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HomeMy WebLinkAboutCity Council Ordinance 1980-06CITY OF PLYMOUTH ORDINANCE NO. 80-6 AN ORDINANCE RELATING TO BUILDING, HOUSING AND CONSTRUCTION REGULATIONS; AMENDING SECTION 415 OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Section 415 of the City Code is hereby deleted and the following substituted therefor: "Section 415 - Moving Buildings. 415.01. Definitions. Subdivision 1. For the purposes of this Section, the terms defined in this Subsection have the meanings given them. Subd. 2. "Building" means any structure subject to the pro- visions of Section 400 of this Code. The term also includes farm buildings and dwellings. Subd. 3. "Removal Location" means a location in the City to which a building may properly be moved and on which such building may properly be located after such moving under the provisions of this Section. 415.03. Building Mover's License. It shall be unlawful for any person to move, remove, ra se or hold up any building within the limits of the City without a license issued to do so by the State of Minnesota. Upon renewal, a copy of the State license, current Certificate of Issuance and bond for each contractor shall be filed with the City Inspection Division. 415.05. (Deleted) 415.07. Building Moving Permit. Subdivision 1. Prohibition. It is unaiw�'uT for a licensedTuilding mover to move any building over, along or across any highway, street or alley in the City without first obtaining a building moving permit from the Building Inspector. Subd. 2. Application. A person seeking issuance of a permit shall file an application with the Building Inspector on forms provided by the Inspector. The application shall set forth the following information: (a) A description of the building proposed to be moved, giving street number, construction material, dimen- sions, number of rooms and conditions of exterior and interior, and photographs, showing ground and street elevations; (b) A legal description of the premises from which the building is to be moved if within the City; (c) A certified survey of the property if located in the City; (d) The portion of the premftes to be occupied by the building when moved if located in the City; (e) The highways, streets and alleys over, along or across which the building is proposed to be moved (moving route map); (f) The proposed moving date and hours; and any additional information which the Building Inspector finds necessary Subd. 3. Filing Date of Application. The application for a building moving permit sha11-be maae at east 30 days prior to the proposed moving date. Subd. 4. Certificate of Non -Incumbrance. The owner of the building to be moved shall i e with the application sufficient evi- dence that the building and lot from which it is to be removed are free of any mortgages, liens or other incumbrances and that all taxes and any other charges against the real and personal property are paid in full. Subd. 5. Certificate of Ownership -or Entitlement. The appli- cant shall file with the application a written statement or bill of sale or other sufficient evidence that he is entitled to move the bui 1 di i,g. Subd. 6. Permit Fee. The application shall be accompanied by the permit fees required by Chapter X of this Code together with a sufficient sum, as estimated by the Building Inspector, to cover all other charges required under the terms of this Code. 415.09. Deposit for Expense. Subdivision 1. Amount. Upon receipt of an application for a moving permit, the Department shall obtain an estimate of the expenses that will be incurred In removing and replacing any electric wires, street lamps or pole lines belonging to the City or any other property of the City, the removal and re- placement of which will be required by reason of the moving of the building through the City, together with the cost of materials necessary to be used in making such removals or replacements. Prior to issuance of the permit the Building Inspector shall require of the applicant a deposit of a sum of money equal to the amount of the estimated expenses. Subd. 2. After the building has been removed, the Building Inspector shall when necessary furnish the Clerk with a written statement of all expenses incurred in removing and replacing all property belonging to the City. If any wires, poles, lamps or other property are not located in conformity with this Code, the permittee shall not be liable for the cost of removing them. The Clerk shall authorize the Building Inspector to return to the ap- plicant all deposits after the deduction of a sum sufficient to pay for all of the costs and expenses and for all damage done to property of the City by reason of the removal of the building. Permit fees deposited with the application shall not be returned. Subd. 3. Expenses __Above Deposit. The permittee shall be liable for any expense, damage or cost in excess of deposited amounts or securities, and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such damages, costs or expenses. Subd. 4. Unsafe Premises. The City shall do the work necessary to leaving" ea ec a premises in a safe and sanitary condition if the permittee does not comply with the requirements of this Section and the cost thereof shall be charged against the building mover's deposit. 415.,11. Duties of Building Inspector. Subdivision 1. The Building Inspector has t e powers and duties enumerated in this Subsection in connection with building moving. Subd. 2. Ins ection. He shall inspect the building, whereever located to a erm ne whether the standards for issuance of a permit are met. Subd. 3. Standards. The Building Inspector shall refuse to issue a permit ifEe rnds: -2- (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 endanger- ing 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 should not be moved. (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 zoning regulations or other portions of this Code would be violated by the building in its removal location. (f) That for any reason person or property in the City would be endangered by the moving of the building. (g) That the building to be moved is not worth at least 50 percent of the cost of the present replacement value of a similar new building. (h), That the building in its removal location would fail to comply in any respect with any provision of this Code or that property assurances of future compliance have not been given. Subd. 5. Permit Fees and Deposits. The Building Inspector shall deposit tell fees and deposits with the City in the same manner as all other receipts to the City are deposited. Upon the refusal of the Building Inspector to issue the permit, all deposits shall be returned to the applicant. Permit fees filed with the application shall not be returned." Section 2. This ordiomce shall take effect upon its passage and publication. Adopted by the City Council on the 25th day of February, 1980. Mayor ATTEST: