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1987-07ORDINANCE NO. 19$7-7 AN ORDINANCE AMENDING SECTION 4.07 OF THE CODE OF CITY ORDINANCES The City of Richfield Does Ordain: Section 4.07 of the Code of City Ordinances is hereby amended by deleting the st-r~rc-ke-rr material and adding the underlined material as follows: 4.07. MOVING OF BUILDINGS OVER STREETS, ALLEYS AND PUBLIC HIGHWAYS. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section (raj "Building" means a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals, or property used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure of less than 16 feet by 20 feet shall not be within this definition. (fib} The titles "P,-city A~manager", "$director of Gcommunity S-services", "$director of 8-community Hd_evelopment" and "Hdirector of public B-safety" shall include those persons and their designees. Subd. 2. Permit Required. No persons shall move any building ~; ~sng, on or across any highway, street or alley over which the city has jurisdiction and supervision , without first obtaining a permit from the _ b building official. This section applies ~g re ardless of the origin or destination of the building or structure. No persons shall,while in the process of moving a building, park the same on any property in the city without the prior approval of the building official. Subd. 3. Application. Persons seeking issuance of a permit hereunder shall file an application for such permit with the elf building official. Subd. 4. Contents in writing upon fo official and shall building l~ a permit should be all applications: ~i of Application. The application shall be made rms provided by the C-h-i-e-f- $b_uilding contain such information as the ~ri e-f r official finds necessary to determine whether issued. The following items shall accompany (-~a) The owner of the building to be moved shall file with the application sufficient evidence that all real estate taxes and special assessments against the building and lot from which it is to be removed are paid in full.house mover ordinance 2 (~-bj The applicant, if other than the owner, shall file with the application sufficient written evidence that he is entitled to remove the building. (3-cj The applicant shall file with the application prior to issuance of permit, written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the company. (d) The applicant shall furnish proof satisfactory to the building official that an approved site is read for the building to be moved there. {fre) Except for manufactured or modular homes, or a building owned by a farmer who owns it, or any building less than 16 feet wide by 20 feet long, the applicant shall furnish proof satisfactory to the E-iri-e-f $b_uilding official that the building mover is fully licensed under all applicable laws of the S-state of Minnesota, including Minnesota Statutes 1981, Section 221.81, and complies with and has satisfied all rules and regulations promulgated thereunder. {frf) The application shall be accompanied by a nonrefundable permit fee as provided in Appendix D of this Code. Subd. fry. Duties of Director of Public Safety. The director of public safety shall as-sur-~ ensure inspection of the building a-n~t- by the frhi-ef 33building 6official to determine whether the standards required in this section for the issuance of a permit have been met. Subd. ~6. Standards for Issuance. The building official shall refuse to issue a permit if he or she finds: (~a) That Minnesota; (2-b ) That endangering ( 3-c } That disrepair or the mover is the building persons or pr the building is otherwise not du-iy- licensed by the S-state of is too large to move without operty in the city; is in such a state of deterioration or so structurally unsafe that it could not be moved without endangering persons anti or property in the city; {~d) That the building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the city; (frej That the zoning or building code provisions or any other provisions of this code would be violated by the building in its new location; ('~f) That, if the building is being moved from a location within the city, outstanding charges for water and sewer service have not been paid. 3 (8-g.) That for any other reason persons or property in the city would be endangered by the moving of the building. Subd. $-7. Compliance with Building, Structural and Mechanical Regulations.. If construction, alteration or repair work on such building or structure will be necessary to make it conform to the building, structural and mechanical regulations, permits for such work shall be obtained before such building or structure is moved into or within this city. The permits shall specify that such work be completed within 90 days after such building or structure is located in the city. The building official may authorize additional time for compliance. Failure to make such building or structure conform to such construction regulations within such 90 day period constitutes a violation of this section. Subd. 9`8. Compliance with Zoning Regulations. No building or structure shall be moved to a location within this city unless in the opinion of the building official it will conform to the zoning regulations of the city, including, but not limited to, all setback and lot size regulations, and will be a building or structure of the same general character and appearance of those buildings or structures in the vicinity of the proposed location. Upon receipt of the application the building official shall forward a copy to the director of community development for review. ~l~.en e-entPletien of sash • The director of community development shall determine whether such building or structure will conform to the character and appearance of the neighborhood into which it is proposed to be moved,-_ h~ r er a ma er o i coun ermina n. e e t~7~'t - CROSS-REFERENCE: See Chap. III, Part IV, for zoning regulations. Subd. ~9. Designation of Streets for Removal. The Hd_irector of community 8-services shall designate streets over which the building may be moved. The director shall have the list approved by the director of ~~ublic safety and shall reproduce the list upon the permit in writing. In making their determinations, the $director of community S-services and the $director of Ppublic S-safety shall endeavor to insure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets. The H~clirector of community S-services may also designate the hours, movement, parking, or speed limit of the building mover. Subd. ~-1-10. Duties of Permittee. Permittees under this section shall: 4 (~a) Move a building only over streets designated for such use in the written permit. (fib) Notify the director in writing of any and all damages done to property belonging to the city or any public utility or private property, within 24 hours after the damage or injury has occurred. (~-c} Cause red lights to be displayed on every side of the building while sag- on a street at any time from sunset to sunrise and at any other time when visibility is impaired by weather, smoke, fog or other conditions or there is not sufficient light to render clearly discernible persons and vehicles at a distance of 500 feet,-_ Warning lights with open flames shall not be used. (3-d) ~s~-~rai~-at- ~E_rect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. (~-e} Remove the building from the city streets after two days of such occupancy, unless an extension is granted by the ~r building official. (~f) Comply with all applicable provisions of this code and other laws upon relocating the building in the city. (fry) Pay the expense of a traffic officer ordered by the city to accompany the movement of the building. (~h) Remove all rubbish and materials and fill all excavations to existing grade at the original building site if within the city so that the premises are left in a safe and sanitary condition. ($i) Remove all structural remains such as foundations, footings, stoops, stairways, posts, etc., or any other item which, if left on the property, would constitute a hazard. (9~,L} Provide for the displacement of any and all overhead wires and furnish proof to the city in advance of the day upon which moving operations shall be commenced that satisfactory arrangements have been made. (1$k_) -Ensure that the sewer line is g cut off by a licensed plumber, the water shut cut off licensed plumber and the mvt~r meter returned to the city, if the original building site is within the city. Permittee shall also notify the gas and electric services companies to remove their services. (~-~-1) Ensure that anv wells on the site have been sealed by a liscensed well contractor. (gym} Complete within 90 days after re-mava~ removing of building all remodeling, additions or repairs as shown on the plans accompanying the application. Subd. X2-11. Liability of Permittee to City. The permittee shall be liable for and expense, damages or costs in excess of deposited amoun~s~or securities. 5 Subd. X12. Revocation. Refusal by the permit holder or any person acting on his behalf to comply with the terms or provisions of this section or to adopt any safety or precautionary device or method imposed upon such moving operation is a violation of this section and is cause for immediate revocation of the permit. Subd . ~-~-13 . Appeal . The decision by the requested permit or revok sustain or overrule the ~ decision; and may grant a as it deems appropriate.. applicant or permittee may appeal any ~r building official denying the ing an issued permit. The council may building official's permit upon such terms and conditions Passed by the City Council of the City of Richfield, Minnesota this 13th day of April, 1987. ATTEST: --~ Thomf~as Ferber, City Clerk Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Donald K. Mortenson being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Richfield Sun-Current are stated below. and has full knowledge of the facts which (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended (B) The Ordinance No.1987-7 which is attached was cut from the columns of said newspaper; and was printed and published once each week, for one successive weeks; it was first published on Wednesday ,the Z Z day of AP ri I .1887 ,and was thereafter printed and published on every to and including ,the day of , 19; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuv~xyz ~- d BY: 1/~~ l TITLE: Operations Manager Su1bscribed and swr to before me on this , ---r a --- Y ii 9~~ ~. (~~ ~ ~ ~~ ..J ~ w r, No aryx Public ~ ~ ~. ~. i }' .~ ._ FiT C, ..,t~ ~;~. J. ,;;LLB `. -. ~ RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 1.85 per line (Line, word, or inch rate) $ 40.1 per line (Line, word, or inch rate) $ 38~ per line (Line, word, or inch rate) (Official Publication) ORDINANCE N0. 1987-7 AN ORDINANCE AMENDING SECTION 4.07 OF' THE CODE OF CITY ORDINANCES The City of Richfield Does Ordain: Sect~pn:4A7 of the Code of City Ordinances is hereby amended by deletin the si;"tc}wtl'n'Csterial and adding the underlined material as follows: 4.07.1gI¢1VIAIG'OF BUILDINGS OVER STREETS, ALLEYS AND PUBLI Siibdivisfon.l. Lfefinitions. The following terms have the meanings ascribe [o,fttgitpit`rthissection. , ~~t??"`$g~{~S$~ing'?'means a structure designed, built or occupied as a shelte or rogfed;@ttrtosure for persons, animals, or property used for residentia business, metcantile, storage, commercial, industrial, institutional, a; sembl'y, educ2fjonal or recreational pw poses. A structure of less than 10 sgnaie t~t"(loot area 16 feet by 20 feet shall not be within [his definition. (2tr) TFi~3itles "Folly A4manager", ".Bdirector of 2community 8services' "f3direeEoY of ~Ccommunity f3developmen[" and "Sdirector of hpubli 6safet~c~ shall include those persons and their designees. Sti;¢ti:~. Permit Required. No persone~shall move any building over,alewE on or $,i:ross any highway, street or alley over which the city has jurisdictio and supervision aw deftnod +w.A9iewaeeofyStafetc+s.ygg,1, 6f~epterd69 withou first. obtaining a permit from [he Ecity. manager building official. Thi sectidn'applies wha6erer regardless of [he origin or destieation of the buildin; or structure. No persons shall, while in the process of moving a building, parl the same on any property in the city without the prior approvaFof the 6i6~ 11Qanagpr building official ' Subd.~3~Application. Persons seeking issuance of a permit hereunder shat file an "application for such permit with the Chief+Abuilding Inepeetar official Subd. 4. Contents of Application. The application shall be made in wrftin) upon forms provided by the Chief Bbuilding IwepoWer official and shat contain sych information as the fkie[ Bbuilding Fteerye¢!er official find: necessa~ryy~gto determine whether a permit should be issued. The following items slfa~It accompany all applications: (le) T e. owner of the building to be moved shall file with the applicatior sufficie ~gvidence that all real estate taxes and special assessments against the buih~{pg and lot from which it is to be removed are paid in toll. hours mover o "t$nance 2 (db) T~applicant, if other than the owner, shall file with the application sufficient written evidence that he is entitled to remove the building. (3c) T,4e applicant shall file with the application prior to issuance of permit, Mitten evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the company. (d) The applicant shall furnish proof satisfactory to the building official that an approved site is ready for the building to be moved there. (9e) Except for manufactured or modular homes, or a building owned by a farmer who owns it, or any building less than 16 feet wide by 20 feet long, the applicant shall furnish proof satisfactory to the F,kief Bbuilding Ins{-eeter official that the building mover is fully licensed under all applicable laws of the -Ssta[e of Minnesota, including Minnesota Statutes 1981, Section 221.81, and complies with and has satisfied all rules and regulations promulgated thereunder. (6f) The application shall be accompanied by a nonrefundable permit fee as provided in Appendix D of this Code. Subd. Q5. Duties of Director of Public Safety. The director of public safety shall acsere ensure inspection of the building and the a~pG~ant'sequifxneat by the 6btof Bbuilding Aofficial ItrspreBea to determine whether the stan- dards required in this section for the issuance of a permit have been met. Subd. It6. Standards for Issuance. The 6ityDaaaa@Qr building official shall refuse to issue a permit if he or she finds: (lv) That [he mover is not d+t+Y licensed by [he Cstate of Minnesota; ' (96~ That the building is too large to move without endangering persons or property i^ the city; (3r) That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons sad or property in the city: (4sH' That the building is structurally unsafe or unfit for the purpose for which ritdved, if the location to which the building is [o be moved is in the city; (ff~ 'Fhaitlw appliaant's..eq+tiPtoeniis+-n <afe sad [hat posset+s attd proP~'t'Y weu~bref~efarrserrd b0-its•t+se: (6e1 That the zoning or building code provisions or any other provisions of this code would be violated by the building in its new location: E7f;;hhat, if the building is being moved from a location within the city, outstanding charges for water and sewer sarvice have not been paid. (8gJ That far any other reason persons or property in the city would be endangeEed by the moving of the building. Subd. /i7, Compliance with Building, Structural and Mechanical Regu- lations.. . If cotstruction, alteration or repair work on such building or structure will be necessary to make it conform to the building, structural and mechanical regulations, permits for such work shall be obtained before such building or stg~ucture is moved into or within this city. T'he permits shall specify that such work bt? completed within 90 days after such building or structure is located in the city. The building official may authorize additional time [or compliance. Failure 'to make such building or structure conform to such construction regulations within such 90 day period constitutes a violation of this section. Subd. fg. Compliance with Zoning Regulations. No building or structure shall be moved to a location within this city unless in the opinion of the 6ily BQax~ger building official it will conform to the zoning regulations of the city, including, but not limited [o, all setback and lot size regulations, and will be a building or structure of the same general character and appearance of those buildings or structures in the vicinity of the proposed location. fJpon receipt of the application the 6}tief.Bui~Wiugitt pectar building official shall forward a copy to the director of community development for review. 6[pon eernple4ien of cttCh rpvipw, 4ke-FEfraetor-shell.cepert~ h+s ar atex-findirrg;s to tits. Gity ''_A4araSerr,,~.t1iQ.City-IlQanager is as deulu este The director of community f: developiTtent shall determine whether such building or structure will conform to the character and appearance of the neighborhood into which it is proposed -''to-be movedj. Me_or-cha~shall~.refervihe~ mattes ta. tJte eity~cwtneil-for tfotecmiaaiieit.'Phetiiy ceunreil rpey ftold.a public hearing~ttwgresiien4~uS its aaY~veat >tkel}delerfwine.w{tetherer sat s+tclt huilding-0r sit uctwewill•be p~ rnitted ee--p~ro$osedlecvtioa (f681-27}li~/.2ilf'8} . ~'•C%ROSS~ERENCE: See Chap. III, Part IV, for zoning regulations. Subd. Ib9. besignation of Streets for Removal. The Bdirector of ecom- ~~miulity "Sservice5 shall designate streets aver which the building may be ~^ moved.. he director shall have the list approved by the Ddirector of )epublic 6 safety a~y~d shall reproduce the list upon the permit in writing. In making their de~rmidations,the 9director of Scommuntty services and the director of `~ Pp lic safety""shall endeavor to insure maximum safety to persons and pyo ., t,,~~ssm the city and to minimize conges(ion and traffic hazards on public ~t e;&?,ftte"Ddirector of Ccommunity Sservices may also designate the ~'~ 1i ,.,~tveinent, parking, or speed limit of the building mover. •Subdz.I410. Duties of Permittee. Permittees under this section shall: Ql-).=live a building only over streets designated for such use in the wri~~tC.,p~'rttiit. (a6Y lddtify the director in writing of any and all damages done to property belonging to the city er any public utility or private property, within 24 hours after phe damage or injury has occurred. (3c) Cause red lights to be displayed dut~ing.the nigkttetwe on every side of the building while standing on a street at any time from sunset to sunrise and at any other time when visibility is impaired by weather, smoke, fog or other conditions or there is not sufficient light to render clearly discernible persons and vehicles at a distance of 500 feed. Warning lights with open flames shall not be used. is cuoh a.trwnwertfs.,ia+.vasnihe•yublic~f 61te.ebetr+tstion, (Sd) anrksiRaM-at.e]i~{.isnes.~Erect and maUntain barricades across the streets in such manner as to protect the public from damage or injury by rea5nn of fhe removal of r6n6u n.i:., ..