HomeMy WebLinkAboutOrdinance - 79-34 - House Moving Ordinance - Amending Ordinance No. 176 - 10/02/1979 REVISED 9/27/79
AGAIN REVISED 10/10/79
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 79-34
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AN ORDINANCE AMENDING ORDINANCE NO. 176 , ADOPTED JULY 25 ,
1972 AND ENTITLED "AN ORDINANCE REGULATING THE MOVING OF
BUILDINGS AND PROVIDING A PENALTY"
The City Council of the City of Eden Prairie does hereby
ordain as follows :
Section 1 . Ordinance No . 176 , adopted July 25 , 1972 , and
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entitled "An Ordinance Regulating the Moving of Buildings and
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Providing a Penalty" is amended to read:
"Section 1 . Permit Required.
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(a) Except as provided in Section 1 (b) hereafter ,
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no person shall move, remove, raise or hold up any building
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within the limits of the City of Eden Prairie ( "City") ,
without first obtaining a permit from the City. Person as
used herein shall include , but not be limited to , the owner and
mover of any such building.
(b) No permit shall be required for the movement of
any building through the City under all of the following
circumstances :
(i) The building is being moved from and
to points outside the city, (ii) the building is
being moved on or over streets or roads not under
the jurisdiction of the City, and (iii) if the
building is being moved on a state trunk highway,
a permit has been granted therefor by the Minnesota
Commissioner of Highways , or if the building is being
moved on a highway under the jurisdiction of the
Hennepin County Board , a permit has been granted
therefor by the Hennepin County Board or County
Engineer.
Section 2 . Application. A person seeking issuance of
a permit hereunder shall file an application for such permit with
the City' s Building Official in writing, upon forms provided by
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the Building Official. The application shall include the address
and legal description of the land on which the building is
situated, and if within the City, to which it is proposed to be
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moved, the route , including identification of streets or roads
over which it is to be moved, the distance , the proposed date
of movement , the status of any outstanding taxes and such other
information as the City shall require for the determination to
be made hereunder. The application shall not be accepted for
filing unless accompanied by the following:
(a) Evidence that all real estate taxes and special
assessments against the building and land from which it is to
be removed are paid in full.
(b) A written statement, bill of sale or other
written evidence that the applicant is entitled to move the
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building. }
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(c) Written evidence of arrangements with all R
public utility companies whose wires , lamps or poles are required
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to be removed , for the removal thereof by the applicant.
(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
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applicant and the City as an insured in the sum of at least
$25 , 000 for injury to one person, and $50 , 000 for one accident,
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and at least $25 , 000 property damage , and the policy shall be
kept in effect until after the building has been removed.
(e) A cash deposit in the sum of $1 , 000 as an
indemnity for any damage which the City may sustain by reason
of damage or injury to any highway, street or alley, sidewalk ,
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fire-hydrant or other property of the City, which may be caused 4
by or incidental to the movement of the building in the city ,
and for any expense incurred by the City pursuant to Section 7
hereof . 3
(f) Payment of a fee in the amount of $250. 00 for
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the permit.
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(g) If the building is to be located within the City
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after its movement, a survey by a licensed surveyor of the
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land to which the building is to be moved, including the location
of the building in relation to the boundaries of the land.
(h) If the building is to be located within the
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City , after its movement, photographs of , (i) two or more views
of the building to be moved, (ii) the lot on which the building
is to be located, and (iii) the lands, and structures thereon,
adjacent to the lot on which the building is to be located.
Section 3 . Duties of the Building Official.
(a) Inspection. Upon receipt of the application
accompanied by the fee , deposit, certificate of insurance ,
statement and information required by Section 2 hereof , the
Building Official shall review the application and make such
investigation as he shall deem appropriate . He shall also obtain
the recommendations of the Director of Public Safety and City
Engineer with respect to the streets and roads on which the
building may be moved to assure the greatest degree of safety to
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persons and property and to minimize congestion on public
streets . Upon completion of his review and investigation, the
Building Official shall :
(i) In those instances in which
applicant requests moving a building to a location
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other than within the City , either deny issuance
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of a permit if he rinds any of the matters set forth
in Section 5 hereof, except Subdivision ( f) or (g) , R
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or if he does not so find, authorize issuance of a
permit or
(ii) in all other instances , make his report
to the Board of Appeals and Adjustments ( "Board" ) .
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Section 4 . Board of Appeals and Adjustments - Public
Hearing.
(a) In those instances in which applicant requests
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the moving of a building to a location within the City , the
Board shall hold a public hearing on whether a permit shall
be issued not later than 60 days after the application has been
accepted for filing. Notice , including the time , date, place
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and purpose of the hearing shall be given by publication in the
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official newspaper of the City and by mailing to the owners of
real property situated within 500 feet of the land to which the
building is to be moved at least ten days prior to the date of
the hearing. Notice containing the same information shall be
posted on the property to which the building is to be moved,
not less than 30 days prior to the date of the hearing. Failure
to give mailed notice or any defect in the notice shall not
invalidate the hearing or any proceedings taken thereat. °
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(b) Not later than 5 days after conclusion of the
hearing the Board shall either deny issuance of a permit if
it finds any of the matters set forth in Section 5 herein or if
it does not so find , authorize issuance of a permit.
Section 5 . Denial of a Permit. Issuance of a permit shall
be denied upon a finding of any one of the following:
(a) applicant has not (-mmnl i ozA with --ny ra .Zuirerei-it
imposed pursuant to Section 2 hereof;
(b) persons or property in the City would be
endangered b movement of the building, because it is too a Y g, s t large
or for any other reason;
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(c) the building is in such state of deterioration 4
or disrepair or is otherwise so structurally unsafe that it
would constitute a danger to persons or property in the City ;
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(d) 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 City;
(e) The equipment for moving the building is unsafe
and persons or property would be endangered by its use;
(f) the building or its use would not be in
compliance with zoning, building or other ordinances of the
City, if the location to which the building is to be moved is
in the City;
(g) if the location to which the building is to be
moved is in the City, the building is in substantial variance
with either the established or the expected pattern of building
development within the neighborhood to which the building is to
be moved. Comparative age, bulk , architectural style and quality
of construction of both the building to be moved and the buildings
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existing in the neighborhood shall be considered in determining
whether a building is in substantial variance. If the building
to be moved is more than ten years older than the oldest
building situated on the lands abutting the land to which the
b�.iilding is to be moved, such fact shall be evidence that the
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building to be moved is in substantial variance.
^ -�-� �s ^f pern+zt un1 rler_J Persons receiving a -
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permit from the City pursuant to this ordinance shall :
(a) Use Designated Streets . Move the building over
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those streets only, which are designated for such use in the
permit.
(b) Notify of Revised Moving Time. Notify the
Fuilding Official in writing of any desired change in the date
or times of moving the building from that indicated in the
application and conduct moving operations only on the date and at
the times designated in the application or approved in writing
by the Building Official and notify the Department of Public
Safety at least 24 hours prior to commencing movement of the
building.
(c) Notify of Damage . Notify the Building Official
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in writing of damage caused to property belonging to the City
or any pliblic. 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 each side of the building; while
situated on a public street, in such manner as to warn the
public of an obstruction, and at all times erect and maintain
barricades across such streets as shall be necessary and in
such manner as to protect the public from damage or injury by
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reason of the presence , movement or removal of the building .
Warning lights with open flames shall not be used.
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(e) No Parking. Not park the building on any
City street at any time during the moving process .
(f) Comply with Governing Law. Comply with the
Building Code, the Fire Zone Ordinance , the Zoning Ordinance
(g) Pay Expense of Officer. Pay the expense of any
traffic officer ordered by the City Manager to accompany the
movement of the building to protect the public from injury.
(h) Clear Old Premises . Remove all rubbish and
materials and fill all excavations to existing grade at the original
building site, if within the City, so that the premises are left
in a safe and sanitary condition. All foundation structures
shall be removed to a depth of 18 inches below the finished
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grade of the earth.
(i) Remove Service Connections . Cause any sewer lines
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to be plugged with a concrete stopper, and the water to be
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shut off if the original building is within the City. The holder
of the permit shall notify gas , electric and other utilities
to remove their services .
(j ) Completion of Remodeling . If the building is
relocated in the City , complete within 90 days after removal ,
all remodeling, additions or repairs as indicated in the
application, in any document filed in support thereof, or in any
building permit issued in connection therewith.
(k) Take all reasonable precautions to secure the
building and to reduce danger to any member of the public until
the building is set on its foundation and any remodeling,
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additions or repairs , described in the application , have been
completed, including but not limited to, (i) locking all doors
and windows ; (ii) providing sufficient support or bracing so
as to stabilize the building to prevent it or any part thereof
from sliding, slipping , falling or moving; and (iii) erecting
and maintaining a security fence or wall the base of which shall
be no higher than tour ( 4 ) inches, and the top of which shall
be at least four (4 ) feet, above the surface of the ground and 41
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which shall enclose the entire building as well as the
excavation for the foundation.
Section 7 . Liability to City.
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(a) Holders of Permits Liable for Amounts Exceeding
Deposit. The holder or holders of a permit shall be liable
jointly and severally for any expenses , damages , or costs paid
or incurred by the City as a result of the issuance of a permit
or the taking or failure to take any action by the holder or
holders of the permit or the City hereunder. 1
(b) Retention of Cash Deposit. The City may take or
cause to be taken any of the following actions and may retain
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so much of the cash deposit necessary to reimburse itself for
any costs or expenses incurred as a result thereof:
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(i) If the City in its sole discretion
determines that the premises from which, or to which
the building is to be moved, if within the City , or the
movement of the building through or within the City
is unsafe or constitutes any other unsafe condition,
the City in its sole discretion may , but shall not be
required to , take or cause such action to be taken
to eliminate such unsafe condition or conditions as it
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shall deem appropriate .
(ii) If the premises from which the building has
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been removed are within the City and such premises are
left in an unsafe or unsanitary condition or the provisions
of this Ordinance with respect to such premises have not
been complied with, the City may, but shall not be required,
in its sole discretion to take or cause such action to
be taken to remedy such unsafe or unsanitary condition
and to place the premises in such condition as to be in
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compliance with this Ordinance .
Section 8. Fees and Deposits .
(a) Return upon Non-Issuance . Upon denial of a
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permit, there shall be returned to the applicant all deposits ,
bonds and insurance policies or certificates therefor. The fee
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{� filed with the application for the permit shall not be returned.
(b) Return upon Allowance for Expenses. Upon
completion of the moving of a building pursuant to a permit, the
amount which the applicant has deposited in conjunction with the
filing of the application shall be returned to him, less all
amounts which any holder of a permit shall or may become liable
to the City and which the City may retain pursuant to Section 7 (a)
hereof. The permit fee paid upon filing of the application shall
not be returned.
Section 9 . Review or Appeal by the Council.
(a) The City Council may upon petition of a resident
of the City or upon its own motion, elect to review any decision
of the Building Official or the Board authorizing or denying
issuance of a permit; or the denial of a permit may be appealed
by the person who has made application therefor. Election to
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review must be taken by the City Council by resolution duly
adopted, or an appeal must be made by the applicant by filing
notice thereof within. the City Clerk, within 20 days from the
date of denial of or authorization for issuance of a permit.
(b) A hearing on the election to review or appeal
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shall be heard by the Council no later than 30 days after the
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election to review has been made or notice of appeal has been
filed. Review shall be made upon all of the files , documents
and records of the proceedings in the matter and the Council
may consider such additional evidence as it shall deem appropriate.
The Council may affirm, reverse or modify the action of the
Building Official or the Board, in accordance with the provisions
hereof and may make its action, subject to such conditions as
may be appropriate .
Section 10 . No person shall move any building on any
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public street or highway within the City at any time other than
during the hours of 1: 00 a.m. to 5 : 30 a.m.
Section 11. Any person moving a building through the City
for which a permit shall not be required shall move such
building through the City within a period of no more than seven
(7 ) days .
Section 12 . Separability, Ever section provision, or Y . P �
part of this ordinance is declared separable from every other
section, provision or part , and if any section, provision or
part hereof shall be held invalid, it shall not affect any
other section , provision or part hereof.
Section 13 . Penalty. Any person violating or failing to
comply with any provision of this ordinance shall upon conviction
thereof, be fined not to exceed $500 , or be imprisoned not
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exceeding 90 days . Each day such violation is committed or
permitted to continue shall constitute a separate offense and b.
shall be punishable hereunder.
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Section 14 . Effective Date. This ordinance shall take
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effect and be in force from and after its approval as required
by law.
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FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the 2nd day of October 1979 ,
and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 16th day
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of October 1979 .
gai-�§ IV Penzel , Mayor
%SEAL)
ATTEST:
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JohA- ane , City Clerk
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Pu✓✓✓✓✓✓bl.ished in the Eden Prairie News on the 22 day of
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November _, 1979 . 4
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Official Publication 1919
HENNO IVIV COUNTY,M� ESOTA Affidavit of Publication
NO.MU
AN ORDINANCE AMENDING ORDINANCE Na 179.
ADOPTED JULY ?J, MI AND EW ITLED"AN OR-
DINANCE REGULATING THE MOVING OF
BiJILDiNGS AND PROVIDING A PENALTY"
The City Council of thu City of Eden Prairie does
hereby ordain as follows:
Section 1.Ordinance No.176.adopted July 25,1972,and
entitled "An Ordinance Regulating the Moving of
Buildings and Providing a Penalty"is amended to read:
"Section 1.Permit Required.
(a) Except as provided in Section l(b)hereafter,no
person shall move,remove,raise or toad up any building State of Minnesota )
within the limits of the City of Eden Prairie (-City"),
without first obtaining a permit from this City.Person as ) SS.
used herein shall include.but not be limited to,the owner County of Hennepin )
and mover of any such building.
(b)No permit shall be required for the movement of
nahunder all of the following
C a"I t',t"iI t s t I,f being duly sworn,on oath says he is and during
all the tune herein stated ha been the publisher and printer of the newspaper known as Eden Prairie News and has full
knowledge of the facts herein stated as follows: i 1 i Said newspaper Ls printed in the English language in newspaper format
ty,a„d fib and in column and sheet form equivalent in printed space to at least 900 square inches i 2 i Said newspaper is a weekly
highway,a permti ttas Dletl graatalt tl wwor by tau learF . and is custnoutea at least once a week.t 3)Said news paper nas W%of its news columns devoted to news of local interest
nosota Caemleslooec of Higiglnalys,=or if the buildf Is to the community which it purports to serve and does not wholly duplicate any other publication and is not made up
being moved on a highway under,the jurisdiction of the entirely of patents,plate matter and advertisements.f 4)Said newspaper rs circulated in and near the municipality which
Hennepin County Board.a permit has beat granted it purports to serve,has at least W copies regularly delivered to paying subscribers,has an average of at least 15%of its
therefor by the Hennepin County Board of County total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local
Engineer. post-office.. )5)Said newspaper purports to serve the City of Eden Prairie in the County of Hennepin arid it has its known
Section L Applications.A person seekiag issuance of a office of issue ui the City of Eden Prairie in said county,established and open during its regular business hours for the
permit hereunder shall file an application for such per- gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said
mit with the Citys Building Official In writing upon- newspaper,persons in its employ and subject to his direction and control during all such regular business hours and at
forts provided by the Building Official.The application wNch said newspaper is printed. i 6) Said newspaper files a copy of each issue immediately with the State Historical
shall include the address and legal description i the Lod Society.i 1)Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates
on which the ro oseddirig t situated,and h within the JudiRY.g of publication mentioned below. 18 i Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,
which it is proposed.to be moved,the route,including
identification ad strents or coals over which it is to be 1976 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the
moved,the distance,the prnposeddate of movement,the managing officer of said newspaper and sworn to before a notary public sLitrng that the newspaper is a legal newspaper.
status of any outataadittg taxer and such other Worms-
tton as the City th A r+s4ltdre for the determination to be He f rather states on oath that the printed F'_'=-i I
made hereunder.The application shall not be accepted
for filing unless accomppNed by the following: hereto attached as a part
(a)EviderrCOioll act lath estate taxes and which
it hereof was cut from the columns of said newspaper, and was printed and published therein in the English language,
aasesements agaggp;t�s,irlllldirng and land from which it
let0 be b) ttepatrtetttem.removed aullofaskorotherwritten in fll. once each week, for of-' successive weeks: that it was first so published on TI Uf` •the
evidence that the;affllteaM Is astlAWd to move the day of "U V l I',bt r 19 and watt thereafter printed and published on even to .
building.
(e)Written ev lleeof an wigetnents with all public including the day of 19 and that the following is a printed copy of the lower case alphabet
utility companies'whosia wires,tamps or poky are the•
quired to be removed,for the removal thereof by the ape- from A to Z.both inclusive,and is hereby acknowledged as being the size arid kind of type[Lied in the composition and
plicant.
(d)A liability insura me policy or certificate of such publication of said notice,to wit:
insurance issued by an mi surance company authorized to
do business in the State of Minuhesota.The policy shall in-
sure the applicant and the City as an insured in the sum abcdefghi)klmnopgrstuvwxyz
of at le"ti2li.000 for injury to one person.`rid t150,t100 f
one aeridehuaad at least$25,8W property damage
the policy shall bd kept in effect until after the bu' f
has been rih[uoved.
(e)A cash deposit in the sure of 11,000 as an indamd- /
ty for,:sny damage which the City may sustain by reason
of damage or injury to any highway;'ttreet or alley, `
sidewalk, foe-hydrant or other prop arty of the City
whichmay be caused by or incidwitat totltr movement of
the building in the City,and for any eagxnse incurred by ,� 7�
the City pursuant to Section 7 bered. Subscribed and sworn to before me this to day of �i�?�G� 19
(f)Payment of a fee in the amount of WA for the
permit. i 2
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(g) if the building is to be located wlthiltwiaw
after its movement,a survey by a licensed s 'd i✓uA`G � �,
the land to which the building is to be moved,inobldhhg
the location of[tie building in relation to the boundaries
of the land.
(h) If the building is to tie located within the Ctty, i Notarial Seal i '
after its movement, photographs of, (i) two or more Notary public, ��� �L' Cou ty,Minnesota
views of the building to be moved,(il)tite lot an which the My Commission Expires lJ !. 19 9>4
building is to be located,and(iii)the lands,and struc-
tures thereon,adjacent to the lot on which the building is
to be located. '
Section 3.Duties of the Building Official.
(si Tn on. Upon receipt of the application ac-
companied�the fee,depoWt, certificate of insurance,
statement and information required by Section 2 hereof,
the Building Official shall review the application and
make such investigation as he shall deem app te.
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maim erLDcnrSTEVEN M. ROSENTHAL
EaginoW,with' �ip
NOTARY PIJOLIC-MMM!!aG'fA
CARVER COUNTY
fly Commission ExplM Oct.4"14
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