Article 5. Moving
Buildings
The city clerk or his
or her authorized designee shall be designated as the building official
responsible for the administration and enforcement of this article.
(Code 2025)
No person, firm or
corporation shall move, haul, or transport any house, building, derrick, or
other structure of the height when loaded for movement of 16 feet or more from
the surface of the highway, road, street or alley, or a width of eight feet or
more or which cannot be moved at a speed of four miles per hour or faster,
upon, across or over any street, alley or sidewalk in this city without first
obtaining a permit therefor.
(K.S.A. 17-1914; Code 2025)
All applications for
permits required under the provisions of this article shall be made in writing
to the city clerk specifying the day and hour said moving is to commence and
the route through the city’s streets over which the house, building, derrick or
other structure shall be moved and stating whether it will be necessary to cut
and move, raise, or in any way interfere with any wires, cables or other aerial
equipment of any public or municipally-owned utility, and if so, the
application shall also state the name of the public or municipally-owned
utility, and the time and location that the applicant’s moving operations shall
necessitate the cutting, moving, raising or otherwise interfering with such
aerial facilities.
(K.S.A. 17-1915; Code 2025)
(a) It shall be the duty of any person at the
time of making application for a permit as provided in this article to give a
good and sufficient surety bond to the city, to be approved by the governing
body, indemnifying the city against any loss or damage resulting from the
failure of any such person to comply with the provisions of this article or for
any damage or injury caused in moving any such house or structure. The bond
herein shall be in the sum of $1,000, or cash may be deposited in lieu of such
surety bond.
(b) A public liability insurance policy issued by
an insurance company authorized to do business in the State of Kansas, in the
amount of $100,000 per person, $300,000 per accident as to personal injury, and
$50,000 property damage may be permitted in lieu of a bond.
(Code 2025)
Before any permit to
move any house or structure is given under the provisions of this article, the
applicant shall pay a fee of not less than $5 to the city clerk; plus the
additional cost for the time for any city crews involved in such moving.
(Code 2025)
The city clerk shall,
upon filing of the above application, refer the same to the chief building
official or his or her authorized designee to check the proposed route and
determine if it is practical to move such house or other structure over the
route proposed. If it shall appear that such route is not practical and another
route may be used equally well with less danger to street and travel, then he
or she may designate such other route as the one to be used and shall notify
the applicant of the same. The building official may also require the planking
of any street, bridge or culvert or any part thereof to prevent damage thereto.
It shall also be the duty of the chief building official or his or her
authorized designee to inspect the progress of moving any house or other
structure to see that the same is being moved in accordance with the provisions
of this article.
(Code 2025)
(a) Upon issuance of a moving permit the
applicant shall give not less than 15 days written notice to any person owning
or operating any wires, cables or other aerial equipment along the proposed
route of the intent to move the structure, giving the time and location that
the applicants moving operation shall necessitate the cutting, moving, raising
or interfering of any wires, cables or other aerial equipment.
(b) The notice provision of subsection (a) shall
not apply where the person owning or operating any wires, cables or other
aerial equipment has waived their right to advance notice.
(c) Should the moving operation be delayed, the
applicant shall give the owner or his or her agent not less than 24 hours
advance notice of the actual operation.
(K.S.A. 17-1916; Code 2025)
(a) It shall be the duty of the person or the
city owning or operating such poles or wires after service of notice as
provided herein, to furnish competent lineman or workmen to remove such poles,
or raise or cut such wires as will be necessary to facilitate the moving of
such house or structure. The necessary expense which is incurred thereby shall
be paid by the holder of the moving permit.
(b) The owner of any wires, cables or other
aerial equipment, after service of notice as provided in section 4-507, shall
be liable to the permit holder for damages in an amount not to exceed $100 per
day for each day the owner shall fail or refuse to accommodate the permit
holder’s moving operations.
(K.S.A. 17-1917; Code 2025)
It shall be unlawful
for any person engaged in moving any house or other structure to raise, cut or
in any way interfere with any wires or poles bearing wires or any other aerial
equipment.
(K.S.A. 17-1918; Code 2025)
It shall be the duty
of any person moving any of the structures mentioned in this article upon or
across any street, alley or sidewalk or other public place, in this city, to
display red lanterns thereon in such a manner as to show the extreme height and
width thereof from sunset to sunrise.
(Code 2025)
No person shall trim
or cut any shade trees for the purpose of allowing any building to pass through
or upon any street, avenue or alley or lands within the city without the
consent and under the direction of the owner of the trees and mayor or street
commissioner.
(Code 1990)