Ordinance No. 01-18 Attachment 1
CITY OF TIGARD,OREGON
ORDINANCE NO.Oi-A6—
AN ORDINANCE AMENDING CHAPTER 14.20 MOVING OF BUILDINGS
WHEREAS, THE DEFINITIONS IN CHAPTER 14.20 MOVING OF BUILDINGS WERE
INCONSISTENT WITH CHAPTER 10.50 MOVING OF OVERSIZE LOADS;AND
WHEREAS,THE LACK OF CONSISTENCY PROVED TO BE DETRIMENTAL TO ENFORCEMENT
OF THIS CHAPTER,
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: SECTION 14.20.020 OF THE TIGARD MUNICIPAL CODE SHALL BE AMENDED
AS SHOWN IN"EXHIBIT A".
SECTION 2 : This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor,and posting by the City Recorder.
PASSED`. Bye arl!" O vote of all Council members present after being read by number and
title only,this CM day of 0M _,2001.
C&4 Q:�J--g 0
Catherine Wheatley,City Reco er
APPROVED: By Tigard City Council this day of_ nrytbr10iL ,2001.
aures E. ri yor
Approved as to form:
Attorney
D
Date
ORDINANCE No. Ol-
Page 1
EXHIBIT A
TIGARD MUNICIPAL CODE
Strikeouts are deleted language and bold underline is
new language.
(3) City Engineer. "City engineer"
Chapter 14.20 MOVING OF BUILDINGS means the city engineer or the city engineer's
designee responsible for enforcing this chapter.
Sections:
(4) Oversize Load. "Oversize
14.20.010 Title. load" means any building, structure or
14.20.020 Definitions. commodity which is to be moved along any city
14.20.030 Permit required. street upon a flatbed truck, trailer, dollies or
14.20.040 Permit application--Fee. similar vehicles, which has a loaded width
14.20.050 Plans required for permit. exceeding eight feet and/or a loaded length
14.20.060 Protection of public and private exceeding fifty feet total,and/or a loaded height
property and utilities. exceeding fourteen feet pursuant to ORS
14.20.070 Performance assurance. 818.080.(Ord.90-18 41(part),1990)
14.20.080 Permit issuance conditions.
14.20.090 Permit revocation. (5) Street. "Street" means any
14.20.100 Liability. highway, road, street, or alley as defined in ORS
14.20.110 Cleanup. 487.005(1)and.(8).(Ord.90-17 §I(part), 1990)
14.20.120 Violation--Penalty.
(6) Structure. "Structure" means
14.20.010 Title. that which is built or constructed,an edifice or
building of any kind. or piece of work
This chapter shall be known as the artificially built up or composed of parts joined
"moving of buildings ordinance" and may also be together in some definite manner.
referred to herein as "this chapter." (Ord. 90-17
§I(part), 1990) 14.20.030 Permit required.
14.20.020 Definitions. (a) No person shall move any
building within or into the city, to be placed on a
For the purposes of this chapter, the lot, without first applying for and obtaining a
following mean: permit under this chapter.
(1) Building. "Building" means a (b) No person shall move a building
width,building theA emeeeds eight feet in OF HS across or along a public street or way without first
4oa&d for- fnere than obtaining a permit to move an oversize load as
fetiFteen feet3F eyeeeds fifty regulated in Chapter 10.50. (Ord. 90-17 §1(part),
a-
feet in leng4h-j3,Ug:Q"QAt tA QRS
. any 1990)
structure used or intended for sheltering any
use or occupancy. 14.20.040 Permit application--Fee.
(2) Building Official. "Building (a) Application for a permit to move
official" means the designee or designees a building on or onto a lot shall be made to the
appointed by the director of community building official on forms provided by the
development who is responsible for the building building official and shall include the following
inspections and enforcement of the building code. information:
14-20-1 Reformatted 1994
1
TIGARD MUNICIPAL CODE
the permit. (Ord.90-17 §I(part), 1990)
(1) The name and address of
a person who owns the building; 14.20,050 Plans required for permit.
(2) The name and address of A minimum of two sets of plans shall be
a person engaged to move the building; submitted with each application for a building
permit. The plans shall be drawn to scale and
(3) The location from which shall indicate the location,nature and extent of the
the building is proposed to be moved; work proposed and show in detail that it will
conform to the provisions of the building code and
(4) The proposed new site of other relevant laws, ordinances and regulations.
the building and its zoning classification; (Ord.90-17§I(part), 1990)
(5) The dimensions, type of 14.20.060 Protection of public and private
construction,and approximate age of the building; property and utilities.
(6) The use or purpose for (a) The issuance of a permit to move
which the building was designed; a building is not an approval to remove, alter,
interfere, or endanger any public or private
(7) The use or purpose to be property or utility without first having obtained in
made of the building at its new location; writing, the permission of the property owner(s),
(8) The proposed moving utility or public entity to do so.
date and hours of moving;
(b) The applicant shall have made
(9) Any additional arrangements to the satisfaction of the owner(s),
information the building official considers utility or public entity for protecting the
necessary for a fair determination of whether the installations or property, paying for whatever
permit should be issued. damage the moving causes them, and for
reimbursing the owner(s), utility or public entity
(b) In situations where the city's for any costs of removal and reinstallation of the
design review standards apply, the applicant shall property that the move necessitates. (Ord. 90-17
also make application and submit all necessary §I(part), 1990)
information for design review approval.
14.20.070 Performance assurance.
(c) An application shall be signed by
the owner of the building to be moved or by the (a) Performance assurance shall be
person engaged to move the building. furnished to the city in the form of a bond
executed by the applicant with a surety company
(d) The permit shall not be issued authorized to do business in this state and
until the applicant pays a permit fee to defray the approved as to form and amount by the building
costs of issuing the permit. The amount of the fee official, or a cash deposit with the city in an
shall be set pursuant to the state building code fee amount approved by the building official. The
schedule. performance assurance shall guarantee that the
applicant shall, within three months after the
(e) All other applicable development building has been moved onto the property, have
fees and charges shall be paid prior to issuance of it placed and anchored on a permanent foundation
14-20-2 Reformatted 1994
TIGARD MUNICIPAL CODE
system, and within six months of moving the development code;
building onto the property, have all construction
on the building completed and ready for (4) All requirements of the building
occupancy in accordance with building and code ordinance(Chapter 14.04 of this code) have
zoning regulations, been complied with.(Ord.90-17§I(part), 1990)
(b) Failure to comply with subsection 14.20.090 Permit revocation.
(a) of this section will result in forfeiture of the
bond or cash deposit, and the city will use the The building official may refuse to issue a
funds to complete whatever work is necessary to permit or may revoke a permit issued under this
bring the building into conformance with chapter if-
applicable
fapplicable codes. Should there be insufficient
funds to complete the work necessary,to bring the (1) The permittee violates or cannot
building into conformance with applicable codes, meet a requirement of the permit or a section of
and the building official determines the building is this chapter;or
a dangerous building as d-scribed in Chapter
14.16, the building official may choose to (2) Grounds, such as a misstatement
demolish the building to abate the violation. of fact exist for revocation, suspension or refusal
to issue the permit.(Ord.90-17§1(part), 1990)
(c) The building official may extend
the completion date up to an additional six 14.20.100 Liability.
months, where the applicant has requested an
extension in writing, and the building official The permit shall not constitute an
determines there is due cause for granting the authorization for damaging property. The permit
request,and no hazard exists. shall not constitute a defense against any liability
the permittee incurs for personal injury or
(d) No building shall be moved on or property damage caused by the moving. (Ord. 90-
onto a lot in the city for the purpose of storage of 17§1(part), 1990)
the building.(Ord.90-17§1(part), 1990)
14.20.110 Cleanup.
14.20.080 Permit issuance conditions.
A person .moving a building under a
The building official shall issue the permit permit authorized by this chapter shall promptly
subject to an necessary sa conditions if: remove from the public streets and private
J y
property all litter produced by the moving. (Ord.
(1) The application complies with the 90-17 §1(part), 1990)
requirements of this chapter;
14.20.120 Violation--Penalty.
(2) The moving can be accomplished
without damage to property, or in case of damage Violation of this chapter shall constitute a
to the property, it is consented to by the owner of Class I civil infraction and shall be processed in
the property or is to be paid for to the owner's accordance with the civil infractions ordinance,
satisfaction; codified in Chapter 1.16 of this code. (Ord.90-17
§I(per), 1990)
(3) The building at its new site, will
conform to the requirements of the community
14-20-3 Reformatted 1994