§ 4-3. Moving of buildings or structures.

(a)

Permit required. No person shall engage in the moving, transporting, or conveying of any structure or building along, across or over any public street, alley, or highway or other public place without obtaining the appropriate demolition, building and moving permits as applicable from the building inspection department. However, no permit will be required to move a building or structure being moved over any state or federal highway within the city provided it is being moved under Texas Highway Department permit and when the moving route is confined to a state or federal highway.

(b)

Application for permit.

(1)

An applicant desiring to engage in the moving of a building or structure within the city limits shall file with the building official a written application upon forms provided for that purpose, for each structure to be moved, which shall be signed by the applicant or his authorized agent.

(2)

When an application for a permit has been filed with the building inspection department in the official form, the building official shall, within a period of 30 days from the date of filing, approve or deny the application. If the application is denied, the applicant shall be entitled to a written statement setting forth the reason for denial.

(3)

The approval of an application and the issuance of the required permits will not prevent the building official from thereafter requiring correction of damage or prevent moving which would violate or disturb the public peace, general welfare, or public safety, or would create a nuisance.

(4)

The building official may, at any time, require additional information of the applicant relative to his application.

(c)

Surety bond required. The applicant shall also file with the building inspection department a surety bond by a surety acceptable to the city in the sum of not less than $5,000.00, which bond shall protect the city from all costs, damages, and suits which may result from the removing of any vehicle, equipment or load from the public right-of-way or from injury to any person or property that in any manner may arise from the use of any street, alley, or public place in the moving of any building or structure. Thirty days notice must be given the city in event of any material alteration or cancellation of the bond by the surety.

(d)

Proposed moving route to be filed. The applicant shall file with the chief of police a proposed route from origin to destination. This filing shall also include a description of the vehicles to be used, trucks and trailers, the license numbers of said vehicles, the height, length, and weight of load, and the approximate time the move is to be made. The proposed route and time is subject to the approval of the chief of police. The approval of the time and route by the chief of police shall not authorize cutting or removing of trees or branches, the adjustment of wires, utilities, signs, markers, or public facilities, or violation of any provision of this Code or applicable ordinances.

(e)

Public liability and property damage insurance required. The applicant shall procure and keep in full force and effect a policy of public liability and property damage insurance issued by a casualty insurance company authorized to do business in the state and in the standard form approved by the board of insurance commissioners of the state, with the insured provision of the policy including the city as insured, and the coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of the moving of a building or structure by the applicant and providing that the amount of recovery shall be in limits of not less than the following:

(1)

For damages arising out of bodily injury to or death of one person in any one accident ..... $100,000.00;

(2)

For damages arising out of bodily injury to or death of two or more persons in any one accident ..... $300,000.00;

(3)

For injury to or destruction of property in any one accident ..... $50,000.00.

(f)

Refusal to issue permits; revocation. The building official shall refuse to issue or revoke moving permits for any of the following reasons:

(1)

The making of any false statement as to a material matter in an application for permits;

(2)

Conviction of the applicant of any violation of this section;

(3)

Failure of the applicant to acquire the requisite bond and insurance;

(4)

Failure of the applicant or his agent to maintain his vehicles and equipment in a good, safe working condition;

(5)

Reasonable belief that the building or structure could not be moved without endangering the public welfare and safety or may cause damage to public or private property.

Written notice shall be given to the applicant for any revocation of permit.

(g)

Moving structures from outside the city limits prohibited. No person shall move buildings into the city limits from outside the city limits, except in the following circumstances:

(1)

A structure being moved into the city for historical preservation which meets one or more of the criteria of historical significance and the structure is being moved to a site which is declared a historical landmark;

(2)

Prefabricated structures being moved as assembled units from factory sites to a destination site or sales lot within the city limits; and/or

(3)

A structure may be moved through the city from outside the city limits, if the destination site is outside the city, either pursuant to a state highway permit if the move is over a state or federal highway or otherwise pursuant to this section.

(h)

When escort required. No person shall move any building or structure for which a permit is required by this section, across or along any public way within the city limits unless accompanied or escorted by a person approved by the chief of police and the building official. If the mover does not have an approved escort, he may request that a police escort be made available. The approval of this request shall be wholly within the discretion of the chief of police and the fee for such police escort shall be as provided for in the fee schedule found in Appendix 1 of this Code.

(i)

Parking, standing or storage prohibited. The building official is hereby authorized to remove, or have removed, any vehicle, equipment or load left parked or standing by a mover on any portion of the public right-of-way or other temporary storage place when the mover fails to remove the same within a reasonable time. All costs incurred shall be charged to the mover. No further permits shall be issued to a mover until the encroachments have been removed and costs have been paid. Failure to pay such costs shall result in recovery of such costs from the mover's surety bond.

(Code 1968, § 7-6.1, as amended by Ord. No. 1395 of February, 1985; Code 1968, §§ 7-6.3—7-6.5; Ord. No. 1385, 2-5-85; Ord. No. 1395, 2-5-85)