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OR 105 Regulates the moving of structures into and across the City AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 105 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REGULATING THE MOVING OF STRUCTURES INTO AND ACROSS THE CITY; PROVIDING FOR LICENSE AND BOND FOR MOVERS; REGULATING PERMITS FOR MOVING STRUCTURES INTO OR ACROSS THE CITY; PROVIDING FOR FEES AND INSPECTIONS; PROVIDING FOR THE REMOVAL OR DESTRUCTION OF STRUCTURES MOVED INTO THE CITY WHICH ARE NOT BROUGHT INTO COMPLIANCE WITH ALL CITY ORDINANCES; MAKING IT ILLEGAL TO OCCUPY ANY SUCH MOVED STRUCTURES WITHOUT FIRST OBTAINING A CERTIFICATE OF OCCUPANCY; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; t PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED TEE SUM OF TWO ~ ~/~ HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY CO~qCIL OF THE CITY OF ~ COPPELL, TEXAS: SECTION 1. MOVING STRUCTURES INTO AND ACROSS THE CITY (LICENSE AND BOND REQUIRED FOR MOVERS) No person, firm or corporation, except a licensed mover, hereinafter referred to as "mover," shall move any building or structure across, over, along or through any sidewalk, street, alley or highway, public way or public place, within the corpo- rate limits of the City, except as hereinafter specifically pro- vided in this Ordinance, and every such mover, before engaging in such moving, shall have made application to the Building Inspec- tor for a license, and such license shall have been approved and issued for the current year. The fee for such license shall be $ ~,~ per annum, payable on the first day of January of each year. Original license obtained after the first day of January shall be pro rated to the nearest month. Before such license is issued, the applicant shall file with the City Sec- retary a surety bond with form approved by the City, in the sum of not less than $~,~ , saving and keeping the City harmless from any and all costs, damages and suits that it may incur or become liable on, in consequence of the injury to any person or private property in any manner occasioned in or about the moving of buildings, or structures, and to pay for any and all damages to public property that might arise from the use of any of its streets, alleys, boulevards or other public places in the moving or buildings or structures, and such bond shall contain a provi- sion for a ten (10) day written notice to the City of cancellation by the surety; and provided, further that the applicant shall also file with the City Secretary a public liability and property damage insurance policy certificate naming the applicant as the assured, and providing for the payment of any liability imposed by law upon such applicant to the extent of $/~0~ for each per- son for bodily injury liability each accident, and $~_~_~ for bodily injury liability each accident and $~-~Q each accident property damage liability. Upon execution of said bond and certificate and their approval by the City, the Building Inspector shall inspect, or cause to be inspected, the equipment and facilities to be used by said mover and shall determine that the size, design, safety features and equipment of the vehicle and appurtenances are such that their operation on p~lic property shall not cause damage to the pavement or other public improvements and that the knowledge and experience of the operators is such that the operation of such equipment shall not create a hazard or inconvenience %o the p~lic and, upon appro- val of such equipment and facilities and payment of the license fee, the license shall be issued to said mover. The license and policy shall run concurrently with the bond, and all such li- cense shall expire on the 31st day of December next following. It shall be unlawful for any mover to lend, rent or transfer his license, or any right therein contained, to any person, firm or corporation, or for any person to make use of any such rights that are not actually his own. Moving subcontractors shall be li- censed and bonded as herein provided. No licensed mover shall allow his or her, or their, names to be used by any person, directly or indirectly, to obtain moving permits except as provided herein. Nothing herein shall require a license for the move- ment of super-heavy or over-sized equipment for the transporta- tion of co~odities over any state or federal highway within the city limits of the City when such movement is with a valid permit from the State Highway Department, as required by Texas Revised Civil Statutes, Article 6701-A, and when evidence of such permit is presented to the Building Inspector. SECTION 2. PERMITS FOR MOVING OF STRUCTURES. No building or structure shall be moved over, across, or along any street, public way or public place, within the City un- til the mover has first obtained a "moving permit" and, if said structure is to be moved to a place within the City, a "building permit" must also be obtained. (A) "MOVING PERMIT" Moving permits shall be issued only to licensed movers by the Building Inspector. Where the structure is to be moved to a location wi~]in the City, a moving permit may not be issued unless issued after the issuance of a regular building permit. The Building Inspector of the City shall collect from mover, in connection with the issuance of the moving permit, an inspection fee of $ ~,~ where such structure is to be moved to a location within the corporate limits of the City and · ~/ where such structure is to be moved in such a manner that it will pass over or through any part of the City but will be located and finally placed at a point outside the corporate limits of the City. Independent School Districts and all churches in ~]e City shall be exempt from all inspection and moving fees. However, such exemption does not relieve any School District or church from posting the necessary bond and taking out the necessary permits to do such moving, nor shall such exemption be construed as to allow the moving into the City of any building precluded by the ordinances of the City. (B) BUILDING PERMITS WHEP~ STRUCTURE IS TO BE MOVED TO A LOCATION WITHIN THE CITY - ADDITIONAL INSPECTION FEES REQUIRED Where a structure is to be moved to a location within the City, the Building Inspector shall collect in addi- tion to the fees set forth in Section 2, above, $ if the structure which is to be moved is located within ten (10) miles from the corporate limits of the City; the fee shall be $ .,~i~>~ ~t~e~-lO¢ per mile for the distance which exceeds ten (10) miles from the corporate limits of the city. To move a building from one place in the City to another place in the City, this additional inspection fee shall be $ In the event the fee provided for herein has been paid and the inspection reveals that said building does not com- ply with the requirements of the ordinances of the City and may not be brought into the City, or, if the owner is of the opinion that he cannot meet the requirments set by the building inspector before he would issue a certificate of occupancy, no refund shall be made of the above inspection fee and the entire amount shall be retained by the City to cover the costs of such inspection; however, in such situation, the fee provided for in Section 2 of this Ordi- nance shall not be collected and, if same has been previously collected, it shall be refunded to the applicant. In no event shall a moving permit be issued until the building permit has been issued. Also, no building permit shall be issued unless the building inspector has inspected the structure to be moved into the City and provided the owner with a list of requirments which must be completed before a certificate of occupancy will be issued. In each case, whether listed or not, the owner of the house being moved into the City will have to bring such into compliance with all the Building Ordinances and Codes of the City and failure to do so shall be a violation of this Ordinance, even though a Certificate of Occupancy has been issued. SECTION 3. APPLICATIONS FOR MOVING PE~IT. Any mover desiring to move a building into or across the City shall file with the Building Inspector a written application setting forth the type and kind of building to be moved; the original cost of such building; the extreme dimen- sions of the length, height and width of the building; its pre- sent location and proposed new location by lot, block, subdivision and street numbers; the approximate time such building will be upon the street, and the contemplated route that will be taken from present to new location; and such other information as may be required by the Building Inspector. Before such application for permit is made, the house mover shall make arrangements with the public utilities, railroads, and other persons, firms or corporations whose facili- ties are involved in such movements, for the removal, relocation and replacement of wires, poles, or other improvements, to en- able the building or structure to be moved wi~ proper clearance as provided in Section 8 of this Ordinance. The application and other information furnished by the applicant shall be examined and the building, or structure sought to be moved, inspected, as provided for herein, by the Building Inspector, and, if found to be in conformity with the requirements of this ordinance and with all other laws and ordinances applicable thereto, and the Building Inspector has issued the owner thereof a Building Permit, he shall issue a "Moving Permit" to the mover, upon receipt of the required fees, as provided for herein. Upon the issuance of said permit, the Building In- spector shall cause notice to be given to the Police and Fire De- partment, and the house mover shall notify the railroads and any other who may be affected by the temporary obstruction of the street and/or right-of-way. If the exact time of the move is not known when the moving permit is issued, the mover shall also be required to notify the Police, Building Inspector and Fire Department when the move is to be made and the actual time of the move must be approved by the Building Inspector. SECTION 4. ADDITIONAL BUILDING REQUIRMENTS. In addition to all other requirements of the building code or building ordinances, all buildings moved to any place within the City shall be completely painted on the outside surfaces and adequate window screens and screen doors shall be attached to such building. However, the painting requirements herein shall be waived if the building, when located, is veneered with brick or other building stone, or is covered with asbestos or other finished siding and all trim has been painted. Such painting or veneering and any outside repair work required by the Building Inspector shall be done within the time prescribed by the Building Inspector in the Building Permit, and any extension of such time shall be granted by the City Council only. The Building Inspector is here- by directed to include in the requirments conditioning the Build- ing Permit, such requirments necessary to make the finished structure compatible with the other structures within the area. If a structure is to be moved into an area containing only brick or building stone homes, the structure to be moved must be of a similar material or veneered with brick or other building stone after the move, and, in such a case, the Building Inspector shall make this a requirment or condition to the issuance of the Building Permit. Any person shall have the right ,to appeal any such decision of the Building Inspector directly to the City Council. SECTION 5. ESCORT. No person, firm or corporation shall move any build- ing or structure across or along any street, public way or public place with the City unless accompanied or escorted by a police officer designated by the Chief of Police. SECTION 6. PUBLIC SAFETY REQUIREmeNTS. (A) Lights required. Every building which occupies any portion of public property after sundown, shall have sufficient lights continuously burning between sunset and sunrise for the protection of the public. (B) Number and Location. There shall be a minimum of five red lights placed on each street side of the bulding; such red lights shall be attached to the building in such a fashion as to indicate extreme width, height and size. (C) Flares required. There shall be placed, in addition to the red lights on the building, flares at regular in- tervals for a distance of two hundred feet up the street on each side of the building. (D) Flagmen required. %~hen more than fifty per cent of the street, measured between curbs, is occupied at night by the building, or when,in the opinion of the building inspector, flagmen are necessary to divert or caution traffic,the owner or person moving such building shall employ at their expense, two flagmen, one at each street intersection beyond the building; such flag- men shall remain at these intersections, diverting or cautioning traffic from sunset to sunrise. Red lights shall be employed in flagging traffic at night. SECTION 7. COMPLIANCE WITH CODES. Any residence or other building brou~]t into City shall comply with all of the requirements of the Electrical Code, Plumbing Code, Building Code and Zoning Code Ordinance of the City and it shall be illegal and an offense to bring into the City any building which does not comply with the requirements of the said Electrical Code, Plumbing Code, Building Code and Zoning Code. SECTION 8. CLEARANCE. It shall be unlawful to operate or attempt to operate any vehicle over, along or across any street, public way or public place,unless the length, width and height of such ve- hicle, including the load, is less than the clearance of any structure, facility, appurtenance, power of communication line, warning, instructive or protective device, mail box or other im- provement on public property, the location and condition of which complies with all legal requirements of State statutes or City Ordinances. No house mover shall cut or handle power or communi- cation lines. SECTION 9. CLEAN-UP. Whenever a building or structure is removed, the premises shall be left free from unsafe, unsanitary or hazardous condition, including the cleaning up of the lot, restoration of the established grade, and the erection of any necessary wall or fence. SECTION 10. ~40VING OF HEAVY EQUIP~4ENT. No heavy, motor-driven equipment or machinery, drag line, shovel, tractor with lugs, or similar device,shall be operated under its own power over the streets of the City but shall be transported on trailer, truck, or other vehicle equipped with rubber tires on the route specified by the Build- ing Inspector. SECTION 11. EMERGENCY. No building or other structure for which a permit has been granted shall be allowed to remain park~ or stand upon the public streets or other public property except in cases of emergency, in which event the building or other structure must be removed from the public streets or other public property within forty-eight (48) hours after the emergency has arisen. In such cases, there shall be paid to the City a fee of $ /~ for each day that such building or other structure remains upon public streets or other public property within the corporate limits of the City. SECTION 12. SEWER AND WATER CONNECTIONS. After any residence or other building has been moved into the City, it shall be illegal and an offense for any person to occupy said residence or other building until said building has been connected to the sanitary sewer and water systems of the City or to a septic tank approved by the City. SECTION 13. REMOVAL OR DESTRUCTION OF STRUCTURES MOVED INTO THE CITY WHICH ARE NOT BROUGHT INTO COMPLIANCE WITH CITY ORDINanCES. Any building moved into the City without proper permit or any structure moved into the City under a valid permit which has not, within one year from the date of such permit, been brought into compliance with the requirements of all ordinances of the City or has failed to meet any requirements or condition made a part of the building permit or any certificate of occupancy, shall be deemed a public nuisance and the City Council may issue an order that such building be moved or demolished. A copy of such Order shall be served upon the owner, lessee, mortgagee and any other person having an interest in the building or structure as shown by the Deed Records of the County. Service of such Order shall be by Certified Mail, Return-Receipt Requested. If, at the expiration of thirty (30) days from the date of such notice, as shown on the return receipt, the building ordered moved or demolished has not been moved or demolished, the City Council may direct the City Attorney to file suit in any Court of competent jurisdiction and, if such Court shall determine said building to be a public nuisance, the same shall be moved or demolished at the expense of the owner by the City, or its contractor. The City shall in each such case receive bids to move or demolish, which shall include sale to the contractor making such bid all salvageable materials from such building. The net cost of the move or demolition shall be charged to the owner, and, if any balance remains, it shall be held for the owner or other parties entitled thereto. If the cost of such move or demolition exceeds the value of materials of such building or structure, such excess shall be charged as a lien upon the real property on which the building is situated. Provided, however, the Building Inspector shall, before any such order is issued, make the same inspection and give the same notices as required for vacant buildings in Ordinance Number :. SECTION 14. It shall be illegal and an offense for any person to occupy a residence or building, or use any such build- ing which has been moved into the City, without first having obtained a Certificate of Occupany from the Building Inspector. The Build- ing Inspector shall not issue such certificate of occupancy until he is satisfied that such structure is in compliance with the re- quirements of all Ordinances of the City. SECTION 15. It shall be illegal and an offense for any person to move into the City any residence or other building that does not comply with the requirements of this ordinance. It shall also be illegal and an offense for any person to move into the City any residence or other building without first having paid the fees and obtained the permit provided for herin. SECTION 16. It shall be illegal and an offense for any persons to occupy a residence or building which has been moved into the City in violation of any of the requirements or provi- sions of this ordinance. SECTION 17. It shall be illegal and an offense for the owner of any building or residence which has been moved into the City in violation of the provisions of this ordinance to permit said building to be occupied. SECTION 18. In addition to any other penalties herein provided for, should any person, firm or corporation violate any of the provisions of this ordinance, the City Council may either revoke or suspend the license issued to such person, firm or corporation for such length of time as it in its discretion shall deem necessary, and its decision shall be final. Notification of such revocation or suspension shall be given in writing by the Mayor to the person holding the license. SECTION 19. REPEALING CLAUSE: All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are here- by repealed. SECTION 20. SEVERABILITY CLAUSE: If any article, paragraph, or sub-division, clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or uncon- stitutional. SECTION 21. PENALTY CLAUSE: Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined not to exceed the suI~ of two hundred dollars ($200.00) for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 22. EMERGENCY CLAUSE: The fact that the present City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this ~-- day of~~/t~ 1972. ~IAYOR CITY SECTETARY APPROVED AS TO FORM: CITY ATTOt~N~Y -