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HomeMy WebLinkAbout21-84 Ordinance I ORDINANCE NO. 21-84 .,,-~ AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER, ALONG OR ACROSS HIGHWAYS, STREETS AND ALLEYS IN THE CIT ; PROVIDING FOR PROTECTION TO THE CITY FROM DAMAGES ARIS- ING OUT OF SUCH OPERATION; AUTHORIZING THE CITY BUILD- ING OFFICIAL TO ISSUE PERMITS; PROVIDING FOR ENFORCEMEN ; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. NOW THEREFORE BE IT ordained by the Council of the Village of Dublin: Section 1. Definitions. For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "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, cormnercial, industrial, institutional, assembly, educational or recreational purposes. Building shall not include any shed, outbuilding or other structure less than 10 feet x 15 feet. (2) "Building Inspector" is the Building Inspector of the Village of Dublin. (3) "Building Official" is the Building Official of the Village of Dublin and/or "Village Engineer". (4) "Village" is the Village of Dublin. (5) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. Section 2. Permit Required. No person shall move any build ing over, along or across any highway, street or alley in the Village without first obtaining a permit from the Building Official. Section 3. Application. A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Official. I Page Two (1) Form. The application shall be made in writing, upon forms provided by the Building Official, and shall be filed in the office of the Building Official. (2) Contents. The application shall set forth: (a) A description of the building proposed to be moved, II giving sreet number, construction materials, dimensions, number of rooms and condition of exterior and interior; (b) A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the Village; (c) A legal description of the lot to which it is proposed such building be removed, giving lot, block and tract number if located in the Village; (d) The portion of the lot to be occupied by the building when moved; (e) The highways, streets and alleys over, along or across which the building is proposed to be moved; (f) Proposed moving date and hours; (g) Any additional information which the building Official should determine necessary to a fair determination of whether a permit should issue. (3) Accompanying Papers. (a) Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all taxes and any Village charges against the same are paid in full. (b) Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence that he is entitled to move the building. , Page Three (4) Fee. The application shall be accompanied by a permit fee in the amount of $20.00. Section 4. Deposit for Expense to Village. Upon receipt of an application it shall be the duty of the Village Building Official to estimate the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging to the Village or any other property of the Village, the removal and replacement of which will be required by reason of the moving of the building through the village, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuanc+ of the permit the Building Official shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense. Section 5. General Deposit. An application hereunder shall I be accompanied by a cash deposit in the sum of $2,000.00 as an indemnity for any damage which the Village may sustain by reason of damage or injury to any highway, street or alley, side- walk, fire-hydrant or other property of the Village, which may be caused by or be incidental to the removal of any building over, along or across any street in the Village and to indemnify the Village against any claim of damages to persons or private property, and to satisfy any claims by private individuals arisi g out of, caused by or incidental to the moving of any building over, along or across any street in the Village. (a) Bond in Lieu of Deposit. Any person filing an applica tion hereunder may, in lieu of the general cash deposit required above, file with the Building Official a bond, approved as to form by the Law Director, executed by a bonding or surety compan authorized to do business in the State of Ohio in the amount of ten thousand ($10,000), conditioned upon the assurance that this and other applicable ordinances and laws will be complied with. Such bond shall run to the Village for the use and benefit 'I I Page Four of any person or persons intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulti~g from any malfeasance, misfeasance, or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted. (2) Insurance Policy in Lieu of Deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Official a liability insurance policy, issued by an insurance company authorized to do business in the State of Ohio, and approved as to form by the City Attorney, in the same amount and providing the same protection as would be required for a bond hereunder. Section 6. Duties of Building Inspector. (1) Inspection. The Building Inspector shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met. (2) Standards for Issuance. The Building Inspector shall refuse to issue a permit if he finds: (a) That any application requirement or any fee or deposit requirement has not been complied with; (b) That the building is too large to move without endangeri g persons or property in the Village; (c) That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the Village; (d) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the Village; (e) That the applicant's equipment is unsafe and that person and property would be endangered by its use; (f) That zoning or other ordinances would be violated by the building in its new location; (g) That for any other reason persons or property in the Village would be endangered by the moving of the building. Page Five (3) Fees and Deposits. (a) Deposit. The Building Official shall deposit all fees and deposits, and all bonds or insurance policies with the Finance Director. (b) Return upon non-issuance. Upon his refusal to issue a permit the Building Official shall return to the applicant all deposits, bonds and insurance policies. Permit fees filled with the application shall not be returned. (c) Return upon allowance for expense. After the building has beeen removed the Building Official shall furnish the Manager with a written statement of all expenses incurred in removing and replacing all property belonging to the Village, and of all material used in the making of the removal and replacement togethe with a statement of all damage caused to or inflicted upon propert belonging to the Village. Provided however, that if any wires, po 1 e s , lamps or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The Manager shall authorize the Building Official to return to the applicant all deposits after the Finance Director deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the Village by reason of the removal of the building. Permit fees deposited with the application shall not be returned. (4) Designate Streets for Removal. The Building Official shall procure from the Engineer a list of designated streets over which the building may be moved. The Building Official shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their i determinations the ~ngineer and the Chief of Police shall act to assure maximum safety to persons and property in the Village and to minimize congestion and traffic hazards on public streets. " I , Page Six Section 7. Duties of Permittee. Every permittee under this Ordinance shall: (1) Use Designated Streets. Move a building only over streets designated for such use in the written permit. (2) Notify of Revised Moving Time. Notify the Building Official in writing of a desired change in moving date and hours as proposed in the application. (3) Notify of Dama~. Notify the Building Official in writing of any and all damage done to property belonging to the Village within 24 hours after the damage or injury has occurred. (4) 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 obstructi n, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. (5) Street Occupancy Period. Remove the building from the Village streets after two days of such occupancy, unless an extension is granted by the Manager. (6) Comply with Governing Law. Comply with the Building Code, the Fire Zone, the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the Village. (7) Pay Expense of Officer. Pay the expense of a traffic officer ordered by the Building Official to accompany the movemen of the building to protect the public from injury. (8) Clear Old Premises. Remove all rubbish and materials and fill all excavations to existing grade at the original buildin site so that the premises are left in a safe and sanitary conditio . (9) Remove Service Connection. See that the sewer line -_._"-_.~---_.._----_._~_.~-~._-- is plugged with a concrete stopper, the water shut off, and the meter returned to the Columbus Water office. Permittee shall notify the gas and electric service companies to remove their services. (10) Occupancy of Vacant Lots and/or Private Property. Any building being moved shall not occupy a vacant lot and/or private property unless ~vritten pennission is obtained from the property owner and said copy filed \vith the Building Official. The period of tiroe of such occupancy shall not exceed two days. ! Page Seven Section 8. :t:nforcement. (1) Enforcing Officer~ The Building Official the Police Department and the t::ngineer shall enforce and carry out the require- ments of this Ordinance. (2) Permittee Liable for Expense above Deposit. The Permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the Law Director shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. (3) Original Premises Left Unsafe. The Village shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition, where permittee does not comply with requirements of this Ordinance, and the cost thereof shall be charged against the General Deposit. Section 9. Penalties. ------ Whoever violates any provision of this ordinance including moving of a building without a permit shall be guilty of a misdemeanor of the third degree for each such offense in addition to other penalties imposed by law. Section 10. This ordinance shall take effect and be in -- force from and after the earliest period permitted by law. Passed 9~~<- /f, /9 % :1 / Attest: 1<' _..J /ttJ.- f~~V 'r/). 'Ch.~u CYerk of Countil I hereby certify that copies of this Ordinance/Resolution were p05ted in the Village of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ~-::z.r./:c.? ~J7. 't-/1.-/~ // erk of Council / . . 5/31/84 PAGE SIX ORDINANCE 21-84 - AMENDED SEE SECTION 7. (10) - - Page Six Section 7. Duties of Permittee. Every permittee under this Ordinance shall: I 1 (1) Use Designated Streets. Move a building onlY.qver i I i streets designated for such use in the written permit. (2) Notify of Revised Moving Time. Notify the Building Official in writing of a desired change in moving date and hours as proposed in the application. (3) Notify of Damage. Notify the Building Official in writing of any and all damage done to property belonging to the Village within 24 hours after the damage or injury has occurred. (4) 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 obstructi n and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. (5) Street Occupancy Period. Remove the buildinglf~om the Village streets after two days of such occupancy, unless Ii an extension is granted by the Manager. (6) Comply with Governing Law. Comply with the Building ! Code, the Fire Zone, the Zoning Ordinance and all other applicable ! ordinances and laws upon relocating the building in the Village. (7) Pay Expense of Officer. Pay the expense of a traffic ~ officer ordered by the Building Official to accompany the movemen of the building to protect the public from injury. I (8) Clear Old Premises. Remove all rubbish and materials I I and fill all excavations to existing grade at the original bUildinJ I site so that the premises are left in a safe and sanitary conditio (9) Remove Service Connection. See that the sewer line is plugged with a concrete stopper, the water shut off, and the meter returned to the Columbus Water office. Permittee shall notify the gas and electric service companies to remove their services. -~ (10) Occupancy of Vacant Lots am/or Private Property. Any hJilding ! being rroved shall not occupy a vacant lot am/or private property unless \vritten pennission is obtained from the property owner and said copy filed \vi eh the Building Official. The period of time of such occupancy shall not exceed two days.