The city superintendent or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of an inspector in accordance with sections 4 204:209 of this chapter, which apply in a like manner to this article.
No person, firm or corporation shall move, haul, or transport any house, building, derrick, or other structure of the height when loaded for movement of 16 feet or more from the surface of the highway, road, street or alley, or a width of eight feet or more or which cannot be moved at a speed of four miles per hour or faster, upon, across or over any street, alley or sidewalk in this city without first obtaining a permit therefor.
(K.S.A. 17-1914; Code 1975, 6-801; Code 1998)
All applications for permits required under the provisions of this article shall be made in writing to the city clerk specifying the day and hour said moving is to commence and the route through the city’s streets over which the house, building, derrick or other structure shall be moved and stating whether it will be necessary to cut and move, raise, or in any way interfere with any wires, cables or other aerial equipment of any public or municipally-owned utility, and if so, the application shall also state the name of the public or municipally-owned utility, and the time and location that the applicant’s moving operations shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities.
(K.S.A. 17-1915; Code 1975, 6-802; Code 1998)
(a) It shall be the duty of any person at the time of making application for a permit as provided in this article to give a good and sufficient surety bond to the city, to be approved by the governing body, indemnifying the city against any loss or damage resulting from the failure of any such person to comply with the provisions of this article or for any damage or injury caused in moving any such house or structure. The bond herein shall be in the sum of $5,000.00, or cash may be deposited in lieu of such surety bond.
(b) A public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of $100,000 per person, $300,000 per accident as to personal injury, and $50,000 property damage may be permitted in lieu of a bond.
(Code 1975, 6-608; Code 1998)
Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay a fee of not less than $5 to the city clerk; plus the additional cost for the time for any city crews involved in such moving.
The provisions of sections 4-219:225 of this chapter shall apply in a like manner to this article.
The city clerk shall, upon filing of the above application, refer the same to the chief building official or his or her authorized designee to check the proposed route and determine if it is practical to move such house or other structure over the route proposed. If it shall appear that such route is not practical and another route may be used equally well with less danger to street and travel, then he or she may designate such other route as the one to be used and shall notify the applicant of the same. The building official may also require the planking of any street, bridge or culvert or any part thereof to prevent damage thereto. It shall also be the duty of the chief building official or his or her authorized designee to inspect the progress of moving any house or other structure to see that the same is being moved in accordance with the provisions of this article.
(Code 1975, 6-806; Code 1998)
(a) Upon issuance of a moving permit the applicant shall give not less than 15 days written notice to any person owning or operating any wires, cables or other aerial equipment along the proposed route of the intent to move the structure, giving the time and location that the applicants moving operation shall necessitate the cutting, moving, raising or interfering of any wires, cables or other aerial equipment.
(b) The notice provision of subsection (a) shall not apply where the person owning or operating any wires, cables or other aerial equipment has waived their right to advance notice.
(c) Should the moving operation be delayed, the applicant shall give the owner or his or her agent not less than 24 hours advance notice of the actual operation.
(K.S.A. 17-1916; Code 1975, 6-803; Code 1998)
(a) It shall be the duty of the person or the city owning or operating such poles or wires after service of notice as provided herein, to furnish competent lineman or workmen to remove such poles, or raise or cut such wires as will be necessary to facilitate the moving of such house or structure. The necessary expense which is incurred thereby shall be paid by the holder of the moving permit.
(b)The owner of any wires, cables or other aerial equipment, after service of notice as provided in section 4-508, shall be liable to the permit holder for damages in an amount not to exceed $100.00 per day for each day the owner shall fail or refuse to accommodate the permit holder’s moving operations.
(K.S.A. 17-1917; Code 1975, 6-804; Code 1998)
It shall be unlawful for any person engaged in moving any house or other structure to raise, cut or in any way interfere with any wires or poles bearing wires or any other aerial equipment.
(K.S.A. 17-1918; Code 1975, 6-807; Code 1998)
It shall be the duty of any person moving any of the structures mentioned in this article upon or across any street, alley or sidewalk or other public place, in this city, to display red lanterns thereon in such a manner as to show the extreme height and width thereof from sunset to sunrise.
(Code 1975, 6-807; Code 1998)
No building or other structure, either in whole or in sections shall be moved from without or within the city or from one area of the city to another; providing however, buildings which have been previously used and occupied as a family dwelling may be moved into the city and used for residential purposes, if the building is structurally sound and has, as a minimum, a sufficient number of rooms to classify it as a four room dwelling; and providing further, that the building is placed upon a poured cement foundation which would meet FHA requirements. All electrical wiring shall be in compliance with the electrical code of the city and all plumbing shall be done in compliance with the plumbing code of the city. Area requirements and set-backs shall be complied with. All buildings or structures which are being moved into the city, or are being moved within the city, shall be reconditioned to a degree that its state of repair is equal to the state of repair of the average building within the immediate vicinity. Any buildings not reconditioned within six months from the date of the permit, shall be removed by the owner. If the owner fails to recondition or remove the structure, the city may have the structure removed by the procedure set forth in this article.
(Code 1975, 6-809)
For the purpose of this article, the definition of building and/or structure as used in this article shall not include trailer houses or mobile homes. The above requirements shall not prevent the use of prefabricated materials or used materials in the construction of a new building.
(Code 1975, 6-810)
The governing body of the city, by use of the procedure set forth in this chapter, will have the power and authority to compel the removal of any such building or structure, which is moved in violation of this chapter, in the same manner as if the building has been declared unsafe.
(Code 1975, 6-811)
Any person violating the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $100.00.
(Code 1975, 6-812)