City Municipal Code Results
BUILDINGS AND CONSTRUCTION
Chapters:
15.04 Building Moving Permits
15.08 Dangerous Buildings
Chapter 15.04
BUILDING MOVING PERMITS
Sections:
15.04.010 Permit required.
15.04.020 Application for permit.
15.04.030 Inspection.
15.04.040 Utility installations.
15.04.050 Performance bond.
15.04.060 Issuance of permit.
15.04.070 Conditions of permit.
15.04.080 Liability.
15.04.090 Equipment.
15.04.100 Continuity.
15.04.110 Litter.
15.04.120 Revocation.
15.04.130 Violation--Penalty.
15.04.010 Permit required.
A building that exceeds eight feet in width or, as loaded for moving, extends upward more than thirteen and one-half (131/2) feet from the ground may be moved across or along a public thoroughfare of the city only in accordance with a permit applied for and issued in accordance with this chapter. (Ord. 364 § 1, 1977)
15.04.020 Application for permit.
An application for a permit to move a building may be submitted to the superintendent of public works (hereinafter referred to as superintendent) and shall state the following information:
A. The location from which the building is proposed to be moved;
B. The proposed new site of the building;
C. The proposed route for moving the building;
D. The dimensions of the building;
E. The type of construction of the building;
F. The approximate age of the building;
G. Such additional information as the superintendent deems necessary for the purposes of preventing property damage and minimizing public danger and inconvenience that might result from the moving. (Ord. 364 § 2, 1977)
15.04.030 Inspection.
After receiving the application the superintendent shall inspect the building, the new site proposed for it, and the route proposed for moving it. (Ord. 364 § 3, 1977)
15.04.040 Utility installations.
The permit shall not be issued unless the applicant therefor submits statements from the owners of the electric wires and poles and other utility installations along the route on which the building is to be moved:
A. That the moving will not interfere with or endanger the installations; or
B. That the applicant has made arrangements to the satisfaction of the owners for protecting the installations, paying for whatever damage the moving causes them, and reimbursing the owners for whatever removal and reinstallation of the installations the moving necessitates. (Ord. 364 § 4, 1977)
15.04.050 Performance bond.
The permit shall not be issued unless the applicant therefor furnishes the city a performance bond in the sum of two thousand dollars ($2,000.00) that within three months after the permit is granted the relocated building will be ready for occupancy and use in accordance with the building and zoning regulations of the city in effect at the time the permit is issued. The city council may extend the time period specified above upon application of the permit holder if the permit holder can show to the satisfaction of the city council that unforeseen circumstances have made compliance with the above impossible. (Ord. 364 § 5, 1977)
15.04.060 Issuance of permit.
The superintendent shall issue such permit applied for:
A. If the application therefor complies with the requirements of this chapter;
B. If the moving can be accomplished without damage to property or, in case of such damage, it is consented to by the owner of the property or is to be paid for to his or her satisfaction;
C. If the building at its new site will conform to the land use requirements of the city; and
D. If the building at its new site is not detrimental to the attractiveness and welfare of the neighborhood in which the site is situated. (Ord. 364 § 6, 1977)
15.04.070 Conditions of permit.
The permit shall specify:
A. The route for moving the building;
B. The time within which the moving is to be completed; and
C. Whatever additional conditions the superintendent deems necessary to minimize the obstruction of traffic, protect property, and protect the public safety. (Ord. 364 § 7, 1977)
15.04.080 Liability.
The permit shall not constitute an authorization for damaging property. The permit shall constitute no defense against what-ever liability the permittee incurs for personal injury or property damage caused by the moving. (Ord. 364 § 8, 1977)
15.04.090 Equipment.
Equipment used to move buildings along or across the public thoroughfares of the city shall be equipped with pneumatic tires, which shall be the only part of the equipment to come in contact with the surfaces of the thoroughfares, except planking as required by the superintendent. The superintendent may require the permittee to proceed on planking of whatever dimensions the superintendent specifies at whatever places he or she deems the planking necessary to prevent damage to a thoroughfare or other property. (Ord. 364 § 9, 1977)
15.04.100 Continuity.
Once a building has been moved into a public thoroughfare pursuant to a permit authorized by this chapter, the party moving the building shall continue with the moving project without interruption until it is completed, except as the permit for the moving or the superintendent specifically allows to the contrary. (Ord. 364 § 10, 1977)
15.04.110 Litter.
A party moving a building pursuant to a permit authorized by this chapter shall promptly remove from public thoroughfare and private property all litter produced by the moving. (Ord. 364 § 11, 1977)
15.04.120 Revocation.
A permit issued pursuant to this chapter may be summarily revoked in the event that the permittee violates any term of the permit or of this chapter. (Ord. 364 § 12, 1977)
15.04.130 Violation--Penalty.
Any person who violates this chapter may be punished by a fine not exceeding five hundred dollars ($500.00), by imprisonment in the county jail for not more than sixty (60) days, or by both. (Ord. 364 § 13, 1977)
Chapter 15.08
DANGEROUS BUILDINGS
Sections:
15.08.010 Definitions.
15.08.020 Nuisance declared.
15.08.030 Initial action.
15.08.040 Hearing--Mailed notice.
15.08.050 Published and posted notices.
15.08.060 Council orders--Notice.
15.08.070 Abatement by the city.
15.08.080 Assessment--Lien.
15.08.090 Summary abatement.
15.08.100 Violation--Penalty.
15.08.010 Definitions.
For the purpose of this chapter:
A. The term "dangerous building" means and includes:
1. A structure which, for the want of proper repairs or by reason of age and dilapidated condition or by reason of poorly installed electrical wiring or equipment, defective chimney, defective gas connection, defective heating apparatus, or for any other cause or reason, is especially liable to fire, and which is so situated or occupied as to endanger any other building or property or human life;
2. A structure containing combustible or explosive material, rubbish, rags, waste, oils, gasoline or inflammable substance of any kind, especially liable to cause fire or danger to the safety of such building, premises, or to human life;
3. A structure which shall be kept or maintained or shall be in a filthy or unsanitary condition, especially liable to cause the spread of contagious or infectious disease or diseases;
4. A structure in such weak or weakened condition, or dilapidated or deteriorated condition, as to endanger any person or property by reason of probability of partial or entire collapse.
B. The term "person" means and includes every natural person, firm, partnership, association or corporation. (Ord. 369 § 1, 1978)
15.08.020 Nuisance declared.
Every building or part thereof which is found by the council to be a dangerous building is hereby declared to be a public nuisance. Such buildings may be abated either by the procedures herein specified or by suit for abatement. (Ord. 369 § 2, 1978)
15.08.030 Initial action.
Whenever the superintendent of public works shall find or be of the opinion that there is a dangerous building in the city, it shall be his or her duty to report the same to the city council. Thereupon the council shall, within a reasonable time, fix a time and place for a public hearing thereon. (Ord. 369 § 3, 1978)
15.08.040 Hearing--Mailed notice.
The city recorder shall send notice by certified or registered mail, return receipt requested, to the owner of record of the premises whereon the building in question is located, notifying the owner in general terms that a hearing will be held concerning the nuisance character of the property, and the time and place thereof. A copy of this notice shall also be posted on the property. At said time and place, or at such other time or place as the council may adjourn to, the hearing shall be held, and the council shall determine by resolution whether or not the building is dangerous. The council may, as a part of the hearing, inspect the building, and the facts observed by the council at such inspection may be considered by it in determining whether or not the building is dangerous. At the hearing the owner or other persons interested in the property or building shall have the right to be heard. At such hearing the council shall have the power to order any building declared to be dangerous, removed and abated, if in its judgment such removal or abatement is necessary in order to remove the dangerous condition, or the council shall have the power to order the building made safe and to prescribe what acts or things must be done to render the same safe. (Ord. 369 § 4, 1978)
15.08.050 Published and posted notices.
Ten (10) days' notice of any hearing shall be published in a newspaper of general circulation in the city or by posting notices thereof in three public places in the city. (Ord. 369 § 5, 1978)
15.08.060 Council orders--Notice.
Five days' notice of the findings made by the council at a hearing and any orders made by the council shall be given to the owner of the building, his or her agent or other person controlling the same, and if the orders be not obeyed and the building rendered safe within the time specified by the order (being not less than five days), then the council shall have the power and duty to order the building removed or made safe at the expense of the owner of the property on which the same is situated. (Ord. 369 § 6, 1978)
15.08.070 Abatement by the city.
In the event that the council orders are not complied with, the council must specify with convenient certainty the work to be done and shall file a statement thereof with the city recorder, and shall advertise for bids for the doing of the work in the manner provided for advertising for bids for street improvement work and as in other public contracts. Bids shall be opened and the contract let in accordance with the city ordinance pertaining to public contracts and purchasing. (Ord. 369 § 7, 1978)
15.08.080 Assessment--Lien.
The council shall ascertain and determine the probable costs of the work, and assess the same against the property upon which the building is situated. The assessment shall be declared by resolution, and it shall be entered in the docket of city liens, and shall thereupon be and become a lien against the property. The creation of the lien and the collection and enforcement of the cost shall all be performed in substantially the same manner as in the case of the cost of street improvements, but irregularities or informalities in the procedure shall be disregarded. (Ord. 369 § 8, 1978)
15.08.090 Summary abatement.
The procedures of this chapter pertaining to council declaration of a dangerous building need not be followed where a building is unmistakably dangerous and imminently endangers human life or property. In such an instance, the chief of the fire department, fire marshal, or chief of police may proceed summarily to abate the building. The cost of abatement shall be assessed against the property upon which the building is situated as provided in Section 15.08.080. (Ord. 369 § 9, 1978)
15.08.100 Violation--Penalty.
Any person who shall be the owner of, or shall be in possession of, or in responsible charge of, any dangerous building within the city, and who shall knowingly suffer or permit the building to be or remain dangerous for as long as ten (10) days after receipt of the notice specified in Section 15.08.060, shall be guilty of a violation of this chapter, and shall, upon conviction thereof, be fined not to exceed two hundred fifty dollars ($250.00), or imprisoned not to exceed ten (10) days, or both fined and imprisoned. (Ord. 369 § 10, 1978)