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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)