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Ordinance No. 90-17 CITY OF TIGARD, OREGON ORDINANCE No. go--L2- AN ORDINANCE REPEALING CERTAIN SECTIONS OF TITLE 14 OF THE TIGARD MUNICIPAL CODE AND REPLACING THEM BY ADOPTING RULES FOR THE MOVING OF BUILDINGS. WHE , Tigard Municipal Code '.Cine 14, "Buildings and Construction", provides regulations for the moving of buildings; WHEREAS, Tigard Municipal Code Title 14, is in certain respects incomplete and unduly burdensome; WHEREAS, the City Council desires to provide for the enforcement of it's ordinances regulating moving of buildings; THE CITY OF TIGARD ORDAINS AS FOLLOWS: !291ion 1. Title 14, Chapter 14.20 is repealed and replaced with the attached Exhibit "A". 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 t U)O IJ 1 t 10US vote of all Council members present after being read by number and title only, this 5:2/,4 day of d 1990. Cathy Wheatley, Depaty City Recor er 5� APPROVED: This�day of G'Cif" _.,19901 / �, c erald Edwards, Mayor Approved as to form: �} DaDa a ity Attorney ORDINANCE NO. �7 I Exllibj 4 Chanter 14.20 HOVING OF BUILDINGS S6ctions: 14.20.010 Title 14.20.020 Definitions 14.20.030 Permit Required 14.20.040 Permit Application -- Pee 14.20.050 Plans Required for Permit 14.20.060 Protection of Public or Private Property and Utilities 14.20.070 Performance Bond 14.20.080 Permit Issuance Conditions 14.20.090 Permit Revocation 14.20.100 Liability 14.20.110 Cleanup 14.20.120 Violation --- Penalty 14.20.010 Title A. This chapter shall be known as the "moving of buildings ordinance" and may also be referred to herein as "this chapter." (Ord. 86-53 S.6(Exhibit E S.1), 1986). 14.20.020 Definitions A. For the purposes of this chapter, the following mean: f 1. Building. "Building" means a building that exceeds 8 feet in width, or as loaded for moving, extends upward more than 14 feet from the ground, or exceeds 50 feet in length pursuant to ORS 818.080 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 responsible for enforcing this chapter; 4. Street. "Street" means any highway, road, street, or alley as defined in ORS 487.005(1) and (8). (Ord. 86-53 S.6(Exhibit E S.2), 1986). 14.20.030 Permit Required A. No person shall move any building within or into the city, to be placed on a lot, without first applying for and obtaining a permit under this chapter. B. No person shall move a building across or along a public street or way without first obtaining a permit to move an oversize load as regulated in Chapter 10.50, PROPOSED REVISION TO CHAPTER 14.20 Page 1 14.20.040 Permit Application--Fee ., A. Application for a permit to move a building on or onto a lot shall be made to the building official on forme provided by the building official and shall include the following information. 1. The name and address of a person who owns the building,- 2. uilding;2. The name and address of a person engaged to move the building, 3. The location from which the building is proposed to be moved; 4. The proposed new site of the building and its zoning classification; S. The dimensions, type of construction, and approximate age of the building; 6. The use or purpose for which the building was designed; 7. The use or purpose to be made of thea building at its new location; 8. The proposed moving date and hours of moving; 9. Any additional information the building official considers necessary for a fair determination of whether the permit should be issued. B. In situations 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 chall be signed by the owner of the building to be moved or by the person engaged to move the building. D. The permit shall not be issued until the applicant pays a permit fee to defray the costs of issuing the permit. The amount of the fee shall be set pursuant to the State Building Code fee schedule. (ord. 86-53 S.6(Exhibit E S.4), 1986). E. All other applicable development fees and charges shall be.. paid prior to issuance of the permit. 14.20.050 Plans Requiredfor Permit A. A minimum of two sets of plans shall be submitted with each application for a building permit. The plans shall be drawn to scale and shall indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provision of the building code and other relevant laws, ordinances, and regulations. PROPOSED REVISION To CHAPTER 14.20 Page 2 14.20.060 Protection of Public and Private Property and Utilities A. The issuance of a permit to move a building is not an approval to remove, alter, interfere, or endanger any public or private property or utility without first having obtained in writing, the permission of the property owner(s), utility, or public entity to do so. 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. 14.20.070 Performance .Assurance A. Performance assurance shall be furnished to the City in the form of a bond executed by the applicant with a surety company authorized to do business in this State and approved as to form and amount by the building official, or a cash deposit with the City in an amount approved by the building official. The performance assurance shall guarantee that the applicant shall: 1. Within three months after the building has been moved onto the property, have it placed and anchored on a permanent foundation system, and within six months of moving the building onto the property, have all construction on the building completed and ready for occupancy in accordance with building and zoning regulations. B. Failure to comply with subsection (A) of this section will result in forfeiture of the bond or cash deposit, and the City will use said funds to complete whateverwork is necessary to bring the building into conformance with applicable codes. Should there be insufficient funds to complete the work necessary, to bring the building into conformance with applicable codes, and the building official determines the building is a dangerous building as described in Chapter 14.16, the building official may choose to demolish the building to abate the violation. C. The building official may extend the completion date up to an additional six months, where the applicant has requested an extension in writing, and the building official determines there is due cause for granting the request, and no hazard exists. D. No building shall be moved on or onto a lot in the city for the purpose of storage of the building. 14.20.080 Permit Issuance Conditions A. The building official shall issue the permit subject to any necessary conditions if: ji l PROPOSED REVISION TO CHAPTER 14.20 Page 3 1. The application complies with the requirements of this chapter; .. 2. The moving can be accomplished without damage to property or, in 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; 3. The building at its new site, will conform to the requirements of the community development code; 4. All requirements of the building code ordinance (Chapter 14.04 of this code) have been complied with. (Ord. 86-53 3.6(Exhibit E S.8), 1986). 14.20.090 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 th3 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. 14.20.100 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. (Ord. 86-.53 S.6(Exhibit E 5.10), 1986). 14.20.110 Cleanup A. A person moving a building under a permit authorized by this chapter shall promptly remove from the public streets and private property all litter produced by the moving. (Ord. 86-53 S.6(Exhibit E 5.13), 1986). 14.20.120 Violation--Penalty A. Violation of this chapter shall constitute a Class I civil infraction and shall be processed in accordance with the civil infractions ordinance, codified in chapter 1.16 of this code. (Ord. 86-53 S.6(Exhibit E 5.16), 1986). brf9904D.WPF PROPOSED REVISION TO CHAPTER 14.20 Page 4 14.16.070 .� 14.16.070 Violation--Abatement--Pena!lt . (a) Abate- ment. A dangerous building may be abated in the manner provided by the civil infractions ordinance, codified in Chapter 1.16 of this code. (b) Penalty. (1) Each violation of a separate provision of this chapter shall constitute a separate Class 1 infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate Class 1 infraction. (2) A finding of a violation of this chapter and imposition of a civil penalty pursuant to the civil infractions ordinance (Chapter 1.16 of this code) shall not relieve the responsible party of the duty to abate the violation. A civil penalty imposed pursuant to this section is in addition to and not in lieu of any other remedies available to the city. y (3) If a provision of this chapter is -violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. (Ord. 86-53 55(Exhibit D 57) , 1986) 'f Chapter 14.20 MOVING OF BUILDINGS Sections; 14.20.010 Title. 14.20.020 Definitions. f 14.20.030 Permit required.. 14.20.040 Permit application--Fee. 14.20.050 Permit application--Distribution and inspections. 14.20.060 Utility installation protection. a 14.20.070 Performance bond. 14.20.080 Permit issuance conditions. 14.20.090 Permit contents. nr, 14.20.100 Permit revocation. 14.20.110 Liability,, 14.20.120 Protection of streets and property. 14.20.130 Project to continue uninterrupted. 14.20.140 Cleanup. 14.20.150 State highway use. 14.20.160 Violation--Penalty. a 180 (Tigard 11/15/86) W 14.20.010---14.20.040 14.20.010 Title. This r.hapter shall be known as the "moving of buildings ordinance" and may also be referred to herein as "this chapter." (Ord. 86-53 S6(Exhibit E g1) , 1986) 14.20.020 Definitions. For the purposes of this chapter, the following mean: (1) Building. "Building" means a building that ex- ceeds eight feet in width, or as loaded for moving, extends upward more than 13.5 feet from the ground. (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 responsible for enforcing this chapter. (4) Street. "Street" means any highway, road, street or alley as defined in ORS 487.005 (1) and (8) . (Ord. 86-53 56(Exhibit E §2) , 1986) 14.20.030 Permit required. (a) . No person shall move a building across or along a street without first applying for and obtaining a permit under this chapter. (b) leo person shall move a building across or along a street in violation of a provision of this chapter or of the provisions of the permit issued under this chapter. (Ord. 86-53 $6 (Exhibit E §3) , 1986) 14 20 040 Permit application--Fee. (a) Application for a permit to move a building shall be made to the building official on forms provided by the building official and shall include the following information: (1) The name and address of a person who owns the building; (2) The name and address of a person engaged to move the building; K (3) The location from which the building is proposed to be moved and its zoning classification: (4) The proposed new site of the building and its zoning classification; (5) The proposed route for moving the building; (6) The dimensions, type of construction and approximate age of the building; (7) The use or purpose for which the building was ts`. designed; (8) The use: or purpose to be made of the building at its new location; (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 issue. { 181 (Tigard 11/15/86) 14.20.050--14.20.070 (b) In situations where the city's design review standards apply, the applicant shall also make application and submit all necessay information for design review approval. (c) An application shall be signed by the owner of the building to be moved or by the person engaged to move the building. (d) The permit shall not be issued until the applicant pays a permit fee to defray the costs of issuing the permit. The amount of the fee shall be set pursuant to the State Building Code fee schedule. (Ord. 86-53 §6(Exhibit E §4) , 1986) 14.20.050 Permit application--Distribution and inspections. After receiving the application, the building official shall: (1) Inspect the building, the new site proposed for it, if it is to be relocated within the city, and the route proposed for moving it; . (2) Submit a copy of the application to the chief of police and city engineer and request the chief of police and city engineer to review the application for approval. (Ord. 86-53 §6(Exhibit E §5) , 1986) 14.20.060 Utility installation protection. The permit shall not be issued unless the applicant submits signed 1 statements from the owners of the overhead electric wires and poles and other overhead utility installations along the route on which the building is to be moved that: (1) The moving will not interfere with or endanger the installations; or (2) The applicant has made arrangements to the satisfaction of the owners for protecting the installations, paying for whatever damage the moving causes them, and for reimbursing the owners for any costs of removal and reinstallation of the installations that the moving necessitates. (Ord. 86-53 §6 (Exhibit E §6) , 1986) 14.20.070 Performance bond. The permit shall not be issued until the applicant furnishes the city a performance bond executed by the applicant with a surety company authorized to do business in this state and approved as to form and amount by the city engineer. The bond shall guarantee that,the applicant will: (1) Conform to all requirements imposed by the city relating to the moving of the building; (2) Promptly repair to the satisfaction of the city any damage to pavement, sidewalks, hydrants, sewers, water lines, streets, alleys, or other public or private property done or caused by the applicant, the applicant's servants or employees in moving the building; and i 182 (Tigard 11/15/86) 14.20.080--14.20.110 (3) Within three months after the permit is granted, if the relocated building will be relocated within the city limits, have the relocated building ready for occupancy and use in accordance with the building and zoning regulations of the city in effect at the time the permit is issued. (Ord. 86-53 §6 (Exhibit E §7) , 1986) 14.20.080 Permit issuance-c onditions. 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, in 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; (3) The building at its new site, if within the city, will conform to the requirements of the community develop- ment code; (4) All requirements of the building code ordinance (Chapter 14.04 of this code) have been complied with. (Ordo 86-53 §6 (Exhibit E §8) , 1986) 14.20.090 Permit contents. The permit shall specify: r (1) The route for moving the building; f ( (2) The dates and times within which the moving is to be completed; and (3) Whatever additional conditions the city engineer, building official, or chief of police considers necessary to Psatisfy ordinance requirements, to minimize the obstruction i of traffic to protect property, and to protect the public safety and welfare. (Ord. 86-53 56(Exhibit E §9) , 1986) 14.20.100 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 t-iolates 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. (b) An appeal of a refusal by the building official to issue a permit shall be processed in the same fashion as provided in Section 14.04.080 of this code. (Ord. 86-53 §6 (Exhibit E §15) , 1986) 14.20.1.10 Liability. The permit shall not consitute 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. (Ord. 86-53 56 (Exhibit E §10) , 1986) t 3 183 (Tigard 11/15/86) 14.20,120--14.20.160. 14.20.120 Protection of streets and property. Equip- ment used to move buildings 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 re I' quire the permittee to proceed on planking of specified di- mensions when the city engineer considers the planking nec- essary to prevent damage to a public street or other proper- ty. (Ord. 86-53 §6(Exhibit E 511) , 1986) 14.20.130 Proiect to continue uninterrupted. Once a building has been moved onto.a public street under a permit authorized by this chapter, the person moving the building shall continue with the moving project without interruption until it is completed, except as the permit for the moving or the building official specifically allows to the con- trary. (Ord. 86-53 56(Exhibit E §12) , 1986) 14.20.140 Cleanup. A person moving a building under a pexzzlt authorized by this chapter shall promptly remove from the public streets and private property all litter produced by the moving. (Ord. 86-53 §6 (Exhibit E 513) , 1986) 14.20.150 State highway use. The building offical may i waive any of the requirements of this chapter regarding buildings to be moved through the city upon a 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; (2) Notice of the proposed movement and a copy of the permit is submitted to the building official before the movement; and (3) The building official is satisfied that adequate precautions have been taken to protect the public safety and welfare. (Ord. 86-53 §6(Exhibit E 514) 1986) 14.20.160 Violation--Penalty. Violation of this chapter shall constitute a Class 1 civil infraction and shall be processed in accordance with the civil infractions ordinance, Chapter 1.16 of this code. (Ord. 86-53 §6 (Exhibit E §16) 1986) 8 184 (Tigard 11/15/86)