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HomeMy WebLinkAbout0589 Ord (Establish Building Moving)492 • • .Q..,e _,(¢fQ_ 'e e93 ORDINANCE NO. 589 41""0-.L #403 AN ORDINANCE ESTABLISHING BUILDING MOVING REGULATIONS WITHIN THE CITY OF STILLWATER. THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: Section 1. In the Stillwater City Code, Chapter 31, a new Section 31.08, Building Moving Regulation is hereby enacted as follows: 31.08 Building Moving Regulation. Subd. 1. PERMIT REQUIRED. No person shall move, remove, raise of hold up any building within the limits of the City of Stillwater without first obtaining a permit from the City. Person as used herein shall include, but not be limited to, the owner and mover of any such building. Subd. 2. APPLICATION. A person seeking issuance of a permit hereunder shall file an application for such permit with the City's Building Official in writing. The applica- tion shall include the address and legal description of the land on which the building is situated, and if within the City, to which it is proposed to be moved, the route, including identification of streets or roads over which it is to be moved, the distance, the proposed date of movement, the status of any outstanding taxes and such other information as the City shall require for the determination to be made hereunder. The application shall not be accepted for filing unless accompanied by the following: (1) Evidence that all real estate taxes and special assessments against the building and land from which it is to be removed are paid in full. (2) A written statement, bill of sale or other written evidence that the applicant is entitled to move the building. (3) Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the applicant. (4) Written evidence that applicant has complied with the pro-'isions of Minnesota Statutes 221.8], Building Moving Regulation. (5) Payment of a fee in the amount of $25.00 for the permit. (6) If the building is to be located within the City after its movement, a survey by a licensed surveyor of the land to which the building is to be moved, including the location of the building in relation to the boundaries of the land. (7) If the building is to be located within the City, after its movement, photcgraphs of, (a) two or more views of the building co be moved, (b) the lot on which the building is to be located, and (c) the lands, and structures thereon, adjacent to the lot on which the building is to be located. Subd. 3. DUTIES OF THE BUILDING OFFICIAL Upon receipt of the application accompanied by the fee, and the statement and information required by Subd. 2 hereof, the Building Official shall review the application and make such investigation as he shall deem appro- priate. He shall also obtain the recommendations of the Director of Public Safety and City Engineer with respect to the streets and roads on which the building may be moved to assure the greatest degree of safety to persons and property and to minimize congestion on public streets. Upon completion of his review and investigation, the Building Official shall make his report to the City Council. Subd. 4. CITY COUNCIL HEARING. (1) In those instances in which applicant requests the moving of a building to a location within the City, the City Council shall hold a public hearing on whether a permit shall be issued not later than 60 days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the hearing shall be given by publication in the official newspaper of the City and by mailing to the owners of real property situated within 300 feet of the land to which the building is to be moved at least ten days prior to the date of the hearing. Notice containing the same information shall be posted on the property to which the building is to be moved, not less than 30 days prior to the date of the hearing. Failure to give mailed notice or any defect in the notice shall not invalidate the hearing or any proceedings taken thereat. (2) Not later than five days after the conclusion of the hearing the City Council shall either deny issuance of a permit. Subd. 5. DENIAL OF A PERMIT. Issuance of a permit shall be denied upon a finding of any one of the following: (1) Applicant has not complied with any requirement imposed pursuant to Subd. 2 hereof: (continued on page 493) • ac r., • • • 493 • • ORDINANCE NO. 589 (2) Persons or property in the City would be endangered by movement of the building, because it is too large for any other reason; (3) The building is in such state of deterioration or disrepair or is otherwise so structurally unsafe that it would consitute a danger to persons or property in the City; (4) The building ihes locationrtoly whichafe or unfit the building tothe beumoved is which moved, in the City. (5) The equipment for moving the building is unsafe and persons or property would be endangered by its use; (6) The building or its use would not be in compliance with zoning, building or other ordinances of the City. (7) If the ilding in th and the building tisnbin substantialuariis moved s to which the ancewith either the establishedy, or the expected patttern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and whetherlalbuildingt isgin substantial ovariance.rhood Ifethe nbuilding sidered it n dbeeng the moved is more than ten years older than the oldest building siedaon thellon the ands abutting the land to which the building is to be moved, such evidence that the building to be moved is in substantial variance. Subd. 6. DUTIES OF PERMIT HOLDER. to this ordinance shall: Persons receiving a permit from the City pursuant (1) Move the building over those steets only, which are designated for such use in the permit. (2) Notify the Building Official in writing on any desired change in the date or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the Building Official and notify the Department of Public Safety at least 24 hours prior to the commenc- ing movement of the building. (3) Notiy of ag causd to belongingftotthe t heCity or any tpublic nutility gwithin24ehourseafter perty the damage or injury has occurred. (4) Cause red lights to be displayed during the night te on ht time onneachaside of the building; while situatedon a public street, warn the public of an obstruction, and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by reason of the presence, move- ment or removal of the building. Warning lights with open flames shall not be used. (5) Not park the building on any City street at any time during the moving process. (6) Comply with the Building Code, the Fire Ordinance, the Zoning Ordinance and all other ordinances and laws. ic er dered to) accompany the movement noft the fbuilding torprotect y the Building Official Pay the exnse of publicfrom injury. (8) Remove all rubbish and materials and all hin the exca�.atiotsat texto istingses grade at the original building site, are left in a safe and sanitary condition. All foundation structures shall be moved to a depth of 18 inches below the finished grade of the earth. (9) Cause any sewer lines to be plugged with a concrete stopper, and the water to be shut off if the original building is within them City. The holder of the permit shall notify gas, electric and other utilities to remove their services. (10) If the building is relocated in the City, complet,. within 90 days after vmd removal, all remodeling, additions or repairs as indicated in the application, in any document filed in support thereof, or in any building permit issued in connection therewith. (11) Take all reasonable precautions to secure the building and to reduce danger of any member of the public until the building is set on its undate dation and any remodeling, additions or repairs, described in the application, been completed, including but not limited to, (a) locking all doors and windows; (b) providing sufficient support or bracing so as to stablize the building to prevent it or any part thereof from sliding, slipping, falling or moving, and (c) erecting and maintaining a security ity fence top r wall ithl esbase be base of hichast shall be no higher than four (4) inches, four (4) feet, above the surface of the ground and which shall enclose the entire building as well as the excavation for the foundation. (continued on page 494) 4 • • 494 • ORDINANCE NO. 589 - continued Subd. 7. LIABILITY TO CITY. (1) The holder or holders of a permit shall be liable jointly and severally for any expenses, damages, or costs paid or incurred by the City as a result of the issuance of a permit or the taking or failure to take any action by the holder or holders of the permit or the City hereunder. (2) The City may take or cause to be taken any of the following actions and may retain so much of the cash deposit necessary to reimburse itself for any costs or expenses incurred as a result thereof: (a) If the City in its sole discretion determines that the premises from which, or to which the building is to be moved, if within the City, or the movement of the building through or within the City is unsafe or constitutes any other unsafe condition, the City in its sole discretion may, but shall not be required to, take or cause such action to be taken to eliminate such unsafe condition or conditions as it shall deem appropriate. (b) If the premises from which the building has been removed are within the City and such premises are left in an unsafe or unsanitary condition or the provisions of this Ordinance with respect to such premises have not been complied with, the City may, but shall not be required, in its sole discretion to take or cause such action to be taken to remedy such unsafe or unsanitary condition an' to place the premises in such condition as to be in compliance with this Ordinance. Subd. 8. No person shall move any building on any public street or highway withing the City at any time other than during the hours of 1:00 A. M. to 5:30 A. M. Subd. 9. SEPARABILITY. Every section, provision, or part of this Ordinance is declared separable from every other section, provision or part therof. Subd. 10. PENALTY. Any person violating or failing to comply with any provision of this ordinance shall upon conviction thereof, be guilty of a misdemea:ior. Section 2. Effective date This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the Cuty of Stillwater on this 18th day of November, 1980. Published: November 9, 1980 Attest: ,l- ,�e17r LZi Cit Clerk Mayo: • •