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HomeMy WebLinkAbout1961-04 05-15 CCO AN ORDINANCE RELATING TO HOUSE MOVING AND AMENDING CHAPTER 3 OF THE VILLAGE ORDINANCES AND REPEALING CERTAIN SECTIONS THEREOF THE VILLAGE: COUNCIL OF THE VILLAGE OF BROOKLYN CENTER ORDAINS: Section 1. Chapter 3 of the Village Ordinances is hereby amended by repealing Sections 3 -1005, 3 -1006, and 3 -822, and by adding thereto new Sections 3 -1005, 3 -1006, 3 -1007, 3 -1006, 3- 1009, 3 -1010, 3 -1011, 3 -1012, and 3 -1013, and by renumbering former Section 3 -1007 to new Section 3 -1014, and former Section 3 -1008 to new Section 3-1015, and said Sections to read as follows. _ .- at+$e'g s _ .ry ' Section ,3 -1005: PERMITS d;�illtfBfl. 1. No licensed person shall move, remove, raise or hold up any building within the limits of the Village of Brooklyn Center without first obtaining a permit from the Building Inspector. 2. No licensed person shall move any building over, along or across any highway, street or alley in the Village of Brooklyn Center without first obtaining a permit from the Building Inspector. Section 3 -1006. 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, construction materials, dimensions, number of rooms and condition of exterior and interior, and photographs, showing ground and street elevations; b) A legal description of the premises from which the building is to be moved; c) A legal description of the premises to which it is proposed such building be removed, if located in the Village; d) The portion of the premises to be occupied by the building when moved if located in the Village; e) The highways, streets and alleys over, along or across which the building is proposed to be moved; f) Proposed moving date and hours. 3. Accomnanvina Eaoers. a) Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entangle- ments and that all taxes and any other charges against the same are paid in full. b) Certificate of Ownershio or Entitlement. The applicant shall file with the application a written statement or bill of sale or other sufficient evidence that he is entitled to move the building. 5.15.61 4. Fee. The application shall be accompanied by a permit fee in the amount of $50.00 plus a sufficient sum, as estimated by the Building Inspector, to cover all other charges required under the terms of this or any other ordinance of the Village except the fee for moving an accessory building not over 600 square feet floor area shall be $10.00, provided, however, that a minimum fee for holding up, raising or moving any building or structure within or through the corporate Village limits shall be $3.00. Section 3 -1007. DEPOSIT FOR EXPENSE TO VILLAGE. Upon receipt of an application, it shall be the duty of the Building Inspector to procure an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging to the Village or any other property of the Village, the removal and replacement of which will be required by reason of the moving of the building through the Village, together with the cost of materials necessary to be used in making such removals or replacements. Prior to issuance of the permit the Building Inspector shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense. Section 3- 1008. DUTIES OF BUILDING INSPECTOR. 1. Insoection. The Building Inspector shall inspect the building, wherever located, and the applicant's equipment to determine whether the standards for issuance of a permit are met. 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 been complied with; b) That the building is too large to move without endangering persons or property in the Village; c) 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 and property In the Village; d) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the Village; 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 of the Village would be violated by the building in its removal location; g) That for any reason persons or property in the Village would be endangered by the moving of the building; h) That the building to be moved is not worth at least 67 per cent of the cost of a similar new building as determined by the Building Inspector; i) That the building in its removal location would fail to comply in any respect with any provision of any ordinance of the Village, or, in the alternative, that proper assur- ances of such compliance have not been given. 5.15.61 Section 3 -1008. Duties of Building Inspector. (Continued) 3. Fees and Deposits. a) Deposit. The Building Inspector shall receive from the owner all fees, deposits, bonds and insurance policies and forward to the Village Treasurer. b) Return uoon Non - issuance,. Upon his refusal to issue a permit, the Building Inspector shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed 1. with the application shall not be returned. c) Return upon Allowance for Exoense. After the building has been removed, the Building Inspector shall furnish the Village Clerk with a written statement of all expenses incurred in removing and replacing all property belonging to the Village, and of all material used in the making of the removal and replacement together with a statement of all damage caused to or inflicted upon property belonging to the Village, provided, however, that if any wires, poles, lamps or other property are not located in conformity with governing ordinances, the permitee shall not be liable for the cost of removing the same. The Village Clerk shall authorize the Building Inspector to return to the applicant all deposits after the Village Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the Village by reason of the removal of the building. Permit fees deposited with the application shall not be returned. • 4. Designated Sti^eets for Removal.. The Building Inspector shall procure from the Street Jepartment a list of designated streets over which the building may be moved. The Building Inspector shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations, the Street Department and the Chief of Police shall act to assure maximum safety to persons and property in the Village and to minimize congestion and traffic hazards on public streets. Section 3- 1009. DUTILS OF PERWAME. Every permitee under this Ordinance shall: 1. Use Desicinated Streets. Move a building only over streets designated for such use in the written permit. 2. Notifv of devised Movina Time. Notify the Building Inspector in writing of a desired change in moving date and hours as proposed in the application. 3. Notifv of Jamane. Notify the Building Inspector in writing of any and all damage done to property belonging to the Village within 24 hours after the damage or injury has occurred. 4. Disnlav Licyhts. Cause red lights to be displayed during the night time on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect 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. 5.15.61 i Section 3 -1009, Duties of Permitee. (Continued) 4b 5. Street Occunanev Period. Remove the building from the Village streets after 24 hours of such occupancy, unless an extension is granted by the Building Inspector. 6. Comply with Governing Law. Comply with the Building Code, the Zoning Code and all other applicable ordinances and laws upon relocating t ng the building In the Village. 7. Clear Old Premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site, when located in the Village, so that the premises are left in a safe and sanitary condition. 8. Public Utilities. The Village Engineer must certify that all sewer charges and water bills payable against the property from which the building is to be moved have been paid and that all sewer and water connections have been plugged or discontinued at the curb line or at the main and that all taxes against said property have been paid in full. Section 3 -1010. MISCELLANEOUS CONDITIONS. 1. Where the removal location of any building is known by the Building Inspector to be subject to any restrictive covenants of record, he shall not issue a permit under the provisions of this Ordinance unless and until he is satisfied that all of the terms and conditions of said covenants have been complied with. 2. No permit shall be issued under the provisions hereof unless and until the Building Inspector shall be satisfied that the building proposed to be removed will in its removal location conform to the general character and to the type of architecture of the neighborhood. 3. It is not intended by this Ordinance to interfere with or abrogate or annul any easement, covenant or other agreement between parties provided, however, that when this ordinance imposes a greater or heavier restriction than is imposed or required by any other ordinance, rule, regulation or by easements, covenants, or agreements, the provisions of this ordinance shall control. Section 3 -1011. ENPORCE&IM. 1. Permitee Liable for E:xoense Above Ueioosit. The Permitee shall be liable for any expense, damage or costs in excess of deposited amounts or securities, and the Village Attorney shall prosecute an action against the permitee in a court of competent jurisdiction for the recovery of such excessive amounts. 2. Original Premises Left Unsafe_. The Village shall proceed to do the work necessary to leaving the original P remises in a safe and . sanitary condition, where Permitee does not comply with the require- ments of this Ordinance and the cost thereof shall be charged against the General Deposit. 5.15.61 Section 3 -1012. PENALTIES. Any person, firm or corporation violating 4b any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed $100.00 or Imprisonment for a period not exceeding ninety days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Section 3 -1013. This ordinance shall take effect and be in force from and after its passage and publication. Section 3 -1019. HOURS. No building shall be moved across any railroad or bridge, unless the hour be specified and approved by the company or govern- mental unit controlling such tracks or bridge. Section 3- 1015,. KOVINC BUILUINGS INTO VILLAGE. Any person, firm, association or corporation desiring to move any building to within the limits of the Village of Brooklyn Center from outside of such limits shall comply with the following additional requirements: 1. Notify the Building Inspector of the Village of Brooklyn Center during the process of construction of such building in sufficient time so that the Building Inspector may make all necessary inspec- tions in order to determine whether such building complies with the applicable ordinances of the Village of Brooklyn Center. 2. Pay to the Village of Brooklyn Center, in addition to the required fees for a building permit, an additional fee of seven cents (70 per mile to be traveled by the Inspectors in making the inspection, computed from the Village Hall in the Village of Brooklyn Center to the site where the building is being constructed, together with a fee of three dollars ($3.00) per hour for each Inspector for the time spent in connection with such inspection, within a radius of fifteen (15) miles from the Village Hall of the Village of Brooklyn Center. The fee provided in this section shall be paid at the time the application for a permit to move a building is made and shall be retained by the Village whether or not said . permit is granted. 3. The Building Inspector is hereby authorized and required to make the inspections provided for herein upon compliance with the foregoing requirements. Section 2. This ordinance shall be in full force and effect from and after its legal publication. Passed by the Village Council this 15th day of a 96 Mayor Attest: / .Clerk 5.15.61 lSPal1