Any person or any officer, agent or employee thereof, violating any of the provisions of this article or failing, refusing or neglecting to comply with any of the provisions of this article shall, upon conviction, be deemed guilty of a misdemeanor.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-641)

It shall be unlawful for any person to move any building or other high or heavy or over width structure over any of the streets, avenues or alleys of the city without first securing a permit or license therefore and otherwise complying with the provisions of this article.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-642)

Any person desiring to move any building or other structure through, over or along any street, avenue or alley in the city shall:

(a)   Secure a permit therefore and pay to the city a fee in an amount established in the city’s fee resolution for each building or other structure to be moved.

(b)   File with the code services officer, in writing, a statement describing the building or structure, its location and the place to which it is desired to move the building, also giving the proposed route over which it is desired to move the building and shall notify the electric distribution foreman of such filing. The electric distribution foreman shall then inspect the building, the proposed route and the new location and determine as near as may be what wires, posts, poles or other property of the city or others would be damaged by the moving and the probable cost of removing or raising its poles, wires or other property and restoring the same.

(c)   Upon such determination by the electric distribution foreman, the applicant shall deposit with the city clerk a sum of money equal to the estimated cost, and also deliver to the city a certificate of liability insurance in the amount established in the city’s fee resolution. The permit holder shall be responsible to pay any and all damages which may occur to any pavement, street, sidewalks, electric light poles, wires, bridges, viaducts or other property belonging to the city or to any telephone or telegraph wires, poles or other property belonging to individuals or companies on account of moving of any such buildings or structures through, over or along any street, avenue or alley in the city, whether the damages shall be caused by the person or the person’s agents, employees or workmen, and conditioned also that the person will save and indemnify and keep harmless the city against all liability, damages, cost and expense which may in any way, accrue against the city in consequence of the granting of such permit or operating there under. All work shall be at the risk of the holder of the permit.

(d)   Upon the completion of the work the electric distribution foreman shall file with the clerk a detailed statement of the cost to the city as referred to in this section and the cost shall be deducted from the money deposited, and the remainder, if any, returned to the applicant. If not sufficient, the applicant shall pay the balance but the return of the money or settlement of the cost shall not in any way release or affect the liability of the permit holder.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-643)

All work and operations under the sections of this article shall be under the supervision of the electric distribution foreman, and if the route proposed by the applicant is not deemed practicable by the electric distribution foreman, or is liable to occasion unnecessary damage to the public service or to the streets or alleys, he/she shall designate some other practical route, if any, for the moving. No other route shall be used other than that approved or designated by the electric distribution foreman. The electric distribution foreman shall require the proper protection, if necessary, for all streets, shoring up of bridges and culverts deemed necessary by the electric distribution foreman for the protection thereof, and may prescribe such other regulations as he/she may deem necessary.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-644)

If any of the city’s poles, wires, pipes or other such property will be disturbed, the removing, repairing and restoring of the same shall be done by city employees. When the work is completed, the person doing the moving shall immediately repair all damages caused to any street, avenue or alley or to any building, bridge or other property belonging to the city or to any individual. Either the city or the individual may, if they so elect, do the repairing at the cost of the person doing the moving.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-645)

When any such building or structure is to be moved so that the wires or property of any telephone or telegraph company operating in the city will be disturbed, the person doing such moving shall notify the company at least ten hours before such disturbances will occur. It shall be their duty to raise or remove such wires giving reasonable opportunity to move the building there under which shall be at the expense of the person doing the moving, as provided in this article.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-646)

No building or other structure shall be moved over any street or alley if by doing so material damage would be caused to any other building or structure already located. Wherever practicable, while doing the moving, a passageway shall be left open in the street.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-647)

It shall be unlawful for any person operating under the sections of this article, or the person’s agent or employee, to cut, injure or destroy any tree or the limbs or the branches thereof located in any street, alley or avenue, without the consent of the city and the owner of the abutting property, or to injure, cut or destroy any tree or the limbs or branches thereof located on the property of any individual without the consent of the individual.

(Ord. 3361, § 1, 10-16-07; Code 2016, Sec. 14-648)