Chapter 1337: Moving of Buildings

Sections

Cross references

  • House movers - see Ohio R.C. 715.27
  • Obstructing streets - see TRAF. 311.01
  • Blocking off streets - see TRAF. 311.03
  • Care of streets - see GEN. OFF. 543.01
  • Fee for moving of buildings - see BLDG. 1309.06

1337.01   Permit required

No person shall move any building or structure, or substantial part thereof, over, along or across any highway or street, whether dedicated or undedicated, private property or public grounds, within the Municipality or onto any premises within the Municipality, without obtaining a permit therefor, which permit shall not be granted without compliance with the provisions of this chapter and all other applicable provisions of the Building and Zoning Codes of the Municipality, not inconsistent herewith.
(Ord. 1988-26. Passed 4-11-88.)

1337.02   Application

The applicant for a permit under this chapter shall file in the office of the Chief Administrative Officer (C.A.O.) a permit fee of eight hundred dollars ($800.00) and a written application on such form as may be provided by the C.A.O. and shall contain the following information:

  1. (a) A description of the building proposed to be moved, giving street number, construction materials, exterior dimensions and heights, number of rooms and condition of exterior and interior and sufficient structural information so that the C.A.O. may determine that the building, when moved, will comply with the Building Code. The C.A.O. may require a report from a structural engineer certifying that the building is structurally sound.

  2. (b) A description of the lot from which the building is to be moved, if located in the Municipality, and a description of the lot to which it is proposed to be moved, if located within the Municipality. Written approvals of all owners within the Municipality shall also be required.

  3. (c) A site and grade plan showing the proposed location of the building when moved, if the building is to be moved to a lot within the corporate limits of the Municipality. The grade plan shall be approved by the Village Engineer, the same as new construction.

  4. (d) The highways, streets and alleys over, along or across which the building is proposed to be moved.

  5. (e) The proposed moving date and hours, including the length of time estimated in the moving.

  6. (f) Photographs of all the elevations of the building.

  7. (g) A traffic and utilities control plan, indicating number of personnel, police or utility technicians required and arranged for.

  8. (h) Any additional information which the C.A.O. finds necessary for a thorough inspection of the building and a fair determination of whether a permit should be issued.
    (Ord. 1988-26. Passed 4-11-88; Ord. 2005-28. Passed 6-13-05.)

1337.03   Permit to be in two parts

  1. (a) The first part of the permit shall grant permission only to excavate and build a new foundation to receive the building or structure which is to be moved, if within the Municipality.

  2. (b) The second part of the permit shall grant permission to move the building or structure only after the excavation and foundation have been completed to the point of receiving the building or structure and have been approved by the C.A.O.
    (Ord. 1988-26. Passed 4-11-88.)

1337.04   Expiration and renewal

The permit shall be invalid unless the building or structure is completely set upon the foundation within fifteen days after the excavation has been completed. However, the C.A.O. may grant extensions in writing for periods not exceeding five days each.
(Ord. 1988-26. Passed 4-11-88.)

1337.05   Cash bond; insurance

The following papers shall accompany the application for a permit under this chapter:

  1. (a) A cash bond in the minimum amount of five thousand dollars ($5,000) or such larger amount as the C.A.O. may require as in his judgment being necessary for the protection of public and private property shall be deposited with the C.A.O.

    The deposit shall be refunded to the person making the deposit upon proof of his compliance with all of the ordinances of the Municipality and other laws applicable to the performance of such work and further, that he has compensated the Municipality and any other person entitled to such payment for all property damage caused by the person making the deposit in the performance of the work, and this applies to any public damage to public roads. Otherwise, the Municipality may deduct from the amount of the cash deposit the reasonable cost, as determined by the C.A.O., of repairing such damage and shall return to the permit holder any unexpended balance. If the cost of repairing the roads or property is in excess of the amount of the cash deposit, the permit holder performing the work shall nevertheless remain liable to the Municipality or the property owner, as the case may be, for any excess damage.

  2. (b) The permit holder shall carry liability insurance, protecting the Municipality against liability in the minimum amount of one million dollars ($1,000,000) as to all persons by reason of personal injuries and death, and in the amount of one hundred thousand dollars ($100,000) by reason of damage to property caused by the work authorized by the permit. The applicant shall deposit the policy or proof thereof with the C.A.O., and it shall name the Municipality as an additional insured.

  3. (c) If the building is located within the Municipality, there shall be filed with the application for a permit sufficient evidence that the building and the lot from which it is to be removed are free from encumbrances and that all current taxes and assessments, both general and special, against it, have been paid in full. The applicant, if he is not the owner of the premises from which the building is to be moved, 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 remove the building.

  4. (d) Where utility companies supplying service to the Municipality will be affected, the applicant shall file with his application suitable letters of clearance of the utility companies consenting to the removal. It is deemed that the utilities will be affected except when the removal is limited to a relocation on the same or an abutting lot and no portion of any Municipal street will be entered upon.
    (Ord. 1988-26. Passed 4-11-88.)

1337.06   Inspection of building and equipment

The C.A.O. or his agent shall inspect the building and the applicant’s equipment to determine whether the standards for issuance of a permit are met.
(Ord. 1988-26. Passed 4-11-88.)

1337.07   Standards for issuance of permit

The C.A.O. shall issue a permit for the moving of a building if he finds, upon inspection, that all of the following requirements are met:

  1. (a) The application requirements of the Building, Plumbing, Electrical, Heating and Zoning Codes will be met by the building in its proposed new location.

  2. (b) The application requirements and the necessary fee or deposit requirements have been complied with.

  3. (c) The building is of such physical dimensions and of such condition as to permit its movement without endangering persons or property, in the Municipality.

  4. (d) The building is not in such a state of deterioration or disrepair or otherwise structurally unsafe so that it may be moved without endangering persons and property in the Municipality.

  5. (e) If the removal location is in the Municipality, the building is structurally safe and fit for the purpose for its intended use upon the new location.

  6. (f) The applicant’s equipment is safe and persons and property will not be endangered by its use.

  7. (g) There exists no other condition which might endanger persons or property in the Municipality by moving of the building.
    (Ord. 1988-26. Passed 4-11-88.)

1337.08   Approval of the architectural review board

After the C.A.O. has determined that the proposed building to be moved and the applicant’s equipment meet the standards provided in this chapter, he shall refer the matter to the Architectural Review Board for its review as to design and historical impact, and the permit shall not be issued without the approval of the Board.
(Ord. 1988-26. Passed 4-11-88.)

1337.09   Designation of streets for moving

The C.A.O. shall procure from the applicant a list of the designated streets over which the building is to be moved. The C.A.O. shall have such list approved by the Police Chief, Fire Chief and Street Superintendent. In making their determination, the various departments shall act to assure maximum safety to persons and property in the Municipality, and to minimize congestion and traffic hazards on the public streets. Upon approval of the designated streets and the time of moving, no deviation from the moving route or time shall be taken except upon consent of the C.A.O. or his agent. No building shall be left standing on the improved or unimproved portion of any street overnight for more than two hours during the daytime, unless an extension is granted by the C.A.O. upon the concurrence of the Police Chief and the Fire Chief. Such extension shall not be granted except in the case of extreme urgency. If the moving is to or along a dead-end street, all owners of property abutting the street shall be given not less than twenty-four hours’ notice in writing of such intention at their last known place of residence by the permit holder, advising them of the exact times of blockage on the street.
(Ord. 1988-26. Passed 4-11-88.)

1337.10   Authority of law director

The Law Director is hereby authorized to take action to enjoin the violation of this chapter and to recover damages suffered by the Municipality because of any violation of this chapter, and to take action to enforce the conditions of the cash bond provided for in this chapter.
(Ord. 1988-26. Passed 4-11-88.)

1337.99   Penalty

Whoever violates any of the terms of this chapter shall be guilty of a misdemeanor of the first degree. Each days’ violation shall constitute a separate offense.
(Ord. 1988-26. Passed 4-11-88.)