HomeMy WebLinkAbout1977 Ordinance No. 008• ...
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INTRODUCED AS A BILL BY COUNCILMAN SMITH
BY AUTHORITY
ORDINANCE NO. 8 , SERIES OF 1977
AN ORDINANCE REPEALING AND REE NACTING SECTIONS 1 THROUGH 30,
INCLUSIVE, ARTICLES I AND II, CHAPTER 8, TITLE III, OF THE
1969 ENGLEWOOD MUNICIP~L CODE ENTITLED "MOVING AND WRECKING".
NOW, THEREFORE, BE IT ORDA INED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO , as follows:
Section 1.
That Sections 1 through 30, inclusive, Articles I and
II, Chapter 8, Title III of the 1969 E.M.C., entitled
"Moving and Wrecking", are hereby repealed in their entirety
and reenacted to r ead as follows :
CHAPTER 8
MOVING AND WRECKING
Section
Article I -House Moving
Subject
3-8-1
3-8-2
3-8-3
3-8-4
3-8-5
3-8-6
3-8-7
3-8-8
3-8-9
3-8-10
3-8-11
3-8-12
3-8-13
3-8-14
3 -8-15
3-8-16
3-8-17
3-8-18
3 -8-19
3-8-20
Definitions
Mov er 's Li cense-A plication-Fe e -Insurance
Moving Permit R quired
Permit-Application
General Provisions/Structures Located in the City
Planning Commis sion Approval: Buildings in Commercial
Districts and Four or More Dwelling Units
Inspection Required
Permit-Fee-Expiration
Performance Bonds -S tructure Mover and owner
Cash Deposit
Use of State Highway -Prior Approval Requested
Structure Moved to Another Jurisdiction
Preparation for Mo ving a Structure
Site Maintenance
Traffic Hazard-Preventive Measures
Advance Posti ng of Route
Time of Mov ement
Notice to Utility Companies
Stripping, Salvaging, Sales-Prohibited
through 3-8-24 (Reserved)
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3-8-25
3-8-26
3-8-27
3-8-28
3-8-29
3-8-1:
Article II -Demolition of Structures
Demolition License Requi red-Fee-Insurance
Demolition Permit-Require ment s
Application for Dem oli i on Permit
Miscellaneous Requir me nts
Penalties-Nuisance
Art.cle I -House Moving
DEFINITIONS
As used in this Chapter, the f ollowing words and phrases
shall be deemed to mean he f o llowing :
(a) "Structure Mover": a ny person , firm or corporation
engaged in the movement or transportation of houses,
buildings, structures , or any portions thereof,
within or through the City of Englewood.
(b) "Structure ": any house, building, edifice, or
portion thereof; e xce ?t a mobile home which will
not be placed on a perman e nt foundation .
(c) "Necessary Construction ": all foundation, structure,
electrical , plumbing and heating construction and/or
installation required to bring the structure into
compliance with the current Building Code.
(d) "Demolition": razing, burning , or otherwise destroying
a structure .
3-8-2: OVER'S LICE SE-APPLICATION-FEE-IN SURANCE
(a) o "structure mover" as defi ned herein shall make
application for a Moving Permit without first having
applied for and rec e ive d a "Mover's License" from
the City L·cens 0 f "c (Section 9-1-1).
(b) Said Mover's License Fee shall be Fifty ($50.00) Dollars
annually which sum shall accompany the application for
said license.
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(c) Prior to issuance of any license, the applicant
shall provide proof of insurance by submitting a
certificate of insurance to the Director of Finance
indicating that the following minimum insurance
coverages are in effect:
Public Liability and Property Damage
Death or injury to any one person
Total liability in any accident
Property damage
Over three (3) stories
or excess, "Umbrella" policy
Coverage
$ 100,000.
300,000.
50,000.
1,000,000.
(d) The insurance shall cover the liability of the Mover
with respect to all work performed by and any vehicles
used by him or his agents, subcontractors, or employees,
and shall hold the City harmless from any liability
arising out of the work authorized by the permit.
3-8-3: MOVING PERMIT REQUIRED
(a) No person, firm or corporation shall perform any of
the following without first having secured a Moving
Permit from the Code Enforcement Division of the
Department of Community Development:
(1) Move or raise any structure from its foundation.
(2) Move any structure to a site within the City.
(3) Move any structure along or across any public
street of the City.
(b) Exceptions: A Moving Permit shall not be required
to move a construction shack as determined by the
Chief Building Official or for portable structures
having a maximum floor area of 100 square feet.
3-8-4: PERMIT-APPLICATION
(a) The form for an application for a Mover's Permit
shall be furnished by the Code Enforcement Division
of the Department of Community Development and shall
contain the following information:
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(1) Name, address and telephone number of
the applicant.
(2) Address of present location of structure.
(3) Address of proposed location to which the
structure is to be moved.
(4) Date and time of proposed movement of
structure.
(5) Proposed route to be used in movement of
structure .
(6) Description and size of the truck and other
equipment proposed to be used in the movement
of the structure.
3-8-5: GENERAL PROVISIONS/STRUCTURES LOCATED IN THE CITY
(a) All structures moved within or into the City of Engle-
wood shall comply with all provisions of the Uniform
Building Code for new structure s and all required
Moving Permits, therefore, shall be obtained prior
to any work being performed.
(b) No structure shall be moved onto a site within the
City until the necessary foundation therefor has been
completed, inspected and approved.
(c) If the structure is proposed to be located on a site
within the City of Englewood, the following additional
information shall be submitted with the application:
(6 copies of each document)
(1) A plot plan, drawn to scale with appropriate
dimensions giving the legal description and
measurements of the proposed site; the pro-
posed location of the structure or structures
on the proposed site and any proposed additions:
size and location of any existing or proposed
buildings on or to be constructed on the proposed
site.
(2) Elevation sketches, drawn to scale and with
appropriate dimensions , representing at least
two (2) sides of the structure(s) as they are
proposed to appear after the structure is moved
to the proposed site and all necessary con-
struction is completed.
(3) A floor plan sketch, drawn to scale and with
appropriate dimensions, showing the structure(s)
as proposed to be completed on the proposed site .
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(4) A statement describing the size, spacing
and span of floor joists, the size and spacing
of studs, the ceiling heights of rooms, size ·
and spacing of roof rafters, type of roof and
covering, type of heating plant and plumbing
and type of construction (frame, brick, etc.).
(5) A statement describing proposed additions, repairs,
and remodeling.
(6) Certificates assuring that bonding and insurance
requirements have been met.
PLANNING COMMISSION APPROVAL: BUILDINGS IN COMMERCIAL
DISTRICTS AND FOUR OR MORE DWELLING UNITS.
(a) No permit for moving a building for which a Building
Permit is required into a commercial zone district
or for a structure having four (4) or more dwelling
units to a site within the City shall be issued until
plans therefor have been submitted to and approved
by the City Planning and Zoning Commission.
(b} Twenty-five (25) copies of the information required
in Section 3-8-4(a) and Section 3-8-5(c) shall be
submitted with the application.
(c) The Planning Division Staff shall refer copies of
the application, together with all other data, to
all applicable agencies. The Staff shall prepare
a report thereon for the information of the Planning
Commission .
(d) The City Planning and Zoning Commission shall hold
a public hearing to con sider the application; notice
of such hearing being given by posting the property
and by notice in the official newspaper for not less
than fifteen (15) days prior to said hearing.
(e) Prior to approving the application, the Commission
shall find that the proposed development will not
be detrimental to the neighborhood by reason of
traffic congestion, restriction of light and air
or unusual characteristics of the proposal.
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(f) The City Planning and Zoning Commission may dis-
approve the application if the proposed structure
is out of character with the structure(s) in the
block or facing block of the proposed site by
reason of bulk, height, siting characteristics, or
design so as to cause such structure to be sub-
stantially inconsistent with the character of the
surrounding neighborhood or to cause a substantial
depreciation in property values in the immediate
neighborhood.
INSPECTION REQUIRED
All structures proposed to be moved into the City of Engle-
wood shall be inspected by both the Code Enforcement and
Traffic Engineering Divisions prior to issuance of a permit.
3-8-8: PERMIT-FEE-EXPIRATION
A Moving Permit fee for a structure to be moved to a
site within the City of Englewood shall be Fifty ($50.00)
Dollars and for structures to be moved through or out of the
City shall be Twenty-five ($25.00) Dollars.
All said Moving Permits shall expire sixty (60) days after
date of issuance.
3-8-9: PERFORMANCE BONDS-STRUCTURE MOVER AND OWNER
(a) Structure Mover
A Performance and Completion Bond, or other insurance
bond acceptable to the Chief Building Official,
together with proof thereon in writing by the
insuring company, shall be posted by the Structure
Mover prior to issuance of the Moving Permit. Said
Bond shall be in an amount determined by the Chief
Building Official based on the estimated cost of
raising the structure from the exis~ing foundation,
moving the structure to the new site, placing the
structure on the new foundation, as well as the cost
of cleaning, filling, and leveling the site from
which the structure was moved in the City of Engle-
wood, within forty-eight (48) hours of the removal.
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• (b} owner
A Performance and Completion Bond, or other in-
surance bond acceptable to the Chief Building
Official, together with proof thereon in writing
by the insuring company, shall be posted by the
owner of the site to which the structure is moved
prior to issuance of a permit for necessary con-
struction. The bond of at least Five Thousand
($5,000.00) Dollars, shall insure the completion
of the necessary construction, and installations
required to bring the moved structure into com-
pliance with the applicable City Codes. Said Bond
shall be increased above the minimum Five Thousand
($5,000.00) Dollars if the Chief Building Official
determines that the anticipated costs of the neces-
sary construction as above set out will exceed Five
Thousand ($5,000.00) Dollars. In such case, a bond
in an amount at least equal to the sum of the
anticipated costs shall be required.
3-8-10: CASH DEPOSIT
A cash deposit in the amount of One Hundred ($100.00)
Dollars, shall be posted by the Structure Mover with the
Chief Building Official prior to issuance of any Moving
Permit. Said Deposit may be used to repair damages to
public property in the event the Structure Mover does not
repair the damages within thirty (30) days of written notice
by the Chief Building Official.
3-8-11: USE OF STATE HIGHWAY-PRIOR APPROVAL REQUIRED
If a strucutre is to be moved from a site in Englewood
and the mover proposes to utilize a State Highway as part
of the route, the Code Enforcement Division shall notify the
State Highway Department of the proposed move on the day the
Moving Permit is issued after 4:00 P.M.
3-8-12: STRUCTURE MOVED TO ANOTHER JURISDICTION
If the structure is proposed to be moved from a site in
Englewood to a site in another jurisdiction, the Code
Enforcement Division shall give written notice to the
appropriate official in the jurisdiction exercising control
over the site to which the structure is to be moved. Such
notice shall be given as soon as possible after the permit
is issued and is made to insure that the timing of the move
can be coordinated between the two jurisdictions.
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(b) Owner
A Performance and Completion Bond, or other in-
surance bond acceptable to the Chief Building
Official, together with proof thereon in writing
by the insuring company, shall be posted by the
owner of the site to which the structure is moved
prior to issuance of a permit for necessary con-
struction. The bond of at least Five Thousand
($5,000.00) Dollars, shall insure the completion
of the necessary construction, and installations
required to bring the moved structure into com-
pliance with the applicable City Codes. Said Bond
shall be increased above the minimum Five Thousand
($5,000.00) Dollars if the Chief Building Official
determines that the anticipated costs of the neces-
sary construction as above set out will exceed Five
Thousand ($5,000.00) Dollars. In such case, a bond
in an amount at least equal to the sum of the
anticipated costs shall be required.
3-8-10: CASH DEPOSIT
A cash deposit in the amount of One Hundred ($100.00)
Dollars, shall be posted by the Structure Mover with the
Chief Building Official prior to issuance of any Moving
Permit. Said Deposit may be used to repair damages to
public property in the event the Structure Mover does not
repair the damages within thirty (30) days of written notice
by the Chief Building Official.
3-8-11= USE OF STATE HIGHWAY-PRIOR APPROVAL REQUIRED
If a strucutre is to be moved from a site in Englewood
and the mover proposes to utilize a State Highway as part
of the route, the Code Enforcement Division shall notify the
State Highway Departmcn of h proposed move on the day the
Moving Permit is issued after 4:00 P.M.
3-8-12: STRUCTURE MOVED TO ANOTHER JURISDICTION
If the structure is proposed to be moved from a site in
Englewood to a site in another jurisdiction, the Code
Enforcement Division shall give written notice to the
appropriate official in the jurisdiction exercising control
over the site to which the structure is to be moved. Such
notice shall be given as soon as possible after the permit
is issued and is made to insure that the timing of the move
can be coordinated between the two jurisdictions •
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3-8-13: PREPARATION FOR MOVING A STRUCTURE
(a) In preparation for moving a structure, the applicant
shall, or shall cause:
(1) The openings in the vacated structure to be
protected with suitable coverings to prevent
unauthorized entry or vandalism.
(2) The power to all service lines to be shut off
and all such lines disconnected outside of the
property lines.
(3) The disconnection and capping of all gas, water,
steam, sewer and other service lines outside of
the building line, curb line or at the main
transmission line as directed by the company pro-
viding the service.
(4) The notification, in advance, of all utility
companies providing service to the site and
their approval obtained prior to the disconnection.
(5) The payment of all costs of utility disconnections,
capping, and bills for service.
(b) No structure shall be raised from its foundation in
preparation for moving until within forty-eight (48)
hours of the approved time of moving. The Director
of Conununity Development may, upon show of due cause
by the Structure Mover, issue written approval for an
extension of the above time.
3-8-14: SITE MAINTENANCE
The Structure Mover shall clean or cause the cleaning
of the site from which the structure was taken by removing
all debris, material or equipment. Further, said mover shall
fill all holes and irregularities of the site within forty-
eight (48) hours after removal of the structure to the
satisfaction of the Chief Building Official.
3-8-15: TRAFFIC HAZARD-PREVENTIVE MEASURES
(a) If, in the judgement of the Traffic Engineering
Division, the moving of a structure may create a
traffic hazard, a police escort, or other escort,
may be required to be provided by the Structure
Mover for the purpose of regulating traffic along
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(b )
3-8-1 6 :
the route of the move. Where such escort is
required, the expense shall be borne by the
Structure Mov r. The escort shall not have the
authority to waive or vary any of the requirements
of the Permit or applicable sections of the Code.
A flashing red light shall be required at each main
c orner of the structure being moved and at the end
of any projection thereon when the structure is
located within a public right-of-way.
ADVANCE POSTING OF ROUTE
When it is determined by the Traffic Engineering Division
tha t t he movement of a struct ure along an approved route would
be impeded by vehicles parked within the public right-of-way,
the Traffic Engineering Division shall post "No Parking"
signs along such rights-of-way at least forty-eight (48)
hours prior to the structure move. The Structure Mover
shall pay the cost of posting the said "No Parking" signs
as determined by the Traffic Engineering Division. The
Traffic Engineering Division is hereby authorized to move,
or cause to be moved, any vehicle parked in violation of such
signs.
3-8-17: TIME OF MOVEMENT
The time of movement of a structure shall be approved
by the Traffic Division, the Police Department and the Fire
Department, and if the structure is to be moved over a State
Highway, the time of such move shall be coordinated with
the State Highway Department. The Structure Moving Permit
shall become null and void unless the move is completed
within the specified time approved on the permit; provided,
however, that the Director of Community Development may
extend the time period of the move for forty-eight (48)
hours after consulting with t he Traffic Division, the Police
Department and the Fire Departme nt. Such extensions shall be
permitted only when the moving at the original time is rendered
impracti cal by reason of inclement weather, strikes, or other
causes beyond the control of the Structure Mover.
3-8-18 : NOTICE TO UTILITY COMPANIES
At least three (3) days prior to the proposed move, the
Structure Mover shall notify all utility companies maintaining
poles, lines or equipment within the public right-of-way of
the approved route.
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3-8-19: STRIPPING, SALVAGING, SALES-PROHIBITED
Stripping, salvaging and/or sales of parts or materials
of a structure is prohibited on the premises from which the
structure is to be moved or to which the structure is to be
moved.
3-8-20 through 3-8-24 (Reserved)
Article II -Demolition of Structures
3-8-25: DEMOLITION LICENSE REQUIRED-FEE-INSURANCE
(a) No person, firm or corporation shall make application
for a Demolition Permit without first having applied
for and received a Demolition License from the City
License Officer (See Section 9-1-1).
(b) Said annual Demolition License Fee shall be Fifty
($50.00) Dollars which sum shall accompany the
application for said License. Excavating contractors
licensed by the City shall not be subject to this fee.
No License Fee shall be required of an owner of a
single-family dwelling doing such work ·Or having
such work done in compliance with an order issued
by the Code Enforcement Division on his or her own
premises.
(c) Any such person, firm or corporation having received
a Demolition License and applying for a permit to
demolish any structure shall be covered by public
liability and property damage insurance at least
in the following minimum amounts:
Liability and Property Damage
Death or injury to any one person
Total liability in any one accident
Property damage
Coverage
$ 50,000.
300,000.
50,000.
The insurance shall cover the liability of the
permit holder with respect to all work, and
vehicles used by th~ permit holder or his agents,
subcontractors, or employees and shall hold the City
harmless from any liability arising out of the work
authorized by the permit.
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3-8-26: DEMOLITION PERMIT-REQUIREMENTS
(a) No structure within the City of Englewood shall be
demolished unless and until a permit therefor has
been issued by the Code Enforcement Division of the
Department of Community Development.
(b) A separate Demolition Permit shall be required
for each structure to be demolished. The permit
shall be kept on the premises during the demolition,
and shown, on demand, to any authorized agent of
the City of Englewood.
(c) The permit fee shall be Fifty ($50.00) Dollars and
shall expire sixty (60) days after the date of
issuance. No fee shall be required of an owner of
a single-family dwelling doing such work on his own
premises or for the owner of a building for which
a demolition order has been given by the Code
Enforcement Division.
(d) A Performance and Completion Bond shall be required
by the person, firm or corporation proposing to
complete the demolition prior to the issuance of
any permit. Said bond shall be in an amount to be
determined by the Chief Building Official based on
the estimated cost to assure completion of the
proposed work, including that work necessary to clean,
fill and level the site within forty-eight(48)
hours after the structure is demolished.
3-8-27: APPLICATION FOR DEMOLITION PERMIT
(a) Persons holding a Demolition License can obtain
an application for a Demolition Permit from the
Code Enforcement Division of the Department of
Community Development. The Application shall con-
tain the following information:
(1) Name, address and telephone number of the applicant.
(2) Name, address and telephone number of the owner of
the structure to be demolished.
(3) Address of the proposed demolition.
(4) Starting date and proposed time period during
which the demolition would occur.
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(a) When the demolition has commenced, it
shall be diligently prosecuted and com-
pleted within the specified time.
(5) Description of the proposed method of demolition
as proposed methods of public protection (such
as dust control, security, etc.)
3-8-28: MISCELLANEOUS REQUIREMENTS
Prior to the Demolition of any structure:
(a) The power to all service lines shall be shut off
and all such lines shall be disconnected outside
of the property lines.
(b) All gas, water, steam, sewer and other service
lines outside of the building line, curb line
or at the main transmission line shall be discon-
nected and capped as directed by the company pro-
viding the service.
(c) Notification shall be given in advance to all of
the utility companies providing service to the
site and their approval shall be obtained prior to
the disconnection.
(d) All costs of utility disconnections, capping, and
bills for service shall be paid.
(e) Special traffic, parking and/or pedestrian pro-
visions shall be provided at the applicant's
expense if they are required by the Chief Building
Official.
(f) The sale of any parts or materials from the structure
shall be prohibited on the premises.
(f) The site shall be cleaned, filled and leveled within
forty-eight (48) hours after the structure is
demolished.
3-8-29: PENALTIES-NUISANCE
The moving or demolition of any structure within the
City of Englewood in violation of any provision of this
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Article is hereby declared to be a public nuisance and,
upon application of the Director of Conununity Development,
the City Attorney is hereby authorized and directed,
without the necessity of further authority of the City
Council, to institute such legal proceedings as may be
necessary to obtain a judicial abatement thereof. In
addition, the violation by any person of any provision of
this Article may be prosecuted as other violations of
Municipal Ordinances, and shall subject the violator to
those fines and penalties as are provided for in Chapter 2
of Title I of this Code.
Section 2.
The provisions of these Articles are hereby declared
to be severable, and if any section, provision, or part thereof
shall be held unconstitutional or invalid, for any reason,
the remainder of this Ordinance shall continue in full force and
affect, it being the legislative intent that these Articles
would have been adopted even if such unconstitutional or invalid
matter had not been included therein.
It is further declared that if any provisions or part hereof,
or the application thereof, to any person or circumstances are
held invalid, the remainder of said Articles in the application
thereof to other persons shall not be affected thereby.
Section 3.
The provisions of any ordinance in conflict herewith are
hereby expressly repealed.
Introduced, read in full and passed on first reading
on the 4th day of April, 1977.
Published as a Bill for an Ordinance on the 6th day
of April, 1977 .
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Read by title and passed on final reading on the 18th
day of April, 1977.
Published by title as Ordinance No.
of 1977, on the 20th day of April, 1977.
ATTEST:
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ex ~Oyelerk-Tre¥"surer
8 , Series
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I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance, passed on final reading and published by title
as Ordinance No. 8 , Series of 1977 •
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