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Home My WebLink About2000 Ordinance No. 028ORDINANCE NO.~ SERIES OF 2000 BY AUTHORITY COUNCIL BILL NO. 28 IN'.~ODUCED BY COUNCIL MEMBER GARRET!' AN ORDINANCE AMENDING TITLE 8. CHAPTER 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985, l'ERTAINJNG TO MOVING STRUCTURES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood must reb'\l.late the rooving of structures on City streeta for the safety of the public; and WHEREAS , the City of Englewood Departmenta of Puhlic Works and the Building and Safety Diviaion have been enforcing thia Ordinance us written since ,986; and WHEREAS, it ill important to address in gn,ater dew I the structure mover re•ponsibilities with respect to notifico tion of neighboring affected juriadictiona and poatin1 of ai11DB; and WHEREAS. it ill de ,nred to provide staff gn,ater flexibility on permita with respect to operaWll requirements and conditions in order to assign the neceeaary oonditiona and requirementa baaed upon what ill being moved and where it ia being mn ed; ~-The 0ity Council of the City of Englewood, Colorado hereby amencls Title 8, Chapter 5, of the Englewood Municipal Code 1985, to read a1 follows: CHAPTERS MOVING STRUCTURES 8-5-1: MOVING PERMIT REQUIRED: A. No person shall perform 8ll.Y of the following wit b out lint having secured a moving permit from the City: 1. Move or raise any structure &om its foundation. 2. Move any atructure to a site within the Ci t y. 3. Move any atructure along or across any public street of the City. B. Exceptions: A moving permit shall not be required to move a construction ,hack •• determined by the Chief Building Official, or for portable atructun,a having a floor area of not over one hundred (100) square feet, and a width as trao,ported of oot over eight feet an~!- -1- 8-6-2: APPLICATION, FEES AND TERM : A. The form for 1111 application for a mover's permit ahall be fumilbad by the City and ■hall contain the following information: 1. Name, address and telephone number of the applicant. 2. Addreaa of present location of structure. 3. Addre■a of proposed location to which the otructure is to be movtd . 4. Date and time of proposed movement of structure. 5. Proposed ro ute to be used in movement of ■tructure. 6. Description cud ai1.e of the truck and other equipment propoeed to be uaed in the movement of the etructure . B. A moving permit fee for a structure to be moved toe site within the City ahall be fifty dollars (,50.00) and for atructurea to mnved tbiouch or out of the City shall be twenty five dollan ($25.00). C. All moving permits shall expire Bin)· (60) days after date of iaauance. 8-5-3: PERFORMANCE BOND REQUIRF.MENTS : A. Structure Mover. A performance and completion bond of at least one thouaand dollar• ($1,000.00), or other illlurance bond aa:eptable to the Chief Building Official, together with proof thereon. in writing, by the inauring company, shall be poated by the structure mover prior to iaauance of the moving permit. Said bond shall be in an amount determined by the Chief Building Official baaed on the estimated coat of relocating the atructuie from the existing site to the new site and cleaning, filling and leveling the site from which the structure was moved . B. Owner. A performance and completion bond cf at least five thousand dollan ($5 ,000.00), or other insurance bond acceptable to the Chief Buildinr Official together with proof thereon, in writing, by the inauring company, shall;,., posted by the ow nee of the site to which the structure ia moved prior to isauance of a permit for nece88ary construction. The bond ■hall insure the completion of the necessary construction and inatallationa required to bring the moved structure into compliance with the applicable City codes . Said bond shall be increaaed above the minimum five thouaand dollars (S5 ,000.00) if the Chief Building Official determine, that the anticipated coats of the neceaaary construction. as above aet out, will exceed five thouaani. dollan ($5,000.00). In euch case, a bond in an amount at least equal tJ the sum of the anticipated coats shall be required . 8-5-4: CASH DEPOSIT: A cash de posit in the amount of ene w hundred dollars (~ 200 OOl ahall be posted by the structure mover prior to iaavance of any moving permit nnd ahall be -2- ,. refunded after thirty (30) days if there baa been no dama1e •, public prope,ty u a re1ult of the moving of the structure. Said dep .. it may lo u,;:i (o repair d~apa to public property in the ,ent the structure mover does not ro p , u· the dam ape within thirty (30) day■ of written notice by the Chief Building Olli cw . 8-5-5 : INSPECTIONS REQUIRED : All structures propoeed to be moved into the City shall be inapected by the Diviaion of Building and Safety prior to issuance of any permit. 8-5-6: GENERAL REGULATIONS : 8-5-6-1 : STRUCTURES LOCATED IN THE CITY : A. All structures moved within or into the City shall comply with all proviaiona of the Uniform Building Code for new structures and all required moving permits ohall be ohtained prior to any work being performed. B. No structure shall be moved onto a site within the City until the neceaaary foundation therefor has been com11leted , inspected and approved . C. If the otructure is proposed to be located on a site within the City, all plana and documente necesaary to verify compliance with the City's conatruction codes and other ordinances shall be provided as requested by the City. 8--5-6-2 : STRUCTURES IN COMMERCIAL DISTRICTS AND FOUR OR MORE DWEWNG UNITS: A. No permit for moving a structure into a commercially zoned district of the City, or for moving a structure having four (4) or more dwelling unita to a site within the City, shall be iasued until an application and plans therefor have been submitted to and approved by the City Planning and Zoning Commiaaion . B. Twenty-five (25) copies of the aforementioned application and plans shall be submitted to the City. The City otaffoball refer copies of the application and plana to all other appropriate agencies and shall transmit a report to the Planning Commission baaed on the information submitted. C. The City Plannin1 and Zoning Co!>!mission shall bold a public hearing to conaider the application. Notice of such hearing shall be given by poating the property and by written notice in an official newspaper not less than fifteen (15) days prior to said bearing. D. Prior to approving the application, the Commission shall verify that the propoeed development will not be detrimental to the neigbborbu<)(l b:; reason of traffic oongestion , restriction of light and air, or unuaual cha:b ··te riatics of the propooal. E . The City Planning and Zoning Commiasion may diaapprove the application if the propoaed otructure is out of character with the structure(•) in the block or facinc block of the proposed aita by reason of bulk, heicbt, ailing -3- characterilltica or dHign 10 u to C&W18 auch 1tructure lo be 1ubetktially inconai&tent with the character or the 1urroundln1 nei1hborhood Di to caUN a aubotantiel depreciation in property value• in the immediate ne~bood. 8•5•6•3: STRUCTURE MOVED TO ANOTHER JURISDICTION: If a structure is propooed to be moved from a aite in En1lewood to a aite in anothar jurisdiction, the City shall give written notice to the appropriate official in tho juriadiction exercising control over the lite to which the atructure is to be moved. Such notice shall be given a ■ ...x,n aa poaaible after tha permit is is1111d to insure that the timing of the move can be coordinated between the two (2) jurisdiction■. 8-5-7 : PREPARATION FOR MOVING A STRUCTURE: A. In preparation for moving a structure, the applicant shall caWl8 : l. The opening• in the vacated structure to be protected with auitable coverings to prevent unauthorized entry or vandalism . 2. The power to all servu:e lines to be shut off and all such lines to be disconnected outeide of the property lines. 3. The disconnection and capping of all gas, water, steam, sewer and other service lines as directed by the utility company providinr the service . 4. Advance notification or all utility companieo providing service to the lite and their approval prior to utility disconnection. 5. The payment of all utility capping, service and disconnection coets. B. No structure shall be raised from its fouodation in preparation for moving earlier than rorty-eight (48) houre from the approved time of moving. The City may, upon show of due cauee by the structure mover, issue written approval for an extension of the above time . 8-5 -8: SITE MAJNTF.NANCE , PRO!IlBITED CONDITIONS : A. The structure mover ■hall clean or cause the cleaning of the sit.! from which the structure waa taken by removing all debris , material 01· equipment. Further, said mover shall fill all holes and irregularities of the lite within forty-eight (48) hours after the removal of the structure. Such lite cleaning shall be to the satisfaction of the City. B. Stripping, salvaging and/or sales of parts or materials of a structure is prohibited on the premises, or any adjacent premises, from which the structure is to be moved or to which the structure is to be moved. 8-5-9 : TIME OF MOVEMENT: The time of movement of a structure shall be approved by the City, and if the structure is to be moved over a State highway, !!! tberoHSh enother iuriadiction. the time pf •uch mova shall he mqrdinatgd with the Sr,.ta and/pr the afrpcted iuriadictictn, ....._,_ efstteh moue ahell l,e oeo,mllfl~fl oilft ,he 8m1e 9epmBen, o(T:am,po,taae ,-, The structure moving permit ahall 4- • • become null and Vllid unle11 the move ii completed within the apecilied time appro11ed on the permit; provided, however, that the City may extend the time period of the move for forty-eight (48) houn after conaulting witil the appropriate apnciea when the original time for the move ia rendered impractical due to inclement weather, 1trike1 or other caueee beyond the control of the •lructure mover. 8-5-10: NOTICE TO UTILITY COMPANIES: At leaet three (3) days prior to the propoaed move , the atructure mover ehall notify all utility companiea maintaining poles, lines or equipment within the public right of way of the approved route. 8-5-11 : ADVANCE POSTING OF ROUTE : When it is determined by the City that the movement of a structure along an approved reute would be impeded by vehiclea parked within the public right of way, the City shall permjt the structure moyer to eltaa poet "No Parking" signs along such rights of way at least forty-eight (48) houn prioK to the moving of the structure . All C08ta of Potting the righte:Pf·way are the structure mover's regponai~ilitv All fiW muat be turned away &om tbs atreat immediately after the stnu;twe passes through the affected area and the aipa mMI! be removed, within 12 hours 1ftcr the move 'Pho ••••me ma,er eha!l pa, '8e .. , oE poalmg ao de~1mmed e) !lte Git,. 'l'l,e Git, ohall ...,.r, 11,e Sle~ lligm, a:, E>epar•men, efthe propoaeli 11110,e an •he de, ,he ,ao,iftg permi, ia iee1:1Ctl. 8 -5-12: USE OF STATE HIGHWAY. OR OUTSIDE LOCAL GOVERNMENTAi, AGENCT ROAD PRIOR APPROVAL REQUIRED: k If a structure is to be moved from a eite in Englewood aud the mover proposes to utilize a route that iDYPlvea the uae of righta·of·wny of the St.ate or other local governmentA] agencies then the: structYR mover shall be responaible for oht.Ainios any moving or overaia or overwidth vehicle pennita ir-,uired by the affected ~ SMle high: a) ao par! oflhe •••~. !he Gi') ohall ftolu) II!~~~ E>epMtment efthe ptepeaed me,e en the da, the me i:ng pt!rmit ie Hlaued. 8-5-13: TRM'FIG IIAZA..'Ul PRE''E~l'FP'E MEASYRlilS TRANSPORT PERMIT OPERATING REQUIREMENTS AND RESTRICTIONS : The City Manager or deeignee may impose any requirements or reatrictiona on the structure mover it deema neceuary to protect City property · the health aafety and welfare of it.a ci..tizene and the people who use its roads The COit.A aaBOciated with addreaaing these requirement.a and restrictiona shall be home by the structure mover A. If, ift lhe i•dgmeal oflhe Git,, !he mo ;,.g ofa olr•e! .. e ma, Ol'eate-e-lfaflie fta:eMti , a pettec eseert , er ether ueert, ma, be tettttiteel ks Be p1e,i:tied B, ,he stritetttre me, er fer tftc purpeae ef regu.laffl\g treflie along tfte reitte ef t fte me e. \1Ate1e aitch eseert. is rettUH'eti , the e:1penae sftaH Be Berne B, the struetu,e me,e1. The eaeert eha:H net he,e the autherit, to ehe 01 er, a.., of the reqlttl'emente ef the pct mit er appl:ieaBle sections ef the Gede . -5- B. !, 8a1hin1 rail lita••haJl be 1e~w:1ell a, eaeh main ee1aer M"'8 •••a beinc meuell alllli •• ,he entl ofm, pri,jeetitstt M111een :ohett .ite aftel\111 ia lo,-u,i ithin • poblie l'i1h1 of" oy, ~ Safety Clauses The City Council hereby finds, determinea, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and wellan of the public, and that thia Ordinance is neceBBary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance beara a rational relation to the proper lesiaJative object sought to be obtained. ~ Seyergbjljty If any clauee, sentence, paragraph, or part of this Ordinance or the application thereof to any peraon or cireumatance• shall for any reason be acljudged by a court of competent juriadiction invalid, auclt judgment lhaJl not affect, impair or invalidate the remainder of this Ordinance or it applicat ,on to other persona or circumatances . ~ lnooneietent Ordinoocea All other Ordinances or portions tht real inconsistent or conflicting with thia Ordinance or any portion hereof are here ,y repealed to the extent of such inconaiatency or conflict. ~ Efl'oct of repeal or mrdifiratian The repeal or modification of JLllY provision of the Code of the City of Englewood by this Ordinance shall not rel,aae, extinguish. alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under auch proviaion, and each provision shall be treated and held as still remaining in force for the purposes of suetaining any and all proper actions, suite, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpnee of euetaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suite, proceedings, or prooecutiona. ~ &nollX. The Penalty Provision ofE.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 20th day of March, 2000. -6- • • Published aa a Bill for an Ordinance on the 24th day of March, 2000 . Read by title and paaaed on final reading on the 3rd day of April, 2000 . Published by title 88 Ordinance No . :It, Series of 2000 . on the 7th day of April, 2000 . I, Loucriahia A. Ellis, City Clerk of the City of E,,glewood, Colorado, hereby certify that the above and foregoing ia a true copy-9t:,the Onlinance on final ... acting and published by title a8 Ordinance No.;lr Serie• of 2 . -7- COUNCIL COMMUNICATION Date Agenda Item Subject March 20 2000 1 O a v Movln Structu111S Code U ate INmATEDBY STAFF SOURCE Public Works D artment Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Title 8, Cl ,apter s of the Municipal Code that deals with moving building and structures was adopted In 1985. RECOMMENDED ACTION The Public Wor1<s Department recommends the adoption, by ordinance amending Title 8, Chapter 5, of the Englewood Municipal Code 1985, pertaining to moving buildings and structures In the City of Englewood . BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED Public Worl<s and the Building and Safety Division have been enforcing this portion of tt1e code since 1985, and it is recommended that some minor changes be made to this ch,ipter o! the Municipal Code U1at will allow the City to transfer certain costs and responslbllltles to Iha structure mover. In addition It is important to address In greater detail structure mo~11r · responsibilities with respect to notlficaUon of neighboring affectPd jurisdictions and posUng of signs. The proposed amendments will also allow staff greater flexibility on permils with respect to operating requirements and conditions In order to assign the necessary conditions and requirements based upon what is being moved and where it is being moved; FINANCIAL IMPACT The proposed amendments will make it the structure move(s responsiblllty to notify affected neighboring jurisdictions and COOT. The amendments shift the responsibility for sign posting from the City to the structural mover. Both of these recommended changes should result in reduced City staff time and coordlnaUon . LIST OF ATTACHMENTS Proposed Ordinance