§ 8-503. Permit; deposit; notice of relocation; protest by neighboring property owners; hearing.

(a)

It shall be unlawful for any person to move any building within the city without first obtaining a permit so to do, as required by the building code. All applications for permits to move buildings through the streets, avenues or alleys of the city shall be made to the building official. Every such application shall state the location of the building proposed to be moved, its length, width, height and principal material of its exterior sides and of its roof, and shall definitely describe the route over which it is to be moved and the length of time that will be required to move it. Every such application shall include a plot plan certified by a registered surveyor showing the dimensions of the lot upon which the house is to be moved, the exact location of the lot upon which the house is to be moved, and the exact location of the house on the lot with the exact distances of the house from all property lines.

(b)

The building official shall inspect the building to determine whether or not it is safe to move such building, and also to determine if any changes should be made in such building before or after moving. If the building official finds that it is unsafe to move such building, he shall refuse to issue a removal permit, or, if the building official finds that certain changes are necessary before or after the building is moved, he shall require, as a condition to the issuance of such removal permit, an agreement by the person applying for such permit that he will comply with such conditions as may be imposed to protect the public. Upon approval of the building for moving by the building official, the engineer shall determine whether the building can be moved without serious damage to the trees, pavements, culverts, sewers, utility lines, or other public improvements of the unified government. If, in the opinion of the unified government engineer, the building can be moved without serious damage to the trees, pavements, culverts, sewers, utility lines or other public improvements, the unified government engineer shall endorse thereon his approval, together with the charges to be made for the movement of the building over, along or upon the streets, alleys, boulevards or other public grounds of the unified government. If, in the opinion of the unified government engineer, there is no route on which the building could be moved without substantial damage to the unified government's trees, pavement, culverts, sewers, utility lines, or other public improvements, the permit shall not be approved.

(c)

Prior to the issuance of any permit for the relocation of a residential structure, the building official shall post notice on the property to which it is proposed that a house or building be moved. In addition to posting said notice, the unified government building official shall be responsible for mailing notices of such proposed relocation of structure to all of the owners of land located in the subdivision in which the structure is to be located and to all owners of property within 300 feet of the boundaries of the subdivision. In areas of the city outside of platted subdivisions, notices shall be mailed to owners of property within 300 feet of the property on which the structure is to be located. Said notice shall be mailed within five days of the date of the application for a building moving permit. When the notice has been properly addressed and deposited in the mail, failure to receive a notice shall not invalidate subsequent actions. Both notices shall state that a building or structure is proposed to be relocated upon the property and that a hearing on said relocation shall be held before the unified government board of commissioners on a specified date within 30 days of the date of the submission of the application for the moving permit.

(d)

Every such application shall be accompanied by the written consent of the building official to the placing of the building upon the lot proposed. Before granting the consent, the building official shall require the deposit of $2,500.00 cash or certified check with the unified government director of revenue. This deposit is to guarantee the placing of the house on the foundation or the basement within 60 days after the moving permit is issued and compliance with this article.

(e)

If, upon certification by the building official, the house has been placed on a finished foundation or basement and all moving equipment, timbers, cribbing and debris have been removed within 60 days after the moving permit is issued, the unified government shall return the $2,500.00 after presentation and audit of a short form claim in that amount signed by applicant. Upon certification by the building inspector that, at the expiration of 60 days from issuance of the moving permit, the building has not been placed on a finished foundation or basement, that all moving equipment, timbers, cribbing or debris have not been removed, or that other provisions of this article have not been complied with, the deposit shall be forfeited; provided, however, that the house mover shall be given five days' written notice, by certified mail, to appear before the unified government board of commissioners to show cause why the deposit should not be forfeited.

(Code 1964, § 7-82; Code 1988, § 8-551; Ord. No. 44526, § 1, 8-6-1964; Ord. No. 45719, § 1, 6-23-1966; Ord. No. 46050, § 1, 1-2-1967; Ord. No. 46990, § 1, 4-2-1968; Ord. No. 48672, § 1, 4-16-1970; Ord. No. 66002, § 2, 3-30-1995)