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HomeMy WebLinkAboutOrd 1665 - pavement, street and other public places ;f""' J 1 Ordinance No. 1665 AN ORDINANCE RELATING TO PAVEMENT, STREET AREAS AND OTHER PUBLIC PLACES; AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR FEES; EXTENDING TEMPORARY REGULATIONS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. (a) Chapter 19 of the Code of Ordinances of the Cjty of West University Place. Texas is hereby amended as set out in Appendix At which is attached and made a part of this ordinance. (b) The permit fee for work affecting new roadways under Chapter 19 is $1 OO~ plus the estimated out-af-pocket expenses that may be incurred by the City in connection with the work, incJudjng engineering review~ extra inspections or testing, supplemental trafflc control, etc. The building officiar shall estimate such expenses at the time of application and shaH coJlect at least 1100/0 of the estimate as a deposit. The building official may require a permittee to supplement the deposit as the work proceeds. . When the work is finished, the building official shall refund any part of the deposit that exceeds the actual permit fees due in connection with the work. Fees under this section are subject to waiver. in case of conflict or inconsistency with superior Jawor franchise ordinances~ as provided for other provisions of Chapter 19. ( c) Th e tempo ra ry reg u latio n s (re lati n 9 to users of street areas ~ m un ici pa I con sents, etc.) [m pas ed by Section 3 of Ordinance No. 1626, adopted October 11. 1999J are extended through and including January 221 2001. Exception: The temporary requirement for underground construction does not apply to new or reconstructed facilities relocated at the request of the Gity& Sectio n 2. Each p rovis io n of th i s 0 rd i n a nce a p pi ies fro man dafter its Effective Date, as specified in Section 6. Any violations committed before the Effective Date are governed by the ordinances in effect immediatery before the Effective Date rPrjor OrdinancesU). If permits (including similar approvals) are affected by this Ordinance, th is Ordinance shall generally apply to and govern those applied-for on or after the applicable Effective Date. Howevert the Prior Ordinances shall apply to and govern any such permit (and the activities authorized by such a permit) if: (i) the application for the permit is completed and filed before the applicable Effective Date, with all pJanst information I feesJ etc. ~ (ii) the permit is actually issued on the basis of that applicationl and (Hi) the permit is not allowed to expire, and is not terminated or revoked~ thereafter (although it may be renewed or extended in the usual manner, if any ~ allowed for that type of permit). The Pr[or Ordjnances are continued in effect for the p u rp oses menti 0 ned in th is section ~ Section 3. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 4. If any word~ phrase1 clause, senten eel paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or u nconst[tutional by any court of competent jurisdiction J neither the remainder of th is Ordinance t nor the application of such wordJ phrase, clause, sentence1 paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 5. The City Council officially ffndst determines and declares that a sufficient wrjtten notice of the dater hourr place and subject of each meeting at whjch this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act~ as amended, and that each such meeting has been open to the public as required by law at all times during such discussiont consideration and action. The City Council ratifies~ approves and confirms such notices and the contents and posting thereof. Section 61t The pubJjc importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an 1 emergency measure, and a state of emergency is hereby declared. This Ordinance is accordingly passed as an emergency measure and shalr take effect as follows: (i) The Effective Date of any finesl penarties or forfeitures under subsection U(a)U of Section 1 is the tenth day foJJowing publication, as provided in the City CharterJ and (ii) the Effective Date of all other provisions is the date of passage and approval. d PASSED AND APPROVED on /;/~~ /~ I ;l?oo. Councilmembers Voting Aye: Councilmembers Voting No: Co cHmembers Absent: (0 Recommended: \~~r- -- City Mana r b66 :\54opave 1 2 Appendix A Amendments to Chapter 19, Code of Ordinances, City of West University Place, Texas, 11-13-00 Second group of amendments; (8-22-00) marked by single strike-throughs and si ng I e underli n i ng (s i nq Ie). .,'.',','.',.,','.',.',".H,'.' ,','U,'..,'.' iii1~ii~i:;;f.J~l~1~1Iif~n~1 ~~~-~I~ ~~~~r~ i~i~~O~Jo~~~~~~~rn~!~i!;:~QThiS includes staff reguested changes to 19.201 (h) (emergency action) and lj)construction materials. + ~~~~~~~~~~[iiliiliil\~~1li:fii~i'ii~iliiij~~:li~j]I~~~a~~~~Su~~~rl in ing (dark) for insertions. Notes: . . . Subchapter A. In Gelleral Sec. 19.101. Definitions. In this chapter: (1) (2) nStreet amenitiesU includes all the improvements or facilities mentioned in Section 316.002, Texas Transportation Code (e.g., trees, landscaping, sidewalk cafes, ornamental entrance markers for subdivisions, features of old buildings, transit shelters, drinking fountains, benches, other transportation amenities, etc.). '(N'ew roadway" includes all roadways, curbs and gutters constructed new or substant~JlU.Y.J~constructed, but only if they were completed after January 1, :[~~~~~~j: 1 991 . HSuperior law" includes federal and state laws, rules and regulations that apply to and limit the authority of the City. (3) Sec. 19.102. Responsibility for maintenance. (a) III GelleraL It shall be the responsibility of each person who owns property abutting a street area to maintain, repair and replace aU of that area and aU structures, trees and plants found there, except: (1) (2) (3) (4) main-traveled, paved roadway areas (not driveways); facilities and equipment erected by the City, the Metropolitan Transit Authority, other public agencies, permittees under this Chapter or utility companies; City water, sewer or underground drainage facilities or equipment; or any structure, tree or plant for which there is a clear indication that: (i) it was placed in the street area without the consent of the then-owner of the abutting property, and (ii) no subsequent owner has accepted it or claimed it. A-I (b) Obtaini/lg PernlitsJ Etc. The abutting owner is responsible for obtaining all necessary permits and approvals for such maintenance~ repair or replacements. Sec. 19.103. Procedures, defenses, etc. (a) Pernlit & License Procedures. The procedures prescribed by this Code for building permits generally (including issuance, revocation~ suspension, transfer, etc.) shaH also apply to permits and licenses under this Chapter. The Building Official may modify forms, etc., to conform to this Chapter. All actions of the Building Official, Police Chief or Public Warks Director under this Chapter, and all applications for interpretations or variances, are subject to the authority of the Buildings & Standards Commission in the same manner as similar, building- related actions. (b) Enlployees; City Activity. In any proceeding to enforce this section, it is an affirmative defense that, at the time of the offense, the person charged was an actual employee of, and acting under the direct supervision and control of: (i) a person holding all necessary licenses and permits; or (ii) the City. ( c) Conlpliance Required. It shall be unlawful for any permittee or licensee to fail or refuse to comply with this Chapter (or the terms of a permit or license .issued to that person) in connection with the work covered by the permit or license. (d) Illtelferellce, Etc. It shall be unlawful for any person to interfere with or obstruct any work authorized by the City in a street area, public easement or other public place. This subsection prohibits threats, coerci.on, duress and all other kinds of interference or obstruction, whether direct or indirect. ( e) [llte/pre/alioI1 & Elljorcenleflt. All City officials having the duty to interpret and enforce this Chapter shall~,~gS~,;,;-~,9,;_J~}J~armony with superi9r~J~)~{;_~D,St franchise ordinances. If any provision of this Chapter t[~~~;~ilMjn: conflicts with, or iS~f:t[~J.lr~MJJ preempted by, superior law or a franchise ordinance, such City officials are authorized to approve deviations from this Chapter, to the extent necessary to avoid such conflict or preemption and achieve harmony with superior J<?:Y(..~n.~g""Kranchjse ordinances (this includes the authority to waive or reduce a permit fee that :.t~['gt~,~rl&J:j conflicts with superior law or a franchise ordinance). In all other cases, the BSe is authorized to approve such deviations, if necessary to avoid conflict or preemption and achieve harmony with superior law and franchise ordinances. In addition to---or in lieu of---applying to the BSC, an interested person may apply to the City Council for an amendment to this Chapter that would achieve harmony with superior law and franchise ordinances. Any interested person may comply with a provision of this Chapter "under protest," without prejudice to its right to claim that the particular provision is in conflict with, or preempted by, superior law or a franchise ordinance. Exanlple: The person might comply with a permit requirement "under protest" and later ask the BSe to rule that the requirement is not applicable. en Chavter 283 Comvliallce. The Building Official shall allow any certificated telecommunications providers to submit a "blanket" statement that it is subject to Chapter 283.. Texas Local Government Code and Qoverned by it to the extent of any conflict or inconsistency with this Chapter. The Building Official shall review any such statement and endorse it to show the following: (i) the Building Official's determination as to whether Chapter 283 applies to that provider" and if so.. for which type of activities.. and (ii) which provisions of this Chaoter are in conflict or inconsistent with Chapter 283 and will not be applied to that provider (e.g... fees~ indemnity" etc.) All City officials shall rely on such endorsements of the Building Official for A-2 purposes of applying this Chapter. The Building Official may require supporting documents and information from providers and may revise or revoke endorsements from time to time. The Building Official shall provide standard forms for these purposes. Subchapter B. Work In Street Areas, Etc. Sec. 19.201. Permits, etc. (a) Pernlit Required. Within, over or under any street area, public easement or other public place, it shall be unlawful for any person to construct, create, maintain, alter, repair or reconstruct: (1) any structure (including, for example, a sidewalk, driveway, fence, wall, planter box, curb, gutter, pavement, utility facility, fire hydrant, pole, watering system, wire, conduit, box, lighting facility or any other structure), any hedge, any excavation affecting a new roadway~ any other excavation greater than eight cubic feet, any pile or stack of bricks, earth, lumber or other materials (but see soecial restriction., below.. regarding construction materials and equipment), (6) any street amenity, or (7) any similar thing or condition that would be an obstruction or impediment, unless a permit covering such work has been issued by the Building Official and is in effect. (b) Sligllatures & Processing. Permit applications must be signed by the owner of each affected structure or other item to be located in the street area.. public easement or other public place. If a contractor will perform any of the work~ the contractor must also sign. .Upon request.. the Building Official shall commence processing of an application signed by the owner alone" but on condition that each contractor must sign and provide necessary back-up information (e.g., proof of insurance) before any permit is issued. All persons and entities signing the application are considered permittees and co-holders of the permit., and all are jointly and severally responsible for compliance with the permit and applicable regulations.. specifications and procedures& The Building Official shall promptly process each valid and administratively complete application for a permit. When necessary for a permittee to provide telecommunications or utility service (or for other good cause shown).. a permittee may request priority handling. In such cases.. the Building Official shall make every reasonable effort to .not delay or unduly burden that permittee in the timely conduct of its business. tb7 fJiLStreet An1e/lilies. The Building Official shall not issue a permit for a street amenity unless the Building Official or the City Manager makes the findings required by Sect.ion 316.003, Texas Transportation Code. Each such official is independently designated to make such findings. Street amenities mentioned in subdivisions (1) and (5) of Section 2 of that statute may also be established and maintained with City funds, materials, equipment and personnet, if approved by the City Council and if the required findings are made. teJ fill.-Fillancial Security Required. The Building Official shall not issue a permit under this Chapter for any WOl k a:ffect;ng a 511 UGtUI e in a 5tl eet iU ea~ pubHG easelllel1t 01 othe! public pfaee, unless the at least one permittee provides financial security as required by this section. ExceptiollS~. no financial security under this Chapter is required for: (1) minor repairs such as leveling small areas (less than four square feet), sealing, (2) (3) (4) (5) A-3 filling cracks or fe-affixing loose pieces, not affecting any new roadway, (2) work done under a contract with the City secured bv a performance bond to the extent required by state law, (3) small excavations (less than 27 cubic feet) which are immediately filled and which do not affect any new roadway, or (4) work done on snlall stl UGtUI es w hiGh al e fOl pri vate use alld 4J e lleither paid for 1101. 111aintained by the City ~ (5) vvork done by a f!allcb.!see's enlployees pursuaht to a fLahcllise ordihahce which does not allow the City to lequile such finahcial seculity, and which does not affect any new loadway, or t67 work that has no effect, or only a minimal effect, on public areas or other structures or equipment not owned by the permittee, as determined by the Public Warks Director. W fill Type Of Filla/zetal Seclfrity~ Financial secur.ity must be a surety bond or a written . guarantee secured by a deposit of cash (or cash equivalent), in the amount prescribed below and in a form approved by the Building Official. Exception: The Building Official may accept an unsecured written guarantee from a permittee which owns real property or other fixed assets in Harris County having an aggregate value 0[$10..000,,000 or more according to the most recent County or City tax roll. (1) The amount of financial security shall be at least the construction cost of restoring both the street area and any affected structures not owned by the permittee, plus 25% for design, contingencies, inspections, testing, etc.~ all as estimated by the Building Official. However, the minimum amount of financial security is $50,000 for work affecting any new roadway, or $1 O~OOO for other work. (2) The conditions of the bond or deposit guarantee shall be that the permittee will: (i) perform the work in accordance with tIle applicable seGtlons of this Code aJ.ld otller applicable regulations~ specifications and procedures, or dinances of the City, (ii) comply with the permit.. including the approved plans and specifications, established by the City, and (iii) defel1d alId il1dGlllllify the City and its officel s, ageltts and elllployees fi an.l and against all losses, damages and liability ,11 ising out of 01 I elatihg to any llegligellce on tIH~ part of the pel nlittee 01 its 5ubcontI aGtol s, includihi; (thY losses, dalnages 01 liability at ising out of or I ela:tiltg to allY joiilt 01 GOhelil1 ent hegligence of the City, ahd (iv) repair, replace and restore any and all defects in, or damages to, the work discovered within one year from and after the date that the work is officially accepted by the Building Official, which defects result from, arise out of or relate to any defects in materials furnished by, or workmanship ot: the permittee. CO Ills-ura/lee GIld Indenl/lity~ The Building:,~.QtB~1~ shall not issue a per.mit under this Chapter unless each permittee provides proof of~lwp~~~~] comprehensive general liability and automobile liability insurance and a written indemnity~ as provided below. Exceptions~ The Building Official may waive or reduce this requirement for small projects, if it is shown that the risk of loss is mimimal. (ii) See exceotion fOf self-insurance.. below. (1 ) The insurance must include limits of liability~ types of coverage (including A-4 explosion" underground.. collapse.. completed operations.. etc.)~ endorsements (additional insureds.. waiver of subrogation.. "per proiect" limits.. etc.) and other -"features that are equivalent to (or better than) those provided by City contractors performing similar activities in street areas. In lieu of such insurance.. in whole or in part the Building Official may accept evidence of self-insurance. The Building Official must require the permittee to submit either a certificate or other official determination of self-insurance issued by the appropriate state agency., or other proof of self-insurance satisfactory to the Building Official. (2) The written indemnity shall be in a form prescribed by the Building Official and equivalent to those provided by City contractors performing similar activities in street areas. Exceptiofl~. No indemnity is required for activities covered b an existin indemnit under Cha ter 283.. Texas Local.,.._..__.......,...... (eJ-W Presun-zption Of Maintaining. When a structure, hedge, excavation or other obstruction or impediment is: (i) located within, over or under a street area, public easement or other public place, and (ii) has no obvious public or utility use, and no obvious use by a permittee, it is presumed to be maintained by each person who controls the closest abutting area. ffl-ill Frallchisees~ etc.~ In any proceeding to enforce this section, it is an affirmative defense that, at the time of the offense: (i) the person charged was engaged in work authorized under a €ity franchise ordinance (or by superior law that pree.mpts the requirement for a franchise ordinance), (ii) notice of the work was given to the Public Warks Director in advance, (iii) the work had no effect, or only a minimal effect, on public areas or facilities, as determined by the Public Works Director, and (iv) there was complete compliance with applicable regulations, specifications and procedures, as promulgated by the Public Warks .Director. tg1 ill Enlergeflcy actiofl. In any proceeding to enforce this section, it is an affirmative defense that all of the following circumstances are present: , at tLe tinle oftlle offel1se: (i) the person charged was engaged in work urgently necessary to respond to an emergency and to protect the health or safety of the public, and (ii) fttH compliance with this Chapter (notices, financial security, insurance., indemnity~ plans, specifications, permits, reports.. certifications, etc.) was achieved as fully as practicable and as rapidly as practicable as soon as J easohably possible after the beginning of the emergency. W ill Protecliofl of 11elV road\vays. It shall be unlawful for any person to excavate, cut through, destroy or damage a new roadway without a special permit to do so signed by the Public Works Director. The Public Works Director may only sign such permits upon a showing of: (i) extrelue clear need and (ii) no reasonable feasible alternative to the wOlk that affects the new loadY\tay. In all cases, the new roadway must be restored to equal or better appearance and structural condition. For this purpose, patching or piecemeal restoration is not allowed. Instead, all work must begin and end at logical lines of demarcation established by the Public Warks Director (typically, these lines would be along pre-existing construction joints). In addition, all work to restore new roadways must comply. with the same standards and procedures observed by the City for new construction, including, but not limited to, preparation of plans and A-5 specifications by a registered professional engineer, full-time inspection by an employee or agent of the engineer, daily reports to the Public Warks Director, tree protection, access protection, traffic control~ lab tests of concrete and similar items, certification by a registered professional engineer that the work is completed in accordance with City-approved plans and specifications, etc. ,Exceptio'l: The Public Works Director may waive the requirements for a professional engineer in those circumstances where: (i) standard City specifications are used~ and (ii) equivalent quality-control measures are observed. (1) COflstructiof"l nlaterials alld eqUilJnlent~ The Building Official shall not issue a permit under this Chapter authorizing the use of any street area for materials or equipment related to construction on private property.. unless the use is authorized by a special exception issued by the BSC. The ESe may only issue such a special exception upon a showing of hardship and a clear need. Sec. 19.202. Specifications, etc. (a) Applicatioll. This section applies to all work for which a permit is required by this subchapter. (b) Stal1dard Plalls & SpecijicatioflS; Grades. The Public Works Director or the Building Official may establish: (i) standard plans and specifications for roadways.. sidewalks, driveways, curbs, gutters and other structures and (ii) the grade, elevation and other special features for a particular structure. Any plans, specifications, grades and elevations shall reflect: (i) recognized public works design principles, and (ii) legal requirements~ including access for p erso ns with disab ili ti es. (c) C0l11pliaflce Required Each pennittee shall cause the work to comply with: (i) all applicable standard procedures.. plans and specifications for the type of work authorized, with only those exceptions granted by the Building Official in writing, (ii) any grade, elevation or special feature mentioned in or attached to the permit, and (Hi) all applicable regulations~ including the provisions of this Chapter and Chapter 6 of this Code. (d) Exceptiof7S Fron1 Stalldards. For good cause shown, the Building Official may issue a permit with exceptions to standard plans and specifications, subject to the special rules, above, for new roadways. .Unless the permit clearly indicates otherwise, th.e City shall not be responsible for repairing or replacing any non-standard items, and the City may require the abutting owner to pay the cost of any such repair or replacement, regardless of whether the work is made necessary by the City. As a condition to a permit with exceptions, the Building Official may require the abutting owner to record an appropriate notice in the real property records. ( e) Stalldard Procedures~ Each permittee shall, in accordance with standard procedures set by the Building Official: (i) notify the Building Official before the beginning of each phase of the work, (ii) provide adequate opportunity for the Building Official to examine the work immediately before any concrete is poured and immediately before any part of the work is otherwise covered up, (iii) cause the work to be done in a good and workmanlike manner by trained and skilled persons, (iv) minimize disruption and inconvenience to other users of the same public areas, (v) remove~ reconstruct and correct any work that does not comply with this section, (vi) clean and restore the affected areas and (vii) properly dispose of all debris, trash, rubbish, etc. (f) Stalldard street structures (PWSF's). The standard design ofa streetlight and a street structure, as set out in Appendix B of Ordinance No. 1650, adopted July 24, 2000, is formally A-6 adopted and approved for joint use with a PWSF, as authorized by the PWSF Schedule of the Zoning Ordinance. Subchapter C. Sidewalks Sec. 19.301. Sidewalks required. (a) I,.l General. Persons are required to construct sidewalks in the circumstances required by Chapter 6. In addition, the City Council has the authority to order certain work on sidewalks in accordance with this Chapter. (b) Orderil1g Work~ If, after a public hearing, the City Council finds it necessary that side- .walks be constructed, reconstructed, repaired or brought to grade in the street area abutting the side, front or rear of any property in the City, the City Council may: (i) designate the locatio.ns~ and (ii) order that the work be done within a specified time period. (c) Notice To Ow/lers. If the City Council orders such work~ the Building Official shall . notify the owners of the abutting property. The notice shall include a copy of the order and specifications for the work promulgated by the Building Official or Public Works Director. (d) Pe/10rJ11iflg The Work. Each owner who receives such a notice shall have the specified time period in which to cause the work to be done. If the work has not been done when the time period expires, the City may: (i) cause the work to be done (or completed, in case it is partially done) and (ii) determine the reasonable cost and assess it to the abutting owner. The work may be done (or completed) by City forces or by a City contractor. ( e) Costs; Liefl. The City Council's determination of cost is conclusive. The cost of the work shall: (i) be billed to the abutting owner, (ii) be payable') with interest, at the City1s finance office, (iii) shall bear legal interest from the date payment is made for the work, and (iv) shall be a lien against abutting property. (f) Recorded Slalenlellt. The Mayor may make a statement, under oath, showing the cost of such work done in a street area abutting a parcel of property. The statement may include more than one parcel. The statement shall give the name of each owner of abutting property (as known to the Mayor) and a description of each parcel sufficient to identify it. No mistake of name of the owner or description of the parcel shall vitiate or defeat any claim for payment or lien. The statement shall be filed for record in the office of the county clerk. When .filed for record, it shall: (i) fix the amount stated as a preferred lien against each respective parcel of property; superior to all other liens, claims or titles except lawful taxes, (ii) constitute a personal demand against the owner of each parcel, and (iii) be prima facie evidence that all necessary preliminary things have been done to establish each lien and the amount thereof (g) EJ"?forcenleflt. Any such lien may be foreclosed by the institution of suit in any court of co.mpetent jurisdiction in the county. lfthe claim is placed in the hands of an attorney for collection, or if suit is filed thereon~ the costs thereof including a reasonable attorney's fee, shall be added thereto. Sec. 19.302. Change of street, sidewalk grade or line. This section applies to projects where the City ch311ges or alters the lines or grades of streets or sidewalks. The City may make such changes without liability to abutting owners or others on the part of the City by reason of said change. If the line or grade of a sidewalk is changed, but is in good condition and does not, in the opinion of the Building Official require A-7 r . entire reconstruction, the owner or owners of the abutting property may be given notice to: (i) break said sidewalk back to a point fixed by the Building Official, and (ii) remove the broken portion and reconstruct said portion on the line and grade determined by the Building Official, at the cost of said owner. This work may be required, and the cost may be assessed, in the same maruler as other work on sidewalks. Subchapter D~ Street Rental Charge Sec. 19.401. Imposed; amount; when payable. Upon the first day of February of each year~ every person occupying or using the streets, highways, easements, alleys, parks or other public places in the City with gas mains, pipes and other fixtures for the distribution of gas shalt, as a condition to such further occupancy, pay to the City annually for such privilege, a rental equal to three percent of the gross receipts received by such person from gas sold and delivered to residential and commercial consumers at . residential and commercial rates within the City for the preceding calendar year. Sec. 19.402. Report of gross receipts of payor. All persons using or maintaining any gas pipe lines, pipes and other fixtures in any of the streets, highways, easements, alleys, parks.or other places within the corporate limits of the City shall, on the first day of February of each year, file with the City Secretary a sworn report sh.owing the gross receipts from gas sold and delivered to residential and commercial consumers at residential and commercial rates by such persons within the corporate limits of the City for the preceding year ending the last day of December. Sec. 19.403. Examinations of books and records of payor. The City Council may, when it <may see fit, have the books and records of any person rendering the statement required in this subchapter examined by a representative of the City to ascertain whether such statement is accurate, but nothing in this section shall be construed to prevent the City from ascertaining the facts by any other method. Sec. 19.404. Receipt for payment. Upon receipt of the rental charge imposed by this article by the City, the City Secretary shall deliver to the person paying the same a receipt therefor, which receipt shall authorize such person to use and occupy the streets, highways, easements, al1eys~ parks and other public ways of the City in carrying on his business for twelve months from January first of such year. Sec. 19.405. Charge additional to taxes. The rental charge imposed by this article is not charged as a tax but is made for the privilege now enjoyed by the persons upon whom it is imposed of using the streets, easements, alleys and other public ways of the City in the conduct of their business, and such charge is additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against such persons. Sec. 19.406. Other laws and ordinallces. A-8 J " /.. ( .Nothing in this article is intended to relieve any person of any condition, restriction or requirement imposed by the law, this Code or other ordinance of the City. Sec. 19.407. Not a franchise; cancellation. This subchapter does not grant a franchise to any utility or person to use the streets, easements, alleys and other public ways and shall never be so construed by the courts or otherwise, and the City reserves the right to cancel the privileges granted hereunder and refund the unearned rentals paid to the City. Sec. 19.408. Restrictions, regulations, etc. The City hereby reserves the right to put into effect at any time other restrictions and regulations as to the erection and maintenance of gas mains, pipes and other appurtenances in the streets, easements, alleys and other public ways of the City and from time to time to require such gas mains, pipes and other property, equipment and fixtures as it may deem proper to be . removed on such terms as the City may deem proper. Subchapter E. Building Moving Sec. 19.501. Definitions. In this subchapter: (1) "BuildingH has the same .meaning as in the zoning ordinance, except that: (i) a part of a building is included in this definition, and (ii) a small portable building, as defined in Chapter 6 of this Code, is excluded from th.is definition. Disassembling or altering a building so that it can be moved does not remove it from this definition, and the parts are considered the same as the whole building for purposes of this article. (2) HLicenseeu means any person holding a valid~ unexpired license under this subchapter. Sec. 19.502. License and permit required. (a) 1/1 Gellera!. It shall be unlawful for any person to move a building, or to attempt to move a building~ upon or over any street area, unless: (1) a licensee controls such activity; and (2) a valid building moving permit issued to such licensee authorizes the move~ and (3) all conditions in the permit are cOlnplied with. (b) lflside 10 Outside GIlly. Permits may be issued only for moving buildings from inside the City to outside the City. (c) C0/11pliallce Required It shall be unlawful for any person to fail or refuse to comply strictly with the provisions of this chapter in connection with the moving of any building. Sec. 19.503. Equipmellt. (a) Geflerally. No person shall move or attempt to move any building by means of any equipment, unless: (1) the equipment has been registered with the Building Official; A-9 (2) the Building Official has issued a certificate of cOlnpliance for such equipment; and (3) the equipment is owned or leased (long-term) by the licensee moving the building, is being purchased by that licensee, or is on loan fro.m another licensee. (b) Markillg. All moving equipment shall be plainly marked in letters not less than four inches in height, showing the name of the licensee who owns it, leases it or is purchasing it. (c) Lights. Amber or red lights at least four inches in diameter, with two units to each side on the bacl(~ not less than three feet nor more than six feet above the ground, with one on each side in the center of the load, shall be required when the building is being moved. There shall be comparable lights of amber color across the front of the load; and these lights shall be in operation at all times while the building is upon a street area. (d) Barricades, vvarniflg lights, etc. Barricades, warning lights and other danger warning devices shall be placed wherever any building is stopped on any street area for any period of time in excess of ten minutes. Sec. 19.504. Additional safety equipment. The Building Official is authorized to require a licensee to use additional safety equipment while any building is within a street areas. Sec. 19.505. Establishment of times, routes, etc. (a) Perl11it COllditio/1S. The Building Official may establish and direct, as conditions of a permit: (i) the earliest and latest times when the house moving shall start and the time within which it shall be co.mpleted, (ii) the routes over which buildings may be moved, (iii) whether an observer designated by the Building Official must be present, and (iv) other reasonable and necessary regulations and conditions. (b) Notice Of Start. No move shall begin until the building is loaded on the equipment, an inspection of the loaded rig by the Building Official has been requested and the Building Official has been given at least twelve hours' advance notice of the exact time when the move is planned to start The licensee may give notice of cancellation of such a scheduled start. If such notice is given not less than four (4) hours prior to the scheduled start, no additional fee is required for the rescheduling of a move. (c) J?.ollte Challges. Route changes may be authorized by the Building Official or his authorized agent. ( d) Maxinlunl Sizes. In no event may the height of a loaded building exceed 14.5 feet (except that a central peak may extend to a height not to exceed 17.5 feet), nor may the width exceed thirty feet. The Building Official may impose smaller size limits, especially to minimize disruption to trees, public facilities, use of the street areas or other activities or facilities. Height and width are detern1ined by measuring the building as loaded on the equipment, including any vehicle, braces or wheels that may be used for the move. Sec. 19~506. Maximum time limit. No move may use the street areas for a total period of time in excess of twelve hours. A-l0 Sec. 19.507. Inspection of route prior to moving. All routes over which a building is to be moved shall be physically inspected prior to each move by the licensee and may be inspected by the Building Official and other persons. Sec. 19.508. Escort. Unless an exemption is approved by the Chief of Police, every building being moved upon or over any street area must be accompanied by a police officer of the City, except when it is temporarily stopped and marked as provided for herein. The licensee shall be responsible for scheduling the move and the availability of the police officer with the Chief of Police. Sec. 19.509. Authority to stop, etc. The police escort and the Building Official's designated observer are each empowered to stop any move at any time to inspect the rigging, trucks and lighting and trees, power lines or other obstructions. The observer is authorized to aid and assist the police escort in traffic . co ntro I. Sec. 19.510. Continuous motion, etc. (a) MotiO!1. _During the entire time that a building is occupying the street area, or any portion thereof: the licensee shall make every reasonable effort to keep it continuously in motion toward its destination and, insofar as practical, he shall not allow the work of moving to stop during such time. (b) Not [rflatteflded~ No building shall be left unattended on any street area. ( c) Renloval,~ Costs~ When a building is left on a public street area, and, .in the opinion of the Chief of Police, the mover is not proceeding with all diligence, or appears to have no reasonable likelihood of successfully moving the building from the street area, the Chief of Police shall have authority to remove or cause the removal of such building, and all costs pertaining to such removal shall be paid by the licensee. Sec. 19.511. .Utilities. (a) DiscOflllectillg utilities. It shall be unlawful for any licensee to disconnect any utility connection or facility without the consent of the utility serving such connection. (b) Renloviflg or destroyil"lg poles or lvires~ It shall be unlawful for any licensee to remove, tear down or destroy any pole, street name signs, traffic sign, utility facility, wire or other property belonging to the City or to any franchisee of the City without the consent of the owner. Sec. 19.512. Trees. It shall be unlawful for any licensee engaged in moving a building to cut down any tree or to cut any branches therefrom without prior approval of the Building Official. This approval lTIUst be obtained in addition to any tree permit required by another ordinance of the City and in addition to the approval of any other person who may own the tree in question (in the case of trees outside the street area). A-II Sec. 19.513. Removal of equipment and debris. (a) In Gel/era/. It shall be the duty of the licensee, at the times required by this section: (1) to remove and properly dispose of all equipment, slab, porches, beams, rubble, steps and. other debris resulting from the moving of any building; and (2) to grade the surface of all ground occupied by the building moved or otherwise affected by the move, such grading to be accomplished so that water will not accumulate and the ground can be mowed with ordinary domestic lawnmowing equipment. (b) 11111e 1'0 COfllply. The removal, disposal and grading shall be commenced by the licensee as soon as practicable after the building is moved and must be prosecuted diligently to completion by the licensee. In all cases, the licensee must complete the removal, disposal and grading on or before the tenth day following the day the building is moved. It is an affirmative defense to prosecution for a delay in completion that: (i) inclement weather prevented the completion and (ii) diligence was used to complete the work at the earliest practicable time. (c) Affirnlative Defense. It is an affirmative defense to any prosecution under this section that another responsib.le person has signed and filed with the Building Official a written document (on a form prescribed by the Building Official) assuming the licensee's dut.ies under this section with respect to the violation alleged in the prosecution. Sec. 19.514. Removal of debris, trash, etc. It shall be the duty of the licensee to remove and properly dispose of all trash or debris in any street area resulting from the moving of any building~ and such work shall be done within four hours following the time that the move is completed. Sec. 19.515. Completion; repairs. (a) Notice Of Conlpletiofl. Within 24 hours following completion of each move, the licensee shall notify the Building Official of such fact. The Building Official shall cause an inspection to be made of the route of moving. If the Building Official finds that the move has caused damage to the street areas, curbs, gutters, sidewalks or other public property~ the Building Official shall notify the licensee, specifying the damage. The licensee shall proceed within two working days from the date of such notification to begin th~ work of repairing the damage, which work shall be promptly done and completed under the supervision of and to the entire and complete satisfaction of the Building Official. (b) Repairs By City; Certificates. If the licensee fails to begin work within two working days, or fails to continuously proceed therewith promptly and expeditiously, or fails to complete it to the entire and complete satisfaction of the Building Official, the Building Official may cause the dalnage to be repaired on behalf of the City. In such case, the Building Official shall make and execute a certificate, setting out the relevant facts pertaining to the transaction~ and shall certify therein the amount of damage sustained by the City and shall file the certificate with the City Manager. The licensee, by accepting the permit provided for in this article, does thereby constitute and appoint the Building Official as his agent and representative with full power and authority to bind the licensee and his surety to prepare and file such certificate. Upon the filing of the certificate, the amount stated therein shall be and become a sum:! liquidated and certain, owing to the City by the licensee and the surety on his bond and, in any suit involving such sum, the facts recited in the certificate and the amount of damage certified therein shall in A-12 all things be presumed to be true and binding upon the licensee and his surety in the absence of clear, convincing and unmistakable proof that the Building Official has acted arbitrarily and without any evidence whatsoever of such facts. (c) City OptiOfl~ Notwithstanding the foregoing provisions, the City may, as an alternative, and at the City's option, make or cause to be made repairs to its property damaged by the licensee and the licensee shall be obligated to pay the City reasonable costs of such repairs. Sec. 19.516. Completion certificate. The Building Official shall issue a completion certificate after the move has been completed, all inspections are made and approval has been given by the Building Official. Such certificate shall not be issued until repairs or replacements have been made for any public property damaged in such move and the removal, disposal and grading work required by this chapter have been completed. Sec. 19.517. Business license. (a) Gellerafly. A person desiring to engage in the business of building moving must make application for a license to the Building Official together with .a bond, proof of insurance and the required fee. Fees are set by separate ordinance and are not refundable. (b) IJ1Spectiol,. Prior to the issuance ofa license (other than a renewal license), the Building Official or his duly auth.orized agent shall inspect th.e moving equi.pment intended to be used by the applicant, and, if such equipment appears safe, adequate and in compliance with this chapter, a certificate shall be issued for display upon or within eacl1 approved tractor or towing .uni t. (c) ISSlIallce. The Building Official shall examine the application for a license under this article and make such investigation as may be necessary and i( in his opinion, based upon such application and investigation, the applicant is entitled to a license, he shall issue to the applicant a license upon the execution and delivery of the bond and insurance documents required by this article. (d) Expiratioll; Rellelval. Each license (and each renewal) is valid only during a calendar year. Prior to expiration, a license in good standing may be renewed, if the licensee pays the required fee and provides proof that the bond and insurance will continue in effect. If a license is under suspension, the license may not be renewed until the suspension period has ended, and there is no proration of the renewal fee. (e) BOlld. Before a license is issued, the licensee must file with the City a bond signed by the licensee as prin.cipal and by a good and sufficient corporate surety approved by the Building Official. The amount of the bond must be at least $lO,OOO~ or such greater amount as is set by other ordinance. The condition of the bond shall be that the licensee will engage in the business of building moving within the City in strict accordance with the terms of this chapter, and will pay to the City any and all damages to street areas, curbs, gutters, water lines, traffic signals and signs, fire hydrants and other public property occasioned in any manner by the licensee's moving of buildings or related items. Each such bond shall contain a provision that it shall not be exhausted until a recovery or recoveries have been obtained by the City totaling the full amount of the bond. (f) If/sura/Ice. In addition to the requirement for a bond, each licensee must carry general liability insurance and motor vehicle liability insurance with limits of at least $500,000 per A-I3 person and $100,000 for property damage, with an overall limit per occurrence of at least $l,OOO,OOO~ In addition, the licensee must have worker1s compensation and employer's liability coverage to at least the extent required by state law. The Building Official shall prescribe requirelnents for the carriers, endorsements and coverages of such insurance so that they are substantially similar to the insurance requirements on City construction contracts. The Building Official shall prescribe the documents which a licensee must submit to prove the existence of such insurance. Sec. 19.518. Movillg permit. A licensee desiring a permit shall, no later than the third working day before the move, apply to the City building inspection office~ showing the present location of the building, the proposed route of moving, the size and type of construction and such other information as the Building Official may require~ The fee is set by separate ordinance. A-14