For the purpose of this article, the following definitions shall apply:

(a)   Building and Structure – means any construction artificially built up or composed of parts joined together in some definite manner and having a floor area of 200 or more square feet or of the height of 16 feet or more after having been loaded for moving or of the width of 15 feet or more.

(b)   Moving permit – means the permit issued by the city clerk permitting a structure to move over public streets or alleys.  

(Ord. 1067, Sec. 1; Code 1987, 4-601)

In addition to the licensing requirements for a general contractor as defined herein and provided above, any person desiring to move a building or structure within the city shall make application to the city clerk for a moving permit a minimum of 20 days in advance of the date such building or structure is to be moved. Such application shall give the following information:

(a)   Dimensions of the structure;

(b)   The height at its highest point when loaded for moving;

(c)   Specify the day, and hour the moving is to commence;

(d)   The place to be moved from;

(e)   The place to which the structure is to be moved within the city;

(f)   The route over the city streets which the structure is proposed to be moved.

(g)   Whether or not 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 municipality owned utility.

(K.S.A. 17-1914; Ord. 1067, Sec. 2; Code 1987, 4-602)

(a)   If it be necessary to cut or move any poles, to raise, cut or in any way interfere with any wires or cables, to cut or trim any trees or to remove any street signs, the application shall state the name of the owner or owners of such poles, wires, or cables or trees and shall also state the location or locations such cutting, moving or raising of the poles, cables, wires or trees will be necessary.

(b)   The street foreman shall determine the streets, avenues, alleys or other public grounds through, over or along which the building shall be moved and further for the protection of pavement, culverts, sewers, curbs, streets or other public property, the street foreman shall have the power to require the planking of streets, sidewalks, alleys, curbs, and other public property and shoring up all bridges, sewers or culverts, the tying up or back of trees and such other regulations as may be deemed necessary for the protection of the public interest.

(c)   The street foreman shall in writing place upon the moving permit any and all conditions required by the city and shall approve the application by endorsing his or her approval on the moving permit, if, in the opinion of the street foreman, the building or structure to be moved cannot be moved without serious irreparable damage or destruction, then he or she shall withhold his or her approval by so endorsing the moving permit.  

(Ord. 1067, Sec. 2; Code 1987, 4-603)

If the application is approved by the street supervisor, the city clerk shall issue the moving permit.  

(Ord. 1067, Sec. 2; Code 1987, 4-604)

For a moving permit, the applicant shall pay to the city, at the time such application is filed, a fee of $100.00.  

(Ord. 1681, Sec. 3; Code 1987, 4-605)

When an application for a moving permit is approved, the city clerk shall issue the permit, which permit shall be valid for 60 days from the date of issuance.  

(Ord. 1065, Sec. 4; Code 1987, 4-606)

No building or structures shall be moved pursuant to this article without at least 48 hours’ notice to the chief of the fire department and the chief of the police department given by the permittee. Upon receipt of the notice, the chief of the police department shall provide the person a police escort which shall accompany the building or structure as it is being moved, if deemed to be necessary by the chief of the police department. 

(Ord. 1065, Sec. 5; Code 1987, 4-607)

The permittee shall give at least 15 days’ notice to any person owning or operating any poles, wires or cables as are necessary to be cut, moved or raised for the purpose of moving any such building heretofore described. No persons engaged in the moving of any structure shall raise, cut or remove or in any way interfere with any poles or wires without representatives of the owner being present to do or direct the work. The necessary and actual expenses incurred in the removal of such poles or the cutting or the raising of such wires or cables and the replacing of the same shall be paid by the owner of the building and the owner of such poles, wires and cables may require a reasonable deposit to be made covering such estimated expenses.  

(Ord. 1065, Sec. 5; Code 1987, 4-608)

Before approval of any moving permit hereunder, the house mover or moving contractor shall provide the city clerk with written evidence of public liability insurance coverage, the limits of the public liability insurance coverage to be determined by the city clerk at the time of application for said permits.  

(Ord. 1065, Sec. 6; Code 1987, 4-609)

No permit shall be issued for the moving into or relocating within the city any building or structure which does not conform to the building, plumbing or electrical codes of the city. This prohibition shall not apply to permits to move any building or structure from within the city to a location outside the city.  

(Code 1987, 4-610)

No building or structure may be moved into or relocated within the city in violation of a zoning ordinance or regulation.  

(Code 1987, 4-611)

Whenever any building is removed from or relocated in the city, the premises upon which such building was located shall be cleared of all building materials, debris and other foreign matter. Any foundation shall be removed and any basement or other excavation shall be filled and all sewer and water lines shall be properly capped or sealed.  

(Code 1987, 4-612)

(a)   Every person shall, when moving any building or structure, use the highest degree of care that no damage results to any person or property. In case damage to person or property results from such moving, the city shall in no case be held liable for such damage.

(b)   If, in moving any building or structure, any person shall cause damage to any street, avenue or alley or public place or to any building, bridge or any other property belonging to the city, the same shall be immediately repaired at the mover’s expense and under the direction and supervision of the City Administrator or the designee of the City Administrator.  

(Code 1987, 4-613)