HomeMy WebLinkAboutOrd 1665 - pavement, street and other public places
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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
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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
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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:
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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.
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(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
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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)
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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
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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
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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
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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
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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.
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.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;
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(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.
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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
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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).
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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
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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
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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.
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