HomeMy WebLinkAboutOrdinance - 176 - Regulating the Moving of Buildings - 07/11/1972 VILLAGE OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 176
AN ORDINANCE REGULATING THE MOVING
OF BUILDINGS AND PROVIDING A PENALTY
The Village Council of the Village of Eden Prairie does hereby ordain
as follows:
Section 1 . Permit Required. No person shall move, remove, raise or hold x
up any building within the limits of the Village of Eden Prairie wi thou t first
obtaining a permit from the Building Inspector
Section 2. Application. A person seeking issuance of a permit hereunder
shall file an application for such permit with the Building Inspector in writing,
upon forms provided by the. Building Inspector. The application shall disclose such
information as the Building Inspector shall find necessary to a determination of
whether a permit should be issued. A permit fee of $50 and the following papers
shall be filed with the application:
(a) Sufficient evidence that all real estate taxes and special assessments
against the building and lot from which it is to be removed are paid in full .
(b) A written statement or bill of sale or other sufficient written evidence
that the applicant is entitled to move the building.
(c) Written evidence of arrangements with all public utility companies whose
wires, lamps or poles are required to be removed, for the removal thereof by the
Company.
(d) A liability insurance policy or certificate of such insurance issued by
an insurance company authorized to do business in the State of Minnesota. The policy
shall insure the applicant and the Village of Eden Prairie as an insured in the sum
of at least $25,000 for injury to one person, and $50,000 for one accident, and at
least $25,000 property damage, and the policy shall be kept in effect until after the
building has been moved. '<
(e) A cash deposit in the sum of $500 as an indemnity for any damage which
the Vi 1 ]age may sustain by reason of damage or injury to any highway, street or alley,
sidewalk, fire-hydrant or other property of the Village, which may be caused by or
be incidental to the removal of any building over, along or across any street in the
Village, and for any expense incurred by the Village under subdivision (b) of Section
5•
Section 3. Duties of the Building Inspector.
(a) Inspection. The Building Inspector shall inspect the building and the
applicant ' s equipment to determine whether the following standards for issuance of
a permit are met. He shall refuse to issue a permit if he finds that:
Ordinance No. 176
Regulating the Moving of Buildings
Page Two
(1 ) any application requiremtn or any fee or deposit bond, or insurance
requirement has not been complied with;
(2) the building is too large to move without endangering persons or
property in the Village;
(3) the building is in such state of deterioration or disrepair or is
otherwise so structurally unsafe that it could not be moved without endangering
persons and property in the Village;
(4) the building is structurally unsafe or unfit for the purpose for
which moved, if the location to which the building is to be moved is in the Village;
(5) the applicant 's equipment is unsafe and persons and property would be
endangered by its use;
(6) zoning, building code or other ordinances would be violated by the
vuilding in its new location if such location is in the Village;
(7) for any other reason, persons or property in the Village would be
endangered by the moving of the building; or
(8) the building is in substantial variance with either the established
or the expected pattern of building development within the neighborhood to which
the bui 1 di ng i s to be moved. The findings of a comparative study of age, bulk,
architectural style and quality of construction of both the building to be moved
and the buildings either existing or expected in the neighborhood shall be the
criteria by which the Building Inspector shall determine the degree of variance.
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(b) Fees and Deposits.
(1 ) Return upon Non-issuance. Upon denying a permit, the Building Inspector
shall direct the Village Treasurer to return to the applicant all deposits, bonds and
insurance pol i ties. The permit fee filed with the application shall not be returned.
(2) Return upon Allowance for Expense. After the building has been moved,
the Building Inspector shall furnish the Village Manager with a written statement of
all expenses incurred and of al 1 damage caused to or inflected upon property belonging
to the Village by reason of the move. The Vi l T age Manager shall authorize the
Village Treasurer to return to the applicant all deposits after deducting a sum
sufficient to pay for all of the costs and expenses and for all damage done to property
of the Village. The permit fee deposited with the application shall not be returned.
(3) Designate Streets for Removal . The Building Inspector shall procure
from the Department of Public works a list of designated streets over which the building
may be moved. The Building Inspector shall have the list approved by the Chief of
Police and shall reproduce the list upon the permit in writing. In making their
determinations the Department of Public Works and the Chief of Police shall act to +4
assure maximum safety to persons and property in the Village and to minimize congestion
and traffic hazards on public streets.
(4) Duties of Permittee. Every permittee under this ordinance shall :
(a) Use Designated Streets. Move a building only over streets designated
for such use in the written permit.
Ordinance No. 176
Regulating the Moving of Buildings
Page Three
(b) Notify of Revised Moving Time. Notify the Building Inspector in
writing of a desired change in moving date and hours as proposed in the application,
(c) Notify of Oamage. Notify the Building Inspector in writing of any and all
damage done to property belonging to the Village or any public utility within 24
hours after the damage or injury has occurred.
(d) Display Lights. Cause red lights to be displayed during the night time
on every side of the building , while standing on a street, in such manner as to warn
the public of the obstruction, and shall at all times erect and maintain barricades
across the streets in such manner as to protect the public from damage or injury by
reason of the removal of the building. Warning lights with open flames shall not be
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used.
(e) Street Occupancy Period. Remove the building from the Village Streets after
two days of such occupancy, unless an extension is granted by the Building Inspector.
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(f) Comply with Governing Law. Comply with the Building Code, the Fire Zone
Ordinance, the Zoning Ordinance and all other applicable ordinances and laws upon
relocating the building in the Village.
(g) Pay Expense of Officer. Pay the expense of a traffic officer ordered by
the Vi 1 cage Manager to accompany the movement of the building to protect the public
from injury.
(h) Clear Old pre-4ni ses. Remove al 1 rubbish and materials and fill all excavations
to existing grade at the original building site, if within the Village, so that the
premises are left in a safe and sanitary condition. All foundation structures are to
be removed to a depth of 1.8 inches below the finished grade of a lot.
(i ) Remove Service Connection. Cause the sewer I ine to be plugged with a
concrete stopper, and the water to be shut off if the original building is within the
Village. Permi ttee sha l 1 notify the gas and electric service companies to remove
their services.
(j) Comp e t i on of Remodel i ng. If the building is relocated in the Village,
complete within 9Fjdays after removal , all remodeling, additions or repairs as shown
on the plans accompanying the application.
Section 5. Liability of Permi ttee to Village
(a) Permittee Liable for Expense above Deposit, The permittee shall be liable
for any expenses, damaes or costs in excess of deposted amounts or securities.
(b) Original Premises Left Unsafe. If the original building site is within the
Village, the Village shalt proceed to do the work necessary to leaving the original
premises in a safe and sanitary condition., where permi ttee does not comply with the
requirements of this ordinance, and the cost thereof shall be charged against the
cash deposit.
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Ordinance No. 176
Regulating the Moving of Buildings
Page Four
Section h. Appeal to Council . Any applicant to whom a permit has been
denied by the Building Inspector may appeal to the Village Council . The applicant
sha 1 1 submi t a noti ce of appeal to the Vi 1 l age Cl erk i n wri ti ng, and the ma tter j
shall be heard by the Council at a regular or special meeting to be held within
35 days after filing of the notice of appeal . The Council nay affirm, reverse
or modify the action of the Building Inspector. s
Section 7. Penalty. Any person violating or failing to comply with any
provision of this ore shall upon conviction therof, be fined not to exceed
$300, or be imprisoned not exceeding 90 days. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall be punishable
as such hereunder.
Section 8. Date of Effect. This ordinance shall take effect and be in force
from and after its approval as required by law.
FIRST READ at a regular meeting of the Council of the Village of Eden Prairie
this llth day of ,k+1y , 1972, and finally read, adopted and ordered published
at a regular meeting of the Council of said Village on this 25 day of Jul Y ,
1972.
Paul R. Redpath, May
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J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated istslMaal g
has been the vice president and printer of the newspaper known as The Minnetonka-Eden Prairie g0.�y o
Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in ts►T`Aa*. la ssmld`i)tlilas
the English language in newspaper format and in column and sheet form equivalent in printed � w,lieh.4bt
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least as.
once each week. 0) Said newspaper has 50% of its news columns devoted to news of local
J interest to the community which it purports to serve and does not wholly duplicate any other %■1}!bt"Y �� eadosa�tltAdW�-
ti publication and is not made up entirely of patents, plate matter and advertisements. (4) Said 4xasabasanyatr }btbs x
newspaper is circulated in and near the municipality which it purports to serve, has at least vbdfal Mgt )aaarsadby
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500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total tk „r s fit,
circulation currently paid or no more than three months in arrears and has entry as second- �et�ops a! iaLWr�l slt#a4ae
class matter in its local r P tac.l' p post-of.ice. (5) Said newspaper purports to serve the City of Minne- taw pa�l�bopmow
tonka and Village of Eden Prairie in Hennepin County and it has Its known office of issue sdglg'J�Alp.etzpl.`bsdlYuuts Yadtba
in the City of Bloomington to Henhepin County. established and open during its regularg W !
business hours for the gathering of news, sale of advertisements and sale of subscriptions and "! 6ciaraasxda
maintained by the managing officer or persons in its employ and subject to his direction and �gayt /ssM
control during all such regular business hours and devoted exclusively during such regular
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business hours to the business of the newspaper and business related thereto. (6) Said newspaper �la is 1oP�l tY
files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has {t%1ks loost
complied with all foregoing conditions for at least two years preceding the day or dates of t
publication mentioned below. (8) Said newspaper has filed with the Secretary of State of k,�,11af1�i�blppepatii0R�1RANlr
Minnesota prior to January 1, 1988 and each January 1 thereafter an affidavit in the form + Rd OegitNMaa�aiN.o
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prescribed by the Secretory of State and signed by the publisher of said newspaper and sworn
to before a notary public stating that the newspaper is a legal newspaper.
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He further states on oath that the printed. r * i
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed r 4aii4alatrtreRr!-
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and published therein in the English language, once each week, for oM successive weeks; ,. asri•
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that it was first so published ort TZ'fR" the 3rd day oLAUllust►
and was thereafter printed and published on every to and including
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the, day of , 19 and that the following is a printed copy -y
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to-wit:
abcdefghijklmnopgrstuvwxyz
abcdMgbijklmnopgrstuvwsys
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Subscribed and sworn to before me this 3rd day of August. 1972
(Notarial Seal)
Muri i I.. Quist, Notary Public, Hennepin County, Minn.
My Commission Expires July 28th. 2>i7+6 /998
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