CHAPTER XIV. STREETS AND SIDEWALKSCHAPTER XIV. STREETS AND SIDEWALKS\ARTICLE 5. MOVING BUILDINGS

It shall be unlawful for any person to move any building, derrick, drilling machine, or other heavy structure, machine or thing along, over or across any street, alley or other public place in the city without first obtaining a permit for such moving from the city clerk. The city clerk shall not issue such permit until the person, firm or corporation applying for the same shall have delivered to the city clerk a written application signed by the applicant describing the structure or thing to be moved, the point from which and to which the same is to be moved in the city, the streets, alleys, and other public places over, along or across which the same is to be moved, and the time that the moving will begin. Such application shall be delivered to the clerk not less than 24 hours nor more than 48 hours before the moving shall begin in the city.

(Code 1973, 15-701)

Upon receipt of the application the city clerk shall deliver the same to the city superintendent, who shall institute or cause to be instituted an investigation of the structure or thing to be moved, the proposed route to be used in such moving, and the wires or other property of any telephone company, electric light or power company, or other public utility having wires strung along or over streets. If for any reason, the superintendent deems the proposed route to be impracticable or liable to occasion unnecessary damage to overhead wires or to the public streets, or alleys, the superintendent may designate some other practicable route for such moving and report same to the city clerk. Upon receiving a report from the superintendent, the city clerk shall issue a permit for the moving over the route applied for or the route substituted by the superintendent and shall deliver the permit to the applicant. The permit shall designate the time when such moving shall begin within the city.

(Code 1973, 15-702)

No permit shall be issued to any person for the moving of houses, until the applicant shall execute and deliver to the city a good and sufficient bond in the penal sum of $10,000 to be approved by the governing body of the city. The bond shall provide for the payment of all damages the city may sustain to any of its pavements, bridges, culverts, or other property and holding the city harmless from any and all claims that may arise against the city by any person for damages to the person or property caused by or on account of the moving of such buildings or structure over and along the streets or other public places in the city.

(Code 1973, 15-702; Code 1995)

It shall be the duty of the city clerk, upon the issuance of any house moving permit as herein provided, to immediately notify, in writing, all persons owning or operating wires, conduits, poles or other material likely to be affected by the moving of such structure or thing, of the issuance of such permit and the date of the proposed moving of the building or structure and the route designated by the governing body to be used in such moving. Notice shall be served 24 hours before the moving of the building, derrick or other structure. No person, engaged in the moving of such house or structure, shall raise, cut or in any way interfere with any poles or wires, unless the person or authorities owning or having control of the same shall neglect or refuse so to do after having been notified as required in this section. In case of neglect or refusal by such person or authorities, only competent workmen and linemen shall be employed in such work by the person engaged in moving the house or structure. The necessary and reasonable expense shall be paid by the owners of the poles and wires handled, and the work shall be done in a careful and workmanlike manner. Poles and wires shall be promptly replaced and any damage thereto promptly repaired.

(Code 1973, 15-703)

It shall be the duty of persons owning or operating overhead wires, poles, or other equipment to do the necessary work and furnish the necessary material in moving, raising, cutting and restoring such wires, poles and other equipment. An accurate account of time consumed by the employees in performing the work or labor shall be kept and a bill presented to the person having the permit or engaged in moving such building or structure for all reasonable charges for performing the work and furnishing the necessary material. The house mover or holder of the permit shall pay all reasonable charges for work and material necessarily p

Whenever order the city superintendent of the city shall deem it necessary for the protection of the pavement, crossing, culvert, drain or bridge on the route, he or she shall require the applicant to properly plank the places liable to be damaged before moving along or across same.

(Code 1973, 15-705)

It shall be unlawful for any tractor or other vehicle having lugs or any truck with heavy chains on the wheels, and of more than five tons’ weight, to cross any paved street or to go upon any paved street without first planking across the pavement in to protect the same.

(Code 1973, 15-706)

Any person who shall be engaged in moving any building, derrick or other high or heavy structure, machine or other thing along, across or over any street, alley or other public property of the city, shall keep and maintain red lights or flares at night, visible to anyone approaching the building or other structure from any direction. The chief of the fire department and the chief of police shall be notified where the building or structure is stopped for the night.

(Code 1973, 15-707)

No person shall trim or cut any shade trees for the purpose of allowing any building to pass through or upon any street, alley or lands within this city without doing so with the consent and under the direction of the owner of the trees and of the chief of police.

(Code 1973, 15-708)

No person, except a bonded house mover having a permit, shall move any buildings, derrick, or like structure or heavy thing, along, over or across any street, avenue, alley or other public property in the city.

(Code 1973, 15-709)

Every person who has removed or torn down, or caused to be removed or torn down, any building within the city shall, within a reasonable time after the removal or destruction of the same, clear or cause to be cleared from the lot or lots left vacant by such removal, all of the debris, junk and discarded building materials not to be used immediately in rebuilding, and shall fill in all open wells and cisterns and all cellars, basements or other excavations remaining on such lots, unless same are to be used immediately in connection with other structures to be erected thereon. In addition, such person shall also be under a duty to take all necessary measures to ensure that all sewer lines opening into the building are capped and that all utility lines, including gas, water and electricity, are properly and safely disconnected.

(Code 1973, 15-710; Code 1982)

It shall be unlawful for any person to leave on any lot or lots from which a building has been removed, any abandoned structure or portion of a structure, or any building materials, or any excavation of any nature whatsoever, in such a condition as to constitute a menace to the public health or safety, or to constitute an unusual fire hazard or which may be, or may become, a nuisance.

(Code 1973, 15-711)

The city clerk is hereby authorized and empowered, at his or her discretion, to withhold the issuing of any permit to remove a building or buildings, or to move any building over the streets of the city, until the person or persons applying for such permit shall have satisfied the city clerk, by posting a sufficient deposit, that he, she or they will comply with the provisions of this article. Such bond shall be released, or such deposit to be refunded by the city clerk, when the chief of police of the city shall certify that the provisions of this article have been complied with.

(Code 1973, 15-712)