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HomeMy WebLinkAbout1975 Ordinance No. 036• . ' • • • INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 36 , SERIES OF 1975 AN ORDINANCE REPEALING ARTICLE I AND II, (CHAPTER 8) TITLE III, OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED "MOVING" AND "WRECKING" AND REENACTING THE SAME WITH AMENDMENTS. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 1 through 17, inclusive, Article I, Chapter 8, Title III of the 1969 Englewood Municipal Code entitled "Moving", are hereby repealed and reenacted to read as follows: 3-8-1 DEFINITIONS As used in this Chapter, the following words and phrases shall be deemed to mean the following: (a) (b) (c) (d) "Structure Mover• any person, firm or corpor- ation engaged in the movement or transportation of houses, buildings, structures, or any por- tions thereof, within or through the City of Englewood. "Structure" any house, building, edifice, or protion thereof. "Necessary Construction" all foundation, structure, electrical, plumbing and heating construction required to bring the structure into compliance with the current Building Code. "Demolition" the razing, -burning, or other- wise destroying a structure . -1- • 3-8-2 • 3-8-3 • MOVERS LICENSE -APPLICATION -REQUIREMENTS (a) No "structural mover" as defined herein shall make application for a moving permit without first having applied for and received a "Movers License" from the City License Officer. (Sec. 9-1-1) (b) Said Movers License Fee shall be $50.00 annually which sum shall accompany the application for said license. (c) Prior to issuance of any license, the applicant shall provide proof of insur- ance by submitting a certificate of insurance to the Director of Finance indicating that the following minimum insurance coverages are in effect: PUBLIC LIAEILITY and PROPERTY DAMAGE Death or injury to any one person Total liability in any accident Property damage Over three (3).stories: $1 million, or excess, "Umbrella" Policy $100,000 300,000 50,000 (d) The insurance shall cover the liability of the Mover with respect to all work per- formed by and any vehicles used by him or his agents, subcontractors, servants or employees, and shall hold the City harmless from any liability arising out of the work authorized by the permit. MOVING PERMIT REQUIRED No person, firm or corporation holding a valid "Mover's License", shall perform any of the following without first having secured a Moving Permit from the Code Enforcement Div- ision of the Department of Communicy Development: ( ) . £rt'} -f . a Move or raise structure rom its foundation . -2- • 3-8-4 • • (b) Move any structure to a site within the city. (c) Move any structure along or across any public street of the city. Exceptions: A Moving Permit shall not be required for construction shacks as determined by the Chief Building Official or for structures having a maximum floor area of 100 sq. ft. for which a Building Permit is not required. PERMIT -APPLICATION (a) Application for a Movers Permit shall be furnished by the Code Enforcement Div- ision of the Department of Community Development and shall contain the following information; 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 structures. S. 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. 7. Certificates assuring that bonding and insurance requirements have been met. (b) No permit for moving a structure to a site within the city shall be issued until plans therefor have been submitted to and approved -3- • (c) • (d) • by the City Planning and Zoning Comm- ission. All said structures shall comply with all provisions of the Uniform Building Code for new structures and all required permits therefor shall be obtained prior to any work being performed. No structure shall be moved to a site within the City until the necessary foundation therefor has been completed, inspected and approved. If the structure is proposed to be moved from a site in Englewood to a site in another jurisdiction, the Code Enforcement Division shall notify the appropriate official in the jurisdiction exercising control over the site to which the structure is to be moved. Such notice may be by phone, in writing, or by direct con- tact and is made to insure that the timing of the move can be coordinated between the two juri s dictions . If the structure is proposed to be located on a site within the City of Englewood, the following additional procedures shall apply: The following information shall be sub- mitted with the application (20 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 proposed location of the structure or structures on •the proposed site and any proposed add- it i on s , size and location of any existing or proposed buildings on o~ to be constructed on the proposed site. 2. El evation sketches, drawn to scale and with appropriate dimensions, representing at least two sides of the structure(s) -4- • • as they are proposed to appear after the structure is moved to the pro- posed 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. 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.). S. A statement describing proposed additions, repairs, and remodeling . (e) After receipt of all of the requied infor- mation, posting of the proposed site and advertisement in the official newspaper, the City Planning and Zoning Commission shall hold a public hearing on the application. (f) The City Planning and Zoning Commission may disapprove the application if the pro- posed structure is out of character with the structure(s) in the block or facing block of the proposed site by reason of style, height or siting characteristics. I f the Commission approves an application it shall be assured 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 . -5 - • 3-8-5 3-8-6 3-8-7 • • REQUIRED INSPECTION Inspection of the structures proposed to be moved shall be made by both the Code Enforce- ment and Traffic Engineering Divisions prior to issuance of a permit. PERMIT -FEE -EXPIRATION A moving permit fee for structure to be moved to a site within the City of Englewood shall be $50.00 and for structures to be moved through or out of the City shall be $25.00. All said moving permits shall expire sixty (60) days after date of issuance. PERFORMANCE BONDS --STRUCTURE MOVER OR OWNER (a) STRUCTURE MOVER A Performance and Completion Bond, or other insurance bond, acceptable to the Chief Building Official, and proof thereon in writing by the insuring company, shall be posted by the Structure Mover prior to issuance of the Moving Permit. The bond, of at least $5,000, shall insure the necessary cost of raising the structure from the existing 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 Englewood, within 48 hours of the removal . Said bond shall be increased above the minimum $5,000 if the Chief Building Official determines that the ant ic ipated costs, as above set out, will exceed $5,000. In such case, a bond at least equal to the amount of the anticipated costs shall be required. -6- • • 3-8-8 • (b) OWNER A Performance and Completion Bond, or other insurance bond, acceptable to the Chief Building Official, and proof thereon in writing by the in- suring company, shall be posted by the owner of the site to which the structure is moved prior to issuance of a permit for necessary construction. The bond, of at least $5,000, shall insure the necessary construction, in- cluding: structural, electrical, plumbing and heating construction required to bring the moved structure into compliance with the current Building Code. Said bond shall be increased above the minimum $5,000 if the Chief Building Official deter- mines that the anticipated costs of the necessary construction as above set out will exceed $5,000. In such case, a bond at lease equal to the amount of the anticipated costs shall be required. CASH DEPOSIT A cash deposit, in the amount of one hundred dollars ($100), 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 that the Structure Mover does not repair the damages within thirty (30) days of written notice by the Chief Building Official. -7 - 3-8-9 3-8-10 • • USE OF STATE HIGHWAY -PRIOR APPROVAL REQUIRED No Moving Permit, proposing to utilize a State Highway as part of the route, shall be issued until approval, in writing, therefore has been granted by the State Highway Department. PREPARATION FOR MOVING STRUCTURE (a) In preparation for moving a structure, the applicant shall, or shall cause: 1. The openings in the vacated structure protected with suitable coverings to prevent unauthorized entry or van- dalism. 2. The power to all service lines 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 trans- mission line as directed by the company providing 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. Th e 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. The Chief Building Official may, upon show of cause by the structure mover, issue written approval for an extension of the above time . -8- • 3-8-11 3-8-12 • 3-8-1 3 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. TRAFFIC HAZARD CREATED; ESCORT; EXPENSE 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 the route of the move. Where such escort is required, the expense shall be borne by the Structure Mover. The escort shall not have the authroity to waive or vary any of the requirements of the permit or applicable sections of the Code. ADVANCE POSTING; NOTICE When the movement of a structure along an approved route would be impeded by vehicles parked within the public right-of-way as det- ermined by the Traffic Engineering Division, the Structure Mover shall cause to have posted, by the Tra ff ic Engineering Division, No Parking sign s a l ong s uch rights-of-way at least 48 hours prior to th e structure move. The Traffic Engineeri ng Division is hereby authorized to move, or cause to be moved, any vehicle parked i n violat io n of such signs. Fees for posting said "No Pa rk i ng" signs shall be established by the Tr affi c Engineering Div i sion. TIME OF MOVEMENT Time of movement of a struc~ure shall be approved by the Tra f fic Division, the Police Department and the F i re Department. The Structure Moving -9- • 3-8-1 5 3-8-1 6 • 3-8-17 3 -8-18 • Permit shall become null and void unless the move i s c ompleted within the specified time approved on the permit; provided, however, that the Chief Building Official may extend the time period o f t he move a f ter consulting with the Tra ff ic Division, the Police Department and the Fire Department. Such extensions shall be permitted only when the moving at the original time is rendered impractical by reason of inclement weather, strikes, or other causes beyond the control of the Structure Mover. FLASHING LIGHTS ON STRUCTURE A flashing red light shall be required at each main corner of the structure being moved and at the end of any projection thereon when the structure is located within a public right-of- way. NOTICE TO UTILITY COMPANIES The Structure Mover shall notify all utility companies maintaining poles, lines or equip- ment within the public right-of-way of the approved route at least three days prior to the proposed move. STR I PP I NG ; SALVAGING; SALES -PROHIBITED Stripp i n g , sa lvaging and/or sales of parts or mater i al s is prohibited on the premises from which the s tructure is to be moved or to which the struc ture i s to be moved. PENALTY; NUISANCE The mo vi n g o f any structure within the City of Engl e wo od i n v i olation of any provision of th is Art i c le is hereby declared to be a public nu isan ce a n d upon application of the Director o f Communit y Development the City Attorney is h ere by autho r iz ed and directed , without the nec e ss i t y of f urther authority of City Council, to inst itu te such legal proceedings as may be -1 0- • • • Section 2. necessary to obtain a judicial abatement thereon. In addition, the violation by any person, firm or corporation of any provision of this Article may be prosecuted as other violators of Municipal ordinances, and shall subject the violator those fines and penalities as are provided in Cahpter 2 Title I of this Code. That Article II (Wrecking) Section 21, Chapter 8, Title III of the '69 E.M.C. is hereby repealed and said Article is renumbered and reenacted to read as follows: 3-8-26 II. DEMOLITION OF STRUCTURES 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 $50.00 which sum shall accompany the applica- tion for said license. No license fee shall be required of a private home owner doing such work on his 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 ins urance at least in the following minimum amounts: Death or inj ury to any one person Total liabi lity in any one accident Property damage ~~o oo $ ~e,oeo 300,000 50,000 The insurance shall cover the liability of the permit holder with respect to all work, and vehicles used by him or his agents, sub- con tra ctors, servants or empfoyees and shall -1 1- • 3 -8-27 • 3-8 -2 8 • hold the City harmless from any liability arising out of the work authorized by the permit. DEMOLITION PERMIT; REQUIREMENTS (a) No strucutre within the City of Englewood shall be demolished unless and until a permit therefor has been issued by the Code Enforcement Division o f the Department of Community Devel- opment. (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 $50.00 and shall expire sixty (60) days after the date of issuance. No permit or fee shall be required of a private homeowner doing such work on his own premises. (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 of at least $5,000 but may be increased by the Chief Building Inspector should he determine that a greater amount is necessary to assure coverage of completion costs. Said bond is to further assure completion of the proposed work, including that work necessary to clean, fill and level t he site within 48 hours after the structure i s demolished. APPLICATION FOR DEMOLITION PERMIT (a) Applicat i on for a demolition permit by those holding li c enses may be obtained from the Code Enforcement Division of the Department o f Commun i ty Development and shall contain the following information: 1. Name, address and telephene number of the applicant . -12- • 3-8-29 • 3-8-30 • 2. Address of the proposed demolition. · 3. Starting date and proposed time period durin g which the demolition would occur. 4. Description of the proposed method of demolition and proposed methods of public protection (such as dust control, security, etc.) MISCELLANEOUS REQUIREMENTS (a) The power to all service lines shut off and all such lines disconnected outside of the property lines. (b) The disconnection and capping of all gas, water, steam, sewe r and other service lines outside of the building line, curb line or at the main transmissi on line as directed by the company providing the service. (c) Notification, in advance, of all utility com- panies providing service to the site and their approval obtained prior to the disconnection . (d) Pay, or cause to have paid, all costs of utility disconnections, capping and bills for service. (e) Special traffic, parking and pedestrian pro- visions may be required by the Chief Building Official a nd shall be provided at the applicant's expense. (f) Sa le of part s or materials on the premises of the demo l"ti on shall be prohibited. PENALTIES; NUISANCE The demolit io n of any structure within the City o f Englewoo d in violation o f any provision of this Ar t icle is hereby d e clared to be a public nuisance, an d upon appl ica tion of the Director of Community Develo pment , the City Attorney i s hereby authorized and directed, without the necessity of further authority o f the City Council, to i nstitute such leg a l pro ce edings as may be necessary to obtain a j ud icial abatement t her e o f . In addition, the vio- lation by any pers on of any provis i on of this Article • • • Se c tion 3. may be prosecuted as other violations of Municipal Ordinances and shall subject the violator to those fi nes and p e na l ties as are provided for in Chapter 2 of Title I of this Code. The prov1s1ons of this Article are hereby declared to be severable, and if any section, provision, or part th ereof shall be held unconstitutional or invalid, for any re ason, the remainder of this Ordinance shall continue in fu ll force and affect, it being the legislative intent t h at these Articles would have been adopted even if such unconstitutional or invalid matter have 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 n ot be affected thereby . I ntroduced, read in full and passed on first reading on the 2nd day of September, 1975. Published as a Bill for an Ordinance on the 11t h day of September, 197S. Read by title and passed on final reading on the l 51h day of September, 197 S. Published by title as Ordinance No. 3~ Se r i es of 1975 on the 18thday of September. ATTE ST : ~~~o C~~k-Treasurer -14- I, William D. James, do hereby certify that the ab ove and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and publis hed by title as Ord i nance No. 36 , Series of 1975. ex officio City~-Treasurer -15-