule of fees will be charged for the relocation of buildings as defined by this chapter: (A) Relocate a building on the same lot or parcel (without use of public right -of -way) ..................................................... $25.00 (B) Move a building from one lot within the City to another lot within the City (use of public right-of-way)..................................$100.00 (C) Move a building into the City limits from outside the City limits. .'. $100.00 (D) Move a building from within the City limits to a point outside the Citylimits ...................................................... $25.00 Section 4. STANDARDS FOR. ISSUANCE. The building inspector shall refuse to issue a permit, if it is found: (A) That any application requirement of any fee or deposit requirement has not been complied with; (B) That the building is too large to move without endangering persons or property in the City; (C) That 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) That the building 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 other ordinances would be violated by the building in its new loca tion; (G) That for any other reason persons or property in the City would be endangered by the moving of buildings. Section 5. HOUSEMOVER'S LICENSE. No person or persons shall undertake to move any building on the streets of the City, without first taking out a housemover's license, issued by the City Clerk on application therefor, the fee for which shall be fifty dollars per year, said license shall not be transferable and shall entitle the holder to engage in the general housemoving business in the City, on filing an indemnity bond as hereinafter provided, and upon compliance with the other provisions of this chapter. Section 6. LIABILITY INSURANCE. The applicant shall file with the City Clerk of the City of Pasco a certificate of insurance or a copy of the insurance policy showing that the applicant has in full force and effect limits of not less than: (A) Bodily injury to one person, twenty-five thousand dollars. (B) Bodily injury to more than one person, one hundred thousand dollars. (C) Property damage suffered by one person, firm or corporation (including the City of Pasco) , twenty-five thousand dollars. -3- (D) Property damage suffered by more than one person, firm or corporation (including the City of Pasco), seventy-five thousand dollars. There shall also accompany the certificate or copy of the insurance policy a covenant on the part of the insurer that the insurance coverage will not be cancelled or lapsed for a period of thirty days following written notice given by the insurer to the City Clerk. Section 7. INDEMNITY BOND TO BE FILED, It is unlawful for any person, firm or corporation to undertake to move any building, or part thereof, on the streets or alleys of the City unless and until he or it has first filed an indemnity bond with the City Cletk, to be approved by the City Attorney as to form, in the sum of one thousand dollars, indemnifying the City against any and all damage to the streets, sidewalks, gutters and other property of the City, and against any and all damages and claims for damages arising, directly or indirectly, as the result of the alleged carelessness or negligence of any person, firm or corporation moving such building, his or its agents or employees, and City officers or employees providing, however, that any contractor, -or any person, firm or corporation having procured a housemover's license as hereinbefore provided may file a general bond to cover any and all jobs of housemoving, over which he or it has 'supervision, and indemnifying the City as hereinbefore set forth which bond shall be good for the period of the license and not to exceed one year, and in the event such general bond is on file, such housemover shall not be required to furnish any other or further bond unless a claim has been filed or suit instituted against the City as the result of the alleged negligence or carelessness of such housemover, in which event such housemover shall be required to file an additional indemnifying bond so that at all times the City is protected by an indemnifying bond in the sum of one thousand dollars over and above the amount of any and all claims filed or legal actions instituted against the City on account of alleged negligence of such housemover, his or its agent or employees, and City officers or employees. Section 8. GENERAL CONTRACTOR, The provisions of Section 6 of this chapter shall not be applicable to general contractors as defined by, and registered in accordance with, RCW Chapter 18.27. Section 9. DESIGNATED STREETS FOR REMOVAL. The building inspector shall procure from the City Engineer 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. In making their determinations the City Engineer 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 10. PERMITTEE DUTIES. 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 in writing of a desired change in moving date and hours as proposed in the application. (C) NOTIFY OF DAMAGE. Notify the building inspector in writing of any and all damage done to property belonging to the City within twenty-four hours after the damage or injury has occurred. (D) DISPLAY LIGHTS. Cause red light to be displayed during the night time on every side of the building, while standing on a street, in such a 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. . - 4 - (E) COMPLY WITH GOVERNING LAW. Comply with the building code, the fire zone, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the City. (F) PAY EXPENSE OF OFFICER, Pay the expense of a traffic officer if ordered by the building inspector to accompany the movement of the building to protect the public from injury. (G) 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. (H) REMOVE SERVICE CONNECTION. See that the sewer line is plugged with a concrete stopper and the water shut off. The permittee shall notify the gas and electric service companies to remove their services. Section 11. ENFORCEMENT. (A) ENFORCING OFFICERS. The building inspector shall enforce and carry out the requirements of this chapter. (B) PERMITTEE LIABLE FOR. EXPENSE ABOVE INSURANCE COVERAGE. The permittee shall be liable for any expense, damage or costs in excess of their insurance coverage, and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. (C) ORIGINAL PREMISES LEFT UNSAFE, The City shall proceed to do the work necessary to leaving the original premises in a'safe and sanitary condition, where permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the General Deposit. Section 12. BUILDING CODE COMPLIANCE. The owner shall file at time of application, sufficient plans indicating the building will comply with all the current building, mechanical, plumbing, electrical and Fire Codes as adopted by the City. The plans shall contain at least the following informa tion: (A) A detailed plot plan drawn at a scale of 111=20'-0" showing the location of the house on the proposed new site, distance to side yards, off-street parking in compliance to Title 22 of the Municipal Code, all other buildings on said site, north direction indicator, scale, address, and legal property description. (B) A dimensioned foundation plan drawn at a scale of 1/4"=1'0 showing locations and size of footings and foundation walls, size -and spacing and direction of floor joists, girders, etc. (C) A floor plan drawn at a scale of 1/4"=1'0" showing location of all partitions, plumbing fixtures, doors, size and location of windows, water heater and heating unit. (D) A structural cross section showing the size and spacing of all trusses, rafters, joists and other structural members, roof sheathing, subfloor and wall and partition cons truc tion. Section 13. GENERAL PROVISIONS, All buildings to be moved for which a permit has been issued shall comply with the following general provisions in addition to all other requirements of this Ordinance: (A) All existing buildings when relocated to a new site, shall be made to comply with the current building, mechanical, plumbing, electrical, and fire codes, as adopted by the City, prior to occupancy. -5- (B) Upon completion of the moving of the building, the owner shall proceed immediately to bring the building in compliance with the plans as approved by the Building Official for the said building, all requirements of the Zoning Ordinance, Fire Code, Building Code, Mechanical Code, Plumbing Code and Electrical Code as adopted by the City, and all such work shall be completed within 90 days from the issuance date of the Building Relocation Permit. The owner of said building shall secure all necessary permits for required work prior to commencement of removing said building from its original site. Section 14. GENERAL DEPOSIT, An application hereunder shall be accompanied: By a cash deposit or corporate surety performance bond in the sum of five thousand dollars, conditioned upon the permittee, within 90 days from the date of the issuance of such permit: (A) Completing the construction, painting and finishing of the exterior of the building, and; (B) Faithfully complying with all requirements of this chapter, the building code, and the other ordinances then in effect within the'City, including but not limited to permittee completing such work within 90 days from the date of the issuance of such permit. In the event the provisions hereof are not complied with within the time specified, the sum of five thousand dollars shall be forfeited htp the City as a penalty for the default, and this shall be in addition to any other penalties provided for failure to comply with the terms of this chapter. Section 15. RETURN OF FEES & DEPOSITS. (A) RETURN UPON NON -ISSUANCE. Upon the refusal of the Building Inspector to issue a permit the Building Inspector shall return to the applicant all fees, deposits and bonds. (B) RETURN UPON ALLOWANCE FOR. EXPENSE. After the building has been removed the Building Inspector shall prepare a written statement of all expenses incurred in removing and replacing all property belonging to the City, and all material used in the making of the removal and replacement 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 Building Inspector shall return to the applicant all deposits after deduction of a sum sufficient to pay for all of the cost and expenses and for all damage done to property of the City by reason of the removal of the building. Section 16. APPEAL. Any person aggrieved by the action of the Building Inspector in refusing to issue a permit under this chapter shall have the right to appeal such action to the Board of Adjustment, by filing a notice of appeal within ten days of receiving notice of the action from which appeal is taken. The board shall set a date for hearing such appeal and at such hearing, the appellant may appear and be heard, subject to reasonable rules and regulations provided by the board. Section 17. PENALTIES. Any person, firm or corporation who violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof shall be punished by fine in any sum not to exceed $500.00 or by imprisonment in the City Jail for a term not to exceed six (6) months, or by both such fine and imprisonment. Every such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any portion of any of the provisions of this Ordinance is committed, continued, or permitted. Violations of this Ordinance by any licensed person, firm or corporation in the house moving business ahll be sufficient ground for revocation of such license at the discretion of the City Council. Section 18. SEVERABILITY. That if any section, sentence, clause, or phrase of this Ordinance be held to be invalid or unconstitutional, the invalidity or unconstitutionality of any section, sentence, clause, or phrase of this Ordinance, the same shall not effect the validity of constitutionality of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid. Section 19. REPEALING CERTAIN ORDINANCES. Section 15 of Ordinance 101; Ordinance 303; and Ordinance 1375; are hereby repealed. Section 20. EFFECTIVE DATE. This Ordinance shall be in full force and effect five (5) days after its passage, approval and legal publication. PASSED BY THE CITY COUNCIL AND APPROVED THIS ATTEST: Evelyn Wells, Dep.uty'.City Clerk APPROVED -AS TO'..FORM:: Patrick T. Roach, City Attorney 21 day of September 1976. J Tidrick Mayor