Ordinance No. 90-18 CITY OF TIGARD, ORFGON
ORDINANCE NO. 90-t
AN ORDINANCE AMENDING TITLE 10 OF THE TIGARD MU141CIPAL COBE ADOPTING RULES FOR
THE MOVING OF OVERSIZE LOADS.
WHEREAS, Tigard Municipal Code Title 10, "Vehicles and Traffic", provides
regulations for the use of City streets;
WHEREAS, Tigard Municipal Code Title 10 is in certain respects, incomplete
with regard to moving of oversize loads upon and across city streets;
WHEREAS, the City Council desires to provide regulations for the moving of
oversize loads;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. The attached Exhibit "A" Chapter 10.50, is adapted and made part of
the Tigard Municipal Code Title 10.
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Section 2. This ordinance shall be effective 30 days after its passage by the
Council, approval by the Mayor, and posting by the City Recorder.
PASSED: By UQ r1_1'! IW016vote of all Council members present after being read
by number and title only, this /5 day of {}�lL , 1990.
CatFiy Whe tley, fit-City Reca dem
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APPROVER: Thi®-�)/5� day of r C141---,1990
Ge ald R. 'Edwards, Hayar
Approved as to form:
Bate r-City Attorney
ORDINANCE NO. 4
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Exhibit "A" Chanter 10.50
MOVING OF OVERSIZE LOADS
Sections.
10.50.010 Title
10.50.020 Definitions
10.50.030 Permit Required
10.50.040 Permit Application - Fee
10.50.050 Permit for Moving or Relocating a Building Onto a Lot
10.50.060 Protection of Public or Private Property and Utilities
10.50.070 Certificate of Insurance
10.50.080 Permit Issuance Conditions
10.50.090 Permit Contents
10.50.100 Permit Revocation
10.50.110 Liability
10.50.120 Protection of Streets and Property
10.50.130 Project to Continue Uninterrupted
10.50.140 Cleanup
10.50.150 State Highwi.,y/County Road Use
10.50.160 Moving Overcize Loads on Same Property
10.50.170 Violation- Penalty
10.50.010 Title
A. This chapter shall be known a the "moving of overaize loads ordinance"
and may also be referred to herein as "this chapter."
10.50.020 Definitions
A. For the purposes of this chapter, the following mean.
1. Building. "Building" means any structure used or intended for
sheltering any use or occupancy;
2. Building Official. "Building Official" means the designee or
designees appointed by the Director of Community Development who
is responsible for the building inspections and enforcement of
the building code;
3. City Engineer. "City Engineer" means the City Engineer or the
City Engineer's designee;
4. Street. "Street" means any highway, road, street or alley as
defined in ORS 487.005 (1) and (8);
5. Structure. "Structure" means that which is built or constructed,
an edifice or building of any kind, or piece of work artificially
built up or composed of parts joined together in some definite
manner;
i 6. Chief of Police. "Chief of Police" means the designee appointed
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by the City Administrator who is responsible for the
PROPOSE" REVISIONS TO CHAPTER 10.50 Page 1
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administration of the Police Department and may also be referred
to herein as "chief"1
7. Oversize Load. "Oversize load" shall mean any building,
structure, or commodity which is to be moved along any city
street upon a flatbed truck, trailer, dollies, or similar
vehicles, which has a loaded width exceeding 8 feet, and/or a
loaded ler:;,#h exceeding 50 feet total, and/or a loaded height
exceeding 14 feet pursuant to ORS 818.0801
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10.50 030 Permit RegMired
A. No person shall move an oversize load across or along a street without
first applying for and obtaining a permit under this chapter.
B. No person shall move an oversize load across or along a street in
violation of a provision of this chapter or of the provisions of the
permit issued under this chapter.
10.50 040 Permit A22!Acation -_Fee
A. Application for a permit to move an oversize load shall be made to the
Building Official on forms provided by the Building Official and shall
include the following information:
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1. The name and address of a person who owns the oversize load;
2. The name and address of a person engaged to move the oversize
load;'
3. The location from which the oversize load is proposed to be
moved;
4. The proposed new site of the oversize load and its zoning
classification; (if in the city)
S. The proposed route for moving the oversize load;
6. The dimensions, type of construction and approximate age of the
oversize load;
7. - The use or purpose for which the oversize load was designed;
8. The use or purpose to be mado of the oversize load at its new
location; (if in the city)
9. The proposed moving date and hours of moving;
10. Any additional information the Building Official considers
necessary for a fair determination of whether the permit should
be issued.
PROPOSED REVISIONS TO CHAPTER 10.50 Page 2
B.. In situation,, where the city's design review standards apply, the
applicant shall also make application and submit all necessary
information for design review approval.
C. An application shall be signed by the owner of the oversize load to be
moved or by the person engaged to move the building.
D. A fee of $10 shall be paid prior to the issuance of a permit. Should
It be necessary for the City to provide any assistance in the moving
of an oversize load, the applicant shall pay an amount equal to the
cost of labor and/or materials, or any other cost incurred by the
City. These fees, pursuant to this section may be amended by the city
council by resolution.
10.50.050 Permit for Moving or Relocation of Buildincs - Fee
A. The movement or relocation of any building or structure (which would
otherwise require the issuance of a building permit), within or into
the City, to be placed on a lot within the City, shall in addition to
the provisions of this chapter, comply with Chapter 14.20.
10.50.060 Protection of Public and Priiate Property and Utilities
A. The issuance of an oversize load permit is not an approval to remove,
alter, interfere, or endanger any public or private property, or
utility without first having obtained in writina, the permission of
the property owner(s), utility, or public entity to do so.
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B. The applicant shall have made arrangements to the satisfaction of the
owner(s), utility, or public entity for protecting the installations
or property, paying for whatever damage the moving causes them, and
for reimbursing the owner(s), utility, or public entity for any costs
of removal and reinstallation of the property that the move
necessitates.
10.50.070 Certificate of Insurance
A. A permit shall not be issued until the applicant furnishes proof of
liability insurance with a surety company authorized to do business in
this state, for the purpose of moving oversize loads, in an amount and
form approved by the Building Official.
10.50.080 Permit Issuance Conditions
A. The Building Official shall issue the permit subject to any necessary
conditions if:
1. The application complies with the requirements of this chapter;
2. The moving can be accomplished without damage to property or, ir
case of damage to the property, it is consented to by the owner
of the property or is to be paid for to the owner's satisfaction;
PROPOSED REVISIONS TO CHAPTER 10.50 Page 3
3. The building at its new site, if within the city, will conform to
the requirements of the Community Development Code;
4. All requirements of the building code ordinance (Chapter 14.04)
have been conplied with;
5. The applicant shall be responsible for notifying the Police
Department, Fire Department, and all other affected agencies not
less than that required by the agency, but not less than 48 hours
prior to commencement of the move.
6. No move shall take place during the periods of lam-gam, or 4pm-
6pm, without approval of the Chief of Police,
10.50.090 Permit Contents
A. The permit shall specify:
1. The route for moving the oversize load;
2. The dates and timers within which the moving is to be completed;
and
3. Whatever additional conditions the Building Official considers
necessary to satisfy ordinance requirements, to minimize the
obstruction of traffic to protect property, and to protect the
public safety and welfare.
10.50.100 Permit Revocation
A. The Building Official may refuse to issue a permit or may revoke a
permit issued under this chapter if:
1. The permittee violates or cannot meet a requirement of the permit
or a section of this chapter; or
2. Grounds, such as a misstatement of fact exist for revocation,
suspension, or refusal to issue the permit.
10.50.110 Liability
A. The permit shall not constitute an authorization for damaging
property. The permit shall not constitute a defense against any
liability the permittee incurs for personal injury or property damage
caused by the moving.
10.50.120 Protection of Streets and ProDerty
A. Equipment used to move oversize loads along or across the public
streets of the City shall be equipped with pneumatic tires, which
shall be the only part of the equipment to come in contact with the
surfaces of the streets, except planking as required by the City
Engineer. The City Engineer may require the permittee to proceed on
planking of specified dimensions when the City Engineer considers the
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planking necessary to prevent damage to a public street or other
property.
10.150.130 Project to Continue Uninterrurted
A. Once an oversize load has been moved onto a public street under a
permit authorized by this chapter, the person moving the oversize load
shall continue with the moving project without interruption until it
is completed, except as the permit for the moving of the oversize load
specifically allowo to the contrary.
10.50.140 Cleanup
A. A person moving an oversize load under a permit authorized by this
chapter shall promptly remove from the public streets and private
property all litter produced by the moving.
10.50..150 State Highway®GOunty road Use
A. The Building Official may waive any of the requirements of this
chapter regarding oversize loads to be moved through the City upon a f
county road or state highway from and to points outside the City
limits if:
1. Movement will be made pursuant to a permit issued by the
appropriate state agency;
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2. Notice of the proposed movement and a copy of the permit is
submitted to the Building official before the movement; and 1
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3. The Building Official is satisfied that adequate precautions have
been taken to protect the public safety and welfare.
10.50.160 Moving Oversize Loads on Same Prot3erty
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A. Subsection 10.50.030 shall not apply when an oversize load is moved on
the same or private property, or along a private street not controlled '
or maintained by the City, except that Section 10.50.050 shall apply
in all cases.
10.50.170 Violation -_Penalty '
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A. Violation of this chapter (except for Section 10.50.050) shall
constitute a Class 1 infraction and shall be processed in accordance
with the Civil Infractions Ordinance, codified in chapter 1.16 of
this code.
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