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453 ORDINANCE N0. ~.L~ ~~ ~() 77~,~ ~ ~~ - AN ORDINANCE REGULATING THE MOVING OF BUII+DINGS OVER, ALONG OR ACROSS HIGHWAYS, STREETS AND ALLEYS IN THE CITY; AUTHORIZING THE CITY BUILDING INSPECTOR TO ISSUE PERMITS; PROVIDING FOR. ENFORCEMENT; PRES- CRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: ~ SECTION 1. DEFINITIONS. For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "BUILDING" is a structure designed, built or occupied as a shelter or roofed enclosure for persons or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. (2) "BUILDING INSPECTOR" is the Building Inspector of West Memphis and in this Ordinance includes any persons appointed by him to make inspections of buildings proposed to be moved. (3) "CITY" is the City of West Memphis, Arkansas. (4) "PERSON" is any person, firm, partnership, association, corporation, company or organization of any kind. SECTION 2. PERMIT REQUIRED. No person s~1a11 move any building over, along or across any highway, street or -2- alley in the City without first obtaining a permit from the Building Inspector. SECTION 3. 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 if located in City, construction materials, dimensions, number of rooms and condition of exterior and interior and shall provide photographs of the building and the type of improvements to be made to building when moved to new location. (b) A legal description of the lot from which the building is to be moved, giving the lot and block, if located in the City; (c) A legal description of the lot to which it is proposed such building be removed, giving lot and block number, if located in the City; (d) The portion of the lot to be occupied by the building 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 which the building inspector shall find necessary to a fair determination of whether a permit should issue. (3) ACCOMPANYING PAPERS. (a) TAX CERTIFICATE. The owaer of the building to be -3- moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all taxes and any City charges against the same are paid in full. (b) CERTIFICATE OF OWNERSHIP OR ENTITLEMENT. The applicant, if other than the owner, shall file with the applica- tion a written statement or bill of sale signed by the owner, or other sufficient evidence that he is entitled to move the building. (4) FEE. The application shall be accompanied by a permit fee in the amount of S50.00. SECTION 4. DEPOSIT FOR EXPENSE TO CITY. Upon receipt of an application it shall be the duty of the Building Inspector to procure from the Utility Commission an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging to the City or any other property of the City, the removal and replacement of which will be requiredl3i reason of the moving of the building through the City, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit the Building Inspector shall require the applicant a deposit of a sum of money equal to twice the amount of the estimated expense. SECTION 5. GENERAL DEPOSIT. An application hereunder shall be accompanied by a cash deposit of $2,500.00 as an indemnity for any damage which the City might sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire-hydrant or other property of the City, which may be caused by or be incidental to the removal of any building over, along or across any street in the City and to indemnify the City against any claim of damages to persons or private property, i. -4- and to satisfy any claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the City. (1) BOND IN LIEU OF DEPOSIT. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with theBuilding Inspector a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the State of Arkansas a [a in the amount of $- ~S,~c~ - conditioned upon the assurance that this and other applicable Ordinances and laws will be com- plied with. Such bond shall run to the City for the use and benefit of any person or persons intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages and losses resulting from any malfeasance, misfeasance or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted. (2) INSURANCE POLICY IN LIEU OF DEPOSIT. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with theBuilding Inspector a liability insurance policy, issued by an insurance company authorized to do business in theState of Arkansas, and approved as to form by the City Attorney, in the same amount and providing the same protection as would be required for a bond hereunder. SECTION 6. DUTIES OF BUILDING INSPECTOR. (1) Inspection. The Building Inspector shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met. -5- (2) Standards for Issuance. The Building Inspector shall refuse to issue a permit if he finds: (a) That any application requirement or any fee or deposit requirement has not beellcomplied with; (b) That the building is too large to move without endangering persons or property in the City; (c) That the building is in such a state of deteriora- tion or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City and to that end the Building Inspector may have two (2) other persons engaged in the building profession or trade to assist him in rendering such decision; and those selected shall be entitled to a fee of $10.00 each for such services, when actually rendered. (d) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City, or would lower the value of the surrounding property in the area in which it is to be moved; (e) That the applicant's equipment is unsafe and that persons and property would be endangered by its use; (f) That zoning or other Ordinances would be violated 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. (3) The applicant may appeal the decision of the Building Inspector to the City Council which may either affirm or reverse the decision of the Building Inspector with such additional conditions as it may deem proper. - 6- (4) FEES AND DEPOSITS. (a) Deposit. The Building Inspector shall deposit all fees and deposits, and all bonds or insurance policies with the City Treasurer. (b) Return Upon Non-Issuance. Upon his refusal to issue a permit the Building Inspector shall return to the appli- cant all deposits, bonds and insurance policies.Permit fees filed with the application shall not be returned. (c) Return Upon Allowance for Expense. After the building has been removed the Building Inspector shall furnish the Mayor with a written st~ement of all expenses incurred in removing and replacing all property belonging to the City, and of all material used in the making of the removal and replace- went together with a statement of all damages caused to or inflicted upon property belonging to the City. The Mayor shall authorize the Building Inspector to return to the applicant all deposits after the City Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the City by reason of the removal of the building. Permit fees deposited with the application shall not be returned. (5) DESIGNATE STREETS FOR REMOVAL. The Building Inspector shall advise with the Utility Commission and Police Department to determine a route over which the building may be moved for the purpose of assuring maximum safety to persons and property in the City and to minimize congestion and traffic hazards on public streets. SECTION 7. DUTIES OF PERMITTEE. Every permittee under this Ordinance shall: -7- (1) Move a building only over streets designated for such use in the written permit. (2) Notify the Building Inspector in writing of a desired change in moving date and hours as proposed in the application. (3) Notify the Building Inspector in writing of any and all damage done to property belonging to the City within twenty-four (24) hours after the damage or injury has occurred. (4) Provide proper flags, flares and warnings on building while same is on the streets. (5) Comply with the Building Code, the Fire Zone, the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the City. (6) Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition. (8) See that the sewer line is properly plugged, the water shut off, and all meters returned to the Utility Commission. Permittee shall notify all utility. companies to remove their services. SECTION 8. ENFORCEMENT. (1) The Building Inspector, the Police Department and the Utility Commission shall enforce and carry out the requirements of this Ordinance. (2) The Permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the City Attorney shallprosecute an action against the r ' , -8- permittee in a court of competent jurisdiction for the recovery of such excessive amounts. (3) The City shall proceed todo the work necessary to leaving the original premises in a safe and sanitary condition, where permittee does not comply with the requirements of this Ordinance, and the cost thereof shall be charged against the General Deposit. SECTION 9. PENALTIES. Any person who violates any provisionof this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not exceeding twenty-five and no/100 Dollars (825.00). Eachperson shall be deemed guilty of a separate offense for each day during any portionof which any violation of the provisions of this Ordinance is committed, continued or permitted. SECTION 10. It is the intention of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this Ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 11. EMERGENCY CLAUSE. It being determin ed that this Ordinance is necessary for the immediate preservation of the public peace, health, and safety of the inhabitants of West Memphis, Arkansas, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Adopted this ,day , o~ ~ ~. ,`x,964. v ~~ ~ ,~~, ATT EST,,- ~ City Clerk