ARTICLE 5: MOVING BUILDING

Section

4-501 Existing Building Code incorporated 4-502 Building Official; authority

4-503 Permit required

4-504 Same: application for permit

4-505 Same; bond, insurance required 4-506 Same; fee

4-507 Contractor; license required; fee 4-508 Route; duties of Building Official 4-509 Notice to owners

4-510 Duty of owners

4-511 Interfering with poles; wires 4-512 Display of lanterns

§ 4•501 EXISTING BUILDING CODE INCORPORATED.

(a) There is hereby adopted and incorporated by reference, for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings in the city, the 2015 International Existing Building Code, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. One copy of the building code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Cimarron," and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours of business.

(b) Any person violating any provisions of such code shall be punished as provided in§ 1-116 of this code.

(2012 Cadet § 4-501) (Ord. 1046, passed - -)

§ 4-502 BUILDING OFFICIAL; AUTHORITY.

The City Administrator or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of an inspector in accordance with §§ 4-204 through 4-209. which apply in a like manner to this article.

(2012 Code, § 4-503)

§ 4-503 PERMIT REQUIRED.

No person, firm or corporation shall move, haul or transport any house, building, derrick or other structure of the height when loaded for movement of 16 feet or more from the surface of the highway, road, street or alley, or a width of eight feet or more or which cannot be moved at a speed of four mph or faster, upon, across or over any street, alley or sidewalk in this city without first obtaining a permit therefor.

(K.S.A. 17-1914)

§ 4-504 SAME: APPLICATION FOR PERMIT.

All applications for permits required under the provisions of this article shall be made in writing to the City Clerk specifying 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.

(K.S.A. 17-1915)

§ 4-505 SAME; BOND, INSURANCE REQUIRED.

(a) 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 governing body, 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. The bond herein shall be in the sum of $5,000, or cash may be deposited in lieu of such surety bond,

(b) A public liability insurance policy issued by an insurance company authorized to do business in the state, in the amount of $100,000 per person, $300>000 per accident as to personal injury, and

$50,000 property damage may be permitted in lieu of a bond.

§ 4-506 SAME; FEE.

Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay a fee of not less than $5 to the City Clerk, plus the additional cost for the time for any city crews involved in such moving.

§ 4-507 CONTRACTOR; LICENSE REQUIRED; FEE.

The provisions of §§ 4-219 through 4-225 shall apply in a like manner to this article.

§ 4-508 ROUTE; DUTIES OF BUILDING OFFICIAL.

The City Clerk shall, upon filing of the above application, refer the same to the Chief Building Official or his or her authorized designee to check the proposed route and determine if it is practical to move such house or other structure over the route proposed. If it shall appear that such route is not practical, and another route may be used equally well with less danger to street and travel, then he or she may designate such other route as the one to be used and shall notify the applicant of the same. The Building Official may also require the planking of any street, bridge or culvert or any part thereof to prevent damage thereto. It shall also he the duty of the Chief Building Official or his or her authorized designee to inspect the progress of moving any house or other structure to see that the same is being moved in accordance with the provisions of this article.

§ 4-509 NOTICE TO OWNERS.

(a) Upon issuance of a moving permit, the applicant shall give not less than 15 days' written notice to any person owning or operating any wires, cables or other aerial equipment along the proposed route of the intent to move the structure, giving the time and location that the applicants moving operation shall necessitate the cutting, moving, raising or interfering of any wires, cables or other aerial equipment.

(b) The notice provision of subsection (a) above shall not apply where the person owning or operating any wires, cables or other aerial equipment has waived their right to advance notice.

(c) Should the moving operation be delayed, the applicant shall give the owner or his or her agent not less than 24 hours' advance notice of the actual operation,

(K.S.A. 17-1916)

§ 4-510 DUTY OF OWNERS.

(a) It shall be the duty of the person or the city owning or operating such poles or wires, after service of notice as provided herein, to furnish competent lineman or workers 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.

(b) The owner of any wires cables or other aerial equipment1 after service of notice as provided in § 4-508, shall be liable to the permit holder for damages in an amount not to exceed $100 per day for each day the owner shall fail or refuse to accommodate the permit holder's moving operations. (K.S.A. 17-1917)

§ 4-511 INTERFERING WITH POLES; WIRES.

It shall be unlawful for any person engaged in moving any house or other structure to raise, cut or in any way interfere with any wires or poles bearing wires or any other aerial equipment.

(K.S.A. 17-1918)

§ 4-512 DISPLAY OF LANTERNS.

It shall be the duty of any person moving any of the structures mentioned in this article upon or across any street, alley or sidewalk or other public place, in this city, to display red lanterns thereon in such a manner as to show the extreme height and width thereof from sunset to sunrise

Cimarron City Code