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HomeMy WebLinkAbout3015ORDINANCE NO. 3015 AN ORDINANCE of the City of Port Angeles, Washington, regulating the moving of buildings, repealing Ordinance 1766 as amended, and codifying this Ordinance as Chapter 14.32 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1: Ordinance 1766 as amended is hereby repealed. Section 2: Chapter 14.32 of the Port Angeles Municipal Code shall be replaced with the following: Sections: CHAPTER 14.32 BUILDING MOVING 14.32.010 Purpose and Scope 14.32.020 Definitions 14.32.030 Building Moving Permit 14.32.040 Application 14.32.050 Qualifications 14.32.060 Fees 14.32.070 Deposit, Bond, and Insurance 14.32.080 Permit Issuance 14.32.090 Performance Requirements 14.32.100 Owner's Responsibilities 14.32.110 Appeal 14.32.120 Violations 14.32,010 - Purpose and Scope. It is the purpose of this Chapter to establish standards, including minimum requirements for the moving of all buildings and other structures within the corporate limits of the City, and to provide for the issuance of a permit, collection of various fees, and inspection services for all such movements. Regulation of building moves is necessary to ensure that the City receives notice of buildings being moved in the City so that utility services and 1 traffic disruptions can be dealt with safely and possible damage to City and /or private property is protected through adequate bonding and/or insurance. 14.32.020 - Definitions. For the purpose of this Chapter, the following terms, phrases, and words shall have the meanings given in this section: A. "Applicant" is the person who applies for a permit to move a building pursuant to this Chapter. B. "Building" is any structure wider than eight feet six inches (8' 6 ") or taller than fourteen feet six inches (14' 6 "). Height shall be deemed to include the vehicle or dolly system being used to move the structure. C. "Building Official" is the Building Official of the City of Port Angeles or his /her designee. D. "Owner" is the person who owns the building being moved. E. "Permittee" is the person who applies for and receives a permit to move a building pursuant to this Chapter. F. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. 14.32.030 - Building Moving Permit. A. No person shall move any building over, along, or across any highway, street, or alley in the City without first obtaining a building moving permit from the Building Official. B. The permit required in this section and the other requirements of this Chapter shall be in addition to all existing permits and requirements of the construction codes and ordinances of the City. 2 C. Any structure specifically licensed or permitted by the State of Washington or the United States Department of Housing and Urban Development (HUD) for travel on streets and highways is exempt from this Chapter. 14.32.040 - Application. A. An applicant seeking issuance of a building moving permit under this Chapter shall file an application for such permit with, and upon forms provided by, the Building Official. B. The application shall set forth and include the following: 1. A description of the building proposed to be moved, giving street number of existing and proposed site locations and the dimensions; 2. The highways, streets, alleys, and lots over, along, or across which the building is proposed to be moved; 3. Proposed moving date and hours; 4. All information describing the applicant's qualifications as required in PAMC 14.32.050; 5. The fee required in PAMC 14.32.060; 6. A statement that the applicant specifically agrees to indemnify and hold harmless the City of Port Angeles, its officials, employees, and agents, against any loss, damage, cost, and /or expense (including attorneys fees reasonably incurred), which may in any way occur against the City in consequence of granting the building moving permit to the applicant; 7. Any additional information which the Building Official finds necessary in order to make a fair determination of whether a permit should be issued. C. The application shall be accompanied by any other required applications, permits, or approvals. 14.32.050 - Qualifications. In order for a building moving permit to be issued by the Building Official, the applicant must meet the following qualifications: 3 A. Hold valid current registration under the State Contractors Registration Act either as a general or specialty contractor authorized to engage in the building moving business; B. Demonstrate the ability to perform the task of moving buildings in a workmanlike manner by presenting evidence of experience and appropriate equipment. 14.32.060 - Fees. A. A building moving application shall be accompanied by a building moving permit fee. Said fee is for the building move only and shall be in addition to all other fees for construction or relocation of the building on the new site. B. The building moving permit fee shall be established by ordinance of the City Council as set forth in Chapter 3.70.110C PAMC and shall be in the amount necessary to compensate the City for the expense of reviewing and processing plans, conducting inspections, and other services determined to be necessary for the administration and enforcement of the provisions of this Chapter. C. The building moving permit fee shall be non - refundable. 14.32.070 - Deposit, Bond. and Insurance. A. Prior to permit issuance, the applicant shall submit the following: 1. A deposit to the City equal to 150% of the amount estimated by the Building Official to compensate the City for its expenses that will be incurred in removing and replacing any City property, the removal and replacement of which will be required by reason of the moving of the building through the City. 2. A surety bond, or cash or other security in lieu of said bond, in a form acceptable to the City Attorney, posted with the City in the sum of $5,000 to guarantee performance of the moving operation and placement of the building in accordance with the plans submitted for the moving of said building and to cure or pay for any damages caused to public or private facilities as part of the movement of the building along City streets. 3. A certificate of insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work associated 4 with the building move by the applicant, its agents, representatives, employees, or subcontractors. Said policy shall be issued by a responsible insurance company authorized to do business under the laws of the State of Washington. Said policy shall insure the permittee, shall name the City of Port Angeles as an additional insured, and shall insure to the benefit of any and all persons suffering loss or damage either to person or property by reason of any operations of the permittee. Said policy shall insure against loss from the liability imposed by law for injury to, or death of any person, and damage to property, in the amount or limit of $1,000,000 per occurrence. B. In addition to the deposit, bond or other security, and insurance provided pursuant to this section, the permittee shall also be liable for any expense, damages, or costs in excess of deposited amounts, securities, or insurance, and the City may prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts. C. When the moving of the building is completed, any damage has been repaired to the satisfaction of the City, and all damage costs or costs of performing the work as required in this Chapter have been paid, the unused amount of the deposit shall be refunded, and the remaining bond, cash, or other security shall be released. 14.32.080 - Permit Issuance. A. The standards for issuance of a building moving permit shall be as follows: 1. All fees, including deposit, insurance, permits and application requirements as set forth in this Chapter have been complied with; 2. The building is not too large to move without endangering persons or property, or causing unacceptable damage to trees, plants, and shrubs, in the City; 3. The building is not in a state of deterioration or disrepair and is not otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City; 4. The applicant's equipment is licensed for operation on state highways; 5. There are no other reasons that persons or property in the City would be endangered by moving the building; 5 6. The City Engineer and Chief of Police, or their designees, have approved the route selected by the applicant for moving the building and have specified whatever conditions to the building moving permit may be necessary to protect persons and property in the City and minimize congestion and traffic hazards on public streets and alleys; 7. The zoning and other ordinances of the City would not be violated by moving the building or placing it in its new location; 8. The owner has demonstrated that all City assessments and any other City charges against the property or the property owner have been removed, paid in full, or otherwise discharged to the satisfaction of the City; 9. The applicant has demonstrated that all necessary utility arrangements have been made; 10. The owner has acquired a demolition permit and paid the necessary fees to cap the sewer and water lines and remove the electrical service. B. Prior to permit issuance, the Building Official shall inspect the building, whether located inside or outside the City limits, and the applicant's equipment, and shall determine whether or not the standards for issuance of a permit and all other requirements of this Chapter have been met. C. The Building Official shall have sole discretion to issue, condition, or deny a building moving permit in accordance with this Chapter and may, at any time, for sufficient cause, revoke or suspend any permit previously issued. D. By issuing a building moving permit, neither the City, the Building Official or any other official or employee of the City shall be deemed to have warranted that all public health safety, cultural, and welfare concerns have been addressed or shall be held responsible for any damage or injury that may occur during, or as a result of, the moving of the building. 14.32.090 - Performance Requirements. Every permittee under this Chapter shall: A. Move a building only over streets designated and approved for such use in the approved permit and conduct such move using due diligence and to the satisfaction of the City 6 Engineer and Chief of Police; B. Notify the Building Official within 24 hours of a desired change in moving date and hours as proposed in the application and not proceed until the Building Official has approved the new date and time; C. Notify the City Engineer and Chief of Police not less than 24 hours before the actual work of moving the building is to commence; D. Make necessary arrangements with any public utility, the City or other entity, whichever is the owner, for displacing or changing the location of any pole, wire, cable, or other equipment or structure that may be necessary in order to move the building, and for paying the costs thereof; Make necessary arrangements acceptable to any owner of trees, plants, and shrubs for trimming, moving, removing, or replanting them as may be necessary in order to move the building, and for paying the costs thereof; F. Notify the Building Official in writing of any and all damage done to property belonging to the City within the next business day after the damage has occurred; G. Protect the building during nighttime using flashing lights and warning barricades as necessary to warn and protect the public; H. Comply with the City's construction codes and all other applicable City ordinances; I. Pay the expense of a traffic officer if required by the Chief of Police to accompany the movement of the building to protect the public; J. Insure that the building move is completed in accordance with the requirements of this Ordinance and that the building or any part thereof is not left standing or abandoned while -7- the same is in or upon any part of any highway, street, or alley; provided that if the permittee does not comply with the requirements of this Ordinance, the City may proceed to do the work necessary to achieve compliance, and the cost thereof shall be charged against the surety bond, cash or other security provided pursuant to this Chapter. 14.32.100 - Owner's Responsibilities. The applicant shall notify the owner of, and the owner shall be responsible for, the following requirements: A. Prior to the move, make arrangements to ensure that the sewer is capped, the water supply is shut off, the electrical supply is terminated, and any other utility services have been properly provided for, in conformance with the requirements of the affected utility departments or companies. B. After the move, ensure that the following work has been completed so that the premises from which the building has been moved are left in a safe and sanitary condition: 1. All rubbish and materials have been removed; 2. Any openings, excavations, or basements remaining on the property have been filled to street level or the level of the adjoining property, unless otherwise directed by the Building Official; 3. Any septic tanks or cesspools on the property have been properly filled or otherwise secured as required by the State and County health regulations; 4. Any underground storage tanks have been properly secured as required by State regulations. 14.32.110 - Appeal. Any person aggrieved by the action of the Building Official in conditioning or refusing to issue a permit under this Chapter shall have the right to appeal such action to the Director of Public Works by filing a notice of appeal with the Building Official within ten calendar days of receiving notice of the action from which appeal is taken. 8 14.32.120 - Violations. Any person violating any of the provisions of this Chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or allowed. Each such violation shall be punishable in the same manner as violations of the construction codes of the City as set forth in Chapter 14.01 PAMC. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of March , 1999. ATTEST: Carol A. Hagar, Deputy PUBLISHED: March 21, 1999 By Summary 95.29 2/18/99 M 0)YOR 1 APPROVED AS TO FORM: Craig D. tson, City Attorney 9 Summaries of Ordinances Adopted by the Port Angeles City Council on March 16. 1999 Ordinance No. 3013 This Ordinance of the City of Port Angeles amends the Zoning Code to allow public housing authority offices and maintenance facilities in the RS -7, Residential Single Family zone by conditional use permit, and amends Ordinance No. 1709, as amended, and Chapter 17.10 of the Port Angeles Municipal Code. Ordinance No. 3014 This Ordinance of the City of Port Angeles revises the nuisance and junk vehicle enforcement procedures, and amends Ordinance Nos. 2469 and 2698, as amended, and Chapters 8.04 and 8.05 of the Port Angeles Municipal Code. Ordinance No. 3015 This Ordinance of the City of Port Angeles regulates the moving of buildings, repeals Ordinance 1766, as amended, and replaces Chapter 14.32 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise stated, these Ordinances shall take effect five days after the date of publication of these summaries. Becky J. Upton City Clerk Publish: March 21. 1999 r..f