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1972-050AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGULATING THE MOVING OF BUILDINGS OVER, ALONG OR ACROSS HIGHWAYS, STREETS AND ALLEYS IN SAID CITY, PROVIDING FOR PROTECTION OF THE CITY FROM DAMAGES ARISING OUT OF SUCH OPERATIONS, AUTHORIZ- ING THE CITY BUILDING INSPECTOR TO ISSUE PERMITS, PROVIDING FOR EN- FORCEMENT, AND PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PRO- VISIONS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding new Sections 5-16 through 5-24 to said Code of Ordinances which shall hereafter read as follows Section 5-16 Definitions For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein (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, commercial, in- dustrial, institutional, assembly, educational or recreational pur- poses Buildings not exceeding twelve (12) feet in width, sixty (60) feet in length, and thirteen feet six inches (13'6") in height above the street level are exempted from this definition and terms of this Ordinance (2) "Building Inspector" is the Building Inspector of the City of Denton, Texas (3) "City" is the City of Denton, Texas (4) "Person" is any person, firm, partnerhsip, association, cor- poration, company or organization of any kind Section 5-1~ Permit Required No person shall move any building or portion thereof over, along or across any highway, street or alley in the City without first ob- taining a permit from the Building Inspector, no moving shall be per- mitted between the hours of 7 00 a m and9 00 a m or 4 00 p m and 6 00 p m Section 5-18 General Requirements No application for any permit to move buildings or other over- sized loads will be accepted until the applicant shall have the following on file with the Building Inspector (a) A bond, approved as to form by the City Attorney, exe- cuted by a bonding or surety company authorized to do business in the State of Texas in the amount of Five Thousand ($5,000 00) Dollars, conditioned upon the assurance that this and other appli- cable Ordinances and laws will be complied with Such bond shall run to the City and shall be conditioned on payment for any ex- pense or damage to public property, and payment of any expenses, damages or losses resulting from any malfeasons, misfeasons, non- feasons, or negligence in connection with any of the activities up- on which a house moving permit applied for is granted (b) In addition to the foregoing requirement for a bond, a liability insurance policy in full force and effect shall be re- quired in the minimum sum of Fifty Thousand ($50,000 00) Dollars for injury or death of one (1) person or One Hundred ($100,000 00) Dollars for injury or death to more than one (1) person from any one accident and the minimum sum of Twenty-Five Thousand ($25,000 00) Dollars for property damage for any one accident and such policy shall contain a provision obligating the insurer to give written notice of cancellation not less than ten (10) days prior to the date of such cancellation to the Building Inspector Section 5-19 Application A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector (1) Form The application shall be made in writing upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector (2) Contents The application shall set forth (a) A description of the building proposed to be moved, giving street number, construction materials, dimen- sions, number of rooms and condition of exterior -2- and interior maximum height of building above ground level when mounted on moving apparatus, (b) A legal description of the lot from which the build- ing is to be moved, giving the lot, block, tract number, and street address, if located in the City, (¢) A legal description of the lot to which it is pro- posed to move such building, giving lot, block, tract number, and street address, if located in the City or if outside the City the destination, (d) The portion of the lot to be occupied by the build- ing 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 whi,ch the Building Inspec- tor shall find necessary to/~a~ir determination of whether a permit should be issued (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 encumbrances and that all taxes and any City charges against the same have been paid in full (b) Certificate of Ownership or Entitlement The appli- cant, 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 the building (c) Texas Highway Department Permit The applicant shall file with the application a Texas Highway Department Permit for moving oversized load if any part of the proposed route is along a designated U S or State numbered highway route (4) Fee The application shall be accompanied by a permit fee in the amount of one and one-fourth cents per square foot for each square foot of floor space in the building to be moved, or Fifteen ($15 00) Dollars, whichever is greater Section 5-20 Deposits for Expense or Damage to City (1) Upon receipt of an application it shall be the duty of the Building Inspector to procure from the Utilities Department and other appropriate agencies a~ estimate of the expense that will be incurred in removing, replacing or altering any electric wires, street lamps, or pole lines belonging to the City or any other pro- perty of the City, the removal, replacement or alteration of which -3- will be required by reason of the moving of the building, together with the cost of materials necessary to be used in making such re- movals, replacements and/or alterations Thereafter, prior to issuance of the permit, the Building Inspector shall require of the applicant a deposit of a sum of money equal to three times the amount of the estimated expense, or Three Hundred ($300 00) Dollars, whichever sum is greater (2) Additionally, said deposit shall be used as an idemnity for any damage which the City may sustain by reason of damage or in- Jury to any highway, street or alley, sidewalk, fire hydrant, shade tree, traffic control device, utility line, or other property of the City, which may be caused by or be incidental to the moving of any building over, along or across any street of the City Section 5-21 Duties of Building Inspector (1) Inspection Prior to the issuance of the permit, the Building Inspector shall inspect the building and the applicant's equipment to determine compliance with the standards listed below (2) Standards for Issuance The Building Inspector shall re- fuse 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 en- dangering persons or property in the City, (c) That the building has deteriorated more than fifty per cent (50%) of its original value by fire or other ele- ment, or is otherwise so structurally unsafe that it cannot be moved without endangering persons or property in the City, (d) That the building is structurally unsafe or unfit for the purpose for which moved, if the proposed location is in the City, (e) That the applicant's equipment is unsafe, unlicensed, or otherwise not in conformity with the law, or that persons or property would be endangered by its use, (f) That any municipal ordinance or other law would be vio- lated by the building in its new location, (g) That for any other reason persons or property in the City would be endangered by the moving of the building -4- (3) Fees and Deposits (a) Deposit The Building Inspector shall deposit all fees and deposits with the Director of Finance All bonds and insurance policies shall be filed in the Building Inspector's Office (b) Return upon non issuance Upon his refusal to issue a permit the Building Inspector shall return to the applicant all deposits A processing fee of Fifteen ($15 00) Dollars will be charged to defray expenses of inspection Any permit fee in excess of Fifteen ($15 00) Dollars will be returned to the applicant (c) Return upon allowance for expense After the build- ing has been moved the Building Inspector shall fur- nish a written statement of all expenses incurred in removing and replacing all property belonging to the City, and of all material used in the moving and re- placement together with a statement of all damages inflicted upon property belonging to the City Pro- vided, however, that if any wires, ooles, lamps or other property are not located in conformity with governing ordinances or state law, the permittee shall not be liable for the cost of removing the same The Building Inspector shall return to the applicant all deposits after the Director of Finance deducts the sum sufficient to pay for all costs, expenses, and damages to the property of the City by the moving of the build- ing (4) The Building Inspector shall secure approval of the proposed route from the Utilities Department, Department of Public Works, the Division of Traffic Engineering and other utility service companies deemed advisable by him before issuing the moving permit Section 5-22 Duties of Permittee Every permittee under this ordinance shall (1) Use approved route Use designated streets and move the building only over the streets approved for such use in the written permit (2) Notify of revised moving time Notify the Building Inspec- tor in writing of a desired change in moving date and/or time as pro- posed in the application at least 24 hours before the new moving time (3) Notify of Damage Notify the Building Inspector in writing of any and all damage done to property belonging to the City within twenty-four 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 a manner as to warn the public of the obstruction Erect and maintain barricades across the streets in such manner as -5- to protect the public from damage or injury by the moving of the building (5) Street occupancy Remove the building from City streets after forty-eight hours of such occupancy, unless an extension is granted by the Building Inspector (6) Comply with Governing Law Comply with all applicable ordinances and laws upon relocating the building in the City (7) Provide for Escort Provide such escort as may be required by the Building Inspector to accompany the movement of the building to protect the public from injury (8) Clear the old premises Remove all concrete slabs, foun- dation remnants, rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a sanitary condition (9) Remove Service Connection Permittee shall notify all utility service companies to terminate and remove their services, and obtain from each utility service organization a release stat- ing that all service connections have been properly removed from the premises terminated Section 5-23 Enforcement (1) Enforcing Officers The Building Inspector, the Police Department, the Utilities Department, and the Department of Public Works shall enforce and carry out the requirements of this ordinance (2) Permittee liable for expense above deposit The permittee shall be liable for any expense, damages or costs in excess of de- posit amounts of securities, and the City Attorney shall prosecute an action against the permittee in a court of competent Jurisdiction for the recovery of such expenses, damages or costs (3) Original premises left unsafe Where permittee does not comply with leaving the original premises in a safe and sanitary condition, the City shall proceed to do the work, and the cost there- of shall be charged against the general deposit -6- Section 5-24 Penalties (1) Any person who shall violate a provision of this Code, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not less than ten ($10 00) dollars nor more than two hundred ($200 00) dollars Each such per- son shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the pro- visions of this code is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits provided above (2) The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting an appropriate action or proceeding to prevent an unlawful movement or relocation of a building within the terms of the ordinance stated above, or to restrain, correct or abate a violation of said ordinance, or pre- vent an illegal act, conduct, business or use in or about any pre- mises PART II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the re- maining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remain- ing portions despite any such invalidity PART III That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby di- rected to cause the caption of this ordinance to be published in the Denton Record-Chronicle within ten (10) days of the date of its passage -7- PASSED AND APPROVED this the 24th day of October, A D 1972 CITY OF DENTON, TEXAS ATTEST BF~O~A~ HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM CITY OF DENTON, TEXAS -8-