HomeMy WebLinkAboutCity Council Ordinance 1961-14PZyliou* VW690
VILLAGE OF PLY140UTH
Ordinance No. 61-14
Regulating the Moving of Build-
ings Over Streets and Allen in
the Villages Providing for Pro-
iecfion to the Village From
Damages Arising Out of Such
Operations.
Section 1. Definition&
LOL For the purposes of this
ordinance, the following terms,
phrases, words and their deriva-
tions shall have the meaning
given herein.
A. "Building" is a structure
designed, built or occupied as a
shelter or roofed enclosure for
persons, animals or property and
used for residential business,
mercantile, storage, commercial
industrial, institutional, assembly,
educational or recreational pur-
poses. A structure of less than
100 square feet floor area shall
not fall within this definition.
B. "Building Inspector" is the
Building Inspector of the Village
of Plymouth.
C. "Village" is the Village of
Plymouth.
D. "Person" is any person,
firm, partnership, association, cor-
poration, company or organization
of any kind.
Section L Permit Required.
2.01 No person shall move any
building over, along or across any
highway, street or alley in the
Village without first obtaining a
permit from the Building Inspec-
tor.
Section 3. Application.
3.01 A person seeking issuance
of a permit hereunder shall file
an application for such permit
with the Building Inspector.
A. Forra. The application shall
b,e made in writing, upon forms
provided by the Building Inspec-
tor, and shall be filed in the office
of the Building Inspector and
shall contain such information as
the Building Inspector shall find
necessary to a determination of
whether a permit should be is-
sued.
B. Accompanying Papers.
(1) Tax Certificate. The owner
of the building to be moved shall
file with the application sufficient
evidence that all real estate taxes
and special assessments against
the building and lot from which
it is to be removed are paid in
full.
(2) Certificate of Ownership
or Entitlement. The applicant, if
other than the owner, shall file
with the application sufficient
written evidence that he is en-
titled to move the building.
(3) Consent of Public Utility
Company. The applicant shall file
with the application prior to is -
nuance of permit, written evi-
dence of arrangements with all
public utility companies whose
wires, lamps or poles are required
to be removed, for the removal
thereof by the company.
C. Fee. The application shall
be accompanied by a permit fee
in the amount of $50.00. If the
building to be moved is located
outside the Village such fee shall
be augmented by a charge of 10c
per mile beyond the Village limits
to defray inspection cost.
Section L Security Require-
ment.
4.01 Cash DeposiL An appli-
cation hereunder shall be accom-
panied by a cash deposit in the
sum of $500.00 as an indemnity
for any damage which the Village
may sustain by reason of damage
or injury to any highway, street
or alley, sidewalk, fire hydrant
or other property of the Village,
which may be caused by or be
incidental LJ the remo• al of any
building over, along or across any
street in the Village, and for any
expense incurred by the Village
under Subdivision 7.02 of Sec-
tion 7.
4.02 Bond. Any person filing
an application hereunder shall
file with the Village Clerk a bond,
approved as to form by the Vil-
lage Attorney, executed by a cor-
porate surety company authorized
to do business in the State of Min-
nesota in the amount of $5,000,
conditioned upon the compliance
by the applicant with this and
other applicable ordinances and
laws, and payments to the Village
of all fees, fines and penalties re-
quired by said ordinances.
4.03. Insurance. Any person
filing an application shall also file
with the Village Clerk a liability
insurance policy or certificate of
such insurance, issued by an in-
surance company authorized to do
business in the State of Minne-
sota, and approved as to form
by the Village Attorney. The
policy shall insure the applicant,
and the Village as an insured in
the sum of at least $25,000 for
injury to one person, and $50,000
for one accident, and at least
$25,000 property damage, and the
policy shall be kept in effect until
after the building has been
moved.
Section 5. Duties of Building
Inspector.
5.01. Inspection. The Building
Inspector shall inspect the build-
ing and the applicant's equipment
to determine whether the follow-
ing standards for issuance of a
permit are met.
5.02 Standards for Issuance.
The Building Inspector shall re-
fuse to issue a permit if he finds:
A. That any application re-
quirement or any flee or
band, or insurance requireimmlt
has not been complied with;
B. That the building is too
large to move without endanger-
ing persons or property in the
Village;
C. That the building is in suet,
a state of deterioration or disre-
pair or is otherwise so structur-
ally unsafe that it could not be
moved without endangering per-
sons and property in the Village;
D. That the building is struc-
turally unsafe or unfit for the
purpose for which moved, if the
location to which the building is
to be moved is in the Village;
E. That the applicant's equip-
ment is unsafe and that persons
and property would be endan-
gered by its use;
F. That zoning, building code
or other ordinances would be via
fated by the building in its new
location;
G. That for any other reason
persons or property in the Village
would be endangered by the mov-
ing of the building.
5.03. Fees and Deposits.
A. Return upon Was-IMMUM .
Upon his refusal to issue a per-
mit the Building Inspector shall
direct the Village Clerk to rtturn
to the applicant ail deposi*
bonds and Insurance policies. Per-
mit fees filed with the application
shall not be returned.
B. Return upon Alkwsao@ lies
Expense. After the building has
been removed the Building In-
spector shall furnish the Village
Clerk with a written statement of
all expenses incurred and of all
damage caused to or inflicted up-
on property belonging to the Vil-
lage by reason of the rettmvaL
The Village Clerk shall return to
the applicant all deposits after
deducting a sum sufficient to pay
for all of the costs and expenses
and for all damage done to prop-
erty of the Village. Permit fees
deposited with the application
shall not be returned.
5.04 Designate Streets for no.
movaL The Building Inspector
shall procure from the Village
Clerk 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 and shall re-
produce the list upon the permit
in writing. In making their deter-
minations, the Village Clerk and
the Chief of Police shall act to
assure maximum safety to per-
sons and property in the Village
and to minimize congestion and
traffic hazards on public streets.
Section G. Duties of Permitlae.
6.01 Every permittee under this
Ordinance shall:
A. Use Designated S t r e e t s.
Move a building only over streets
designated for such use in the
written permit,
B. Notify of Revised Moving
Time. Notify the Building in-
spector 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 damages done to
property belonging to the Village
or any public utility within 24
hours after the damage or injury
has occurred.
D. Display Lights. Cause red
lights to be displayed during the
night time on every side of the
building, while standing on a
street, in such manner as to warn
the public of the obstruction, and
shall at all times erect and main -
Win barricades across the streets
in such manner as to protect the
pubic from damage or injury by
reas-in of the removal of the
building. Warring lights with
open flame shall not be used.
E. Street Occupancy Period.
Remove the building from the
Village streets after two days of
such occupancy, unless an erten.
sion is granted by the Village
Clerk.
F. Comply vdtb Governing
Law. Comply with the Building
Code, the Zoning Ordinance and
other applicable ordinances and
laws upon relocating the building
in the Village.
G. Pay Expense$ of Officer.
Pay the expense of a traffic officer
ordered by the Village Clerk to
accompany the movement of the
building to protect the public
from injury.
H. Clear Old Preauses. Re-
move all rubbish and materials
and fill all excavations to existing
grade at the original building site
if within the Village so that the
premises are left in a safe and
sanitary condition.
I. Remove Service Connection.
The Permittee shall notify gas
and electric service companies to
remove their services from the
premises and shall remove and
disconnect all other utitily con-
nections. In the event that the
property is served by sanitaory
sewer, the Permittee shall plug
the sewer line with a concrete
stopper.
J. Completion of Remodeling.
Complete promptly, and within
ninety (90) days after removal, all
remodeling, additions or repairs
as shown on the plans accompa-
nying the application.
Section 7. Liability of Permit-
tee to Village.
7.01 Permittee Liable for Ex-
pense Above Deposit. The Per-
mittee shall be liable for any ex-
pense, damages or costa in excess
of deposited amounts or securi-
ties.
7.02 Original Premises Left
Unsafe. If the original building
site is within the Village, the
Village shall proceed to do the
work necessary to leaving the
original premises in a safe and
sanitary condition, where Per-
mittee does not comply with the
requirements of this Ordinance,
and the cost thereof shall be
charged against the cash deposit.
Adoptee by the Village Council
this 18th day of July, 198I.
/s/ THOMAS J. KEEFE,
(Seal) Mayor Protein
ATTEST:
H. T. JOHNSON, Village Clerk.
(7-27-61)