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HomeMy WebLinkAbout1982-2603 MOVING BUILDINGS & OTHER STRUCTURES INTO OR WITHIN THE CITY ORDINANCE NO. dAba3 AN ORDINANCE relating to buildings; regulating the moving of buildings and other structures into or within the City of Yakima; requiring a permit therefor; requiring insurance, bonding and a hold harmless agreement; providing for actual cost compensation to the City; requiring notice to utility III companies and warning devices; prescribing civil and criminal penalities for violations; declaring violations to be a nuisance; enacting as new Sections 11.50.080, 11.50.090, 11.50.100 and 11.50.110; and amending Sections 11.50.030, 11.50.040, 11.50.050, 11.50.060, 11.50.070; all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 11.50.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "11.50.030 Permit Required -- Fee. A. No building or struc- ture shall be moved along, over or through any public place within the City of Yakima unless a permit is first obtained by the owner of such - building or structure, or by an agent of the owner, in accordance with requirements of this dhapter, for which a total permit fee shall be paid according to the formula in Subsection B together with an administration cost of twenty dollars ($20.00). B. As part of the permit fee there shall be an additional amount Charged based upon the estimate of the Code Administration Manager or his designee after consultation with the City Engineer or his designee. Such amount shall compensate the City for its actual expenses associated with the move and shall include over- head, personnel and equipment costs of the City associated with the following: planning the move route, monitoring the move, - repair, moving and alteration of any City or other property along or adja- cent to the route of the move and such other costs to the City Which the Code Administration Manager or the City Engineer or their respective designees find are associated with the move. C. In the event the amount charged under subsection B is found by the Code Administration Manager or his designee to be inadquate to cover the actual cost incurred by the City once the move has taken place, the applicant shall be indebted to the City. • . for any additional amount up to the actual cost. The applicant shall be entitled to a refund of any money paid pursuant to sub- section B for a permit Which exceeds the actual cost of the move to the City." Section 2. Section 11.50.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "11.50.040 Application for Permit -- Information Required. An application for a permit required by Section 11.50.030 of this chapter shall be made to the Office of Code Administration of the City of Yakima and shall include the following information: • 1. Name and address of applicant; 2. Address and legal description of the premises upon which the building or structure to be moved is situated, and of the premises to which the same is to be moved; 3. A description of the route over which it is proposed to . move the building or structure and a full description of the means to be employed in moving such building or structure; 4. A plot plan of the premises to which the building or structure is to be moved, showing the size and location on the lot of the building or structure to be moved and the size and location on the lot of any existing or other proposed buildings or structure; RESORD Cl 2/25/82 5. An eight inch by ten indh, or larger, photograph of the building or structure to he moved; 6. A detailed plan of work proposed to be performed and material to be used, subject to approval by the Building Inspector, in order to assure that the moved building or 'structure will conform to all requirements of Yakima city ordinances applicable to new construction; III 7. An estimate of the cost of the work and materials re- ferred to in subsection 6 above; together with other information deemed necessary or desirable by the Code Administration Manager to administer the provisions of this chapter." Section 3. Section 11.50.050 of the City of Yakima Municipal Code is hereby amended to read as follows: "11.50.050 Bond - Insurance and Hold Harmless. A. No permit • shall be issued pursuant to this Chapter unless the applicant files with the Office of Code Administration a bond issued by a surety company authorized to do business .in the State of Washington, with the City of Yakima as Obligee, in twice the amount of the estimate referred to in Section 11.50.040 7 of this Code. Such bond shall be in the following form: 'PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That (Name of Principal) whose address is (Street or Post Office) , hereinafter (City) (State) (Zip) • called the Principal, and , a corporation organized under the laws of the State of with its home office address being - - (Street or Post Office) (City) (State) (Zip) hereinafter called the Surety, are held and firmly bound unto the City of Yakima, Washington, a municipal corporation, hereinafter called the . Obligee, in the amount of Dollars ($ ), lawful money of the United States of America, for the payment whereof to the Obligee the Principal hinds itself, its heirs, executors, • administrators, successors and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED THIS day of 19 RESORD C2 2/25/92 ■ ' 1 u WHEREAS, by application at the day of 19 , to the Code AdministrationtManager of Obligee, the Principal has applied for a permit from Obligee to rehabilitate a building or struc- ture moved from to , within the City of Yakima, and has further complied with the conditions pre- cedent to the issuance of such a permit, all pursuant to and in accord- ance with Chapter 11.50 "Control of Moved Buildings", of the City of Yakima Municipal Code, which application is incorporated herein and made a part hereof by this reference. NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall complete all exterior construction and decoration in accordance with the plans therefore approved by the Code Administration Manager of Obligee within 180 days from the date of issuance of the permit applied for, all in accordance with applicable laws, then this obligation shall be void; otherwise, on notice from the Code Administration Manager of Obligee that the foregoing condition has not been met, the Surety shall forthwith furnish material and perform to its completion the work required to be performed and by the Principal as referred to and described above, and this bond shall remain in full force and effect until sudh work is complete. IN WITNESS WHEREOF, the parties hereto have executed this bond on the day and year first above mentioned. SURETY By: Its APPROVED AS TO DORM: PRINCIPAL YAKEMA CITY ATTORNEY' • Such bond shall be subject to approval by the City Attorney as to proper execution. Cash or certified dheck may be deposited with the City by the applicant in lieu of, and in the same mount as, the bond required by this section, which cash deposit shall be held by the City subject to the same conditions required in said bond, with an appropriate amount of said cash deposit to be returned to applicant on the completion of all work to be performed under the permit. B. No permit shall be issued pursuant to this chapter unless the applicant shall furnish to the Office of Code Administration a policy or certificate of insurance, subject to approval as to form by the City Attorney, the operations of applicant under the permit for which application is made. The amount of coverage shall not be less than three hundred thousand dollars for bodily injury, in- cluding death, to any one person, and subject to that limit for each person, of not less than three hundred thousand dollars for each occurrence, and property damage of not less than one hundred 111 fifty thousand dollars for each occurence. The City of Yakima shall be named as an additional insured in such policy which shall provide that the same shall not be cancelled without ten days' written notice being given by the insurance company to the Office of Code Administration. C. No permit shall be issued pursuant to this Chapter until the applicant has executed an agreement . whereby the applicant agrees to defend, indemnity and hold harmless the City of Yakima and any of its agents officers and employees of any and all liabil- ity resulting from the granting of such permit. Sudh agreement shall be substantially in the following form: RESORD C3 2/25/82 "HOLD HARMLESS AGREEMENT State of Washington) ) ss. County of Yakima ) , first being duly sworn on (name of applicant) oath deposes and says: I am the applicant or lawful agent of an applicant for a building moving permit authorized pursuant to Chapter 11.50 of the City of Yakima Municipal Code. I know and understand the risks inherent in moving buildings, including but not limited to: Obstruction to traffic, col- lision with Obstructions and contact with high voltage lines. I under- stand that in granting to me the afOrementioned the City may become liable to others because of the risks in moving buildings, in- cluding but not limited to, those risks mentioned herein. In consider- ation for granting the aforementioned permit, I agree to defend, indem- nify and hold harmless the City of Yakima, its officers, agents and employees against any and all claims or liability based on or arising from the granting of the aforementioned permit. (applicant's signature) SUBSCRIBED AND SWORN TO before me this day of : 19 . Notary Public in and for the State of Washington residing at Section 4. Section 11.50.060 of the City of Yakima Municipal Code is hereby amended to read as follows: "11.50.060 Issuance of Permit. The Code Administration Man- ager or his designee may grant a permit for moving the building or structure described by the applicant along the route and by means set forth in the application, or along some other route or by some other means to be designated in such permit, which permit shall fully desdribe the manner of moving, the route to be followed and the time when such moving shall occur. In the event the Code Administration Manager or his designee finds the granting of the application or a permit would unduly interfere with the rights of the public or other persons in any public place, the Code Admin- istration Manager or his designee may refuse to grant such permit, or may grant a permit for such move to occur along a route or by a means or time different from that specified in the application." Section 5. Section 11.50.070 of the City of Yakima Municipal Cod e is hereby amended to read as follows: "11.50.070 Notice to Utility Company Warning Devices. Prior to the commencement of moving any building along, over or through any public place within the City of Yakima, the person, • performing such work shall give not less than ten working days notice in writing to all public utility companies within the City of Yakima, including but not limited to, the Pacific Per & Light Company, the Pacific Northwest Bell Company, the Cox Cablevision Corporation, the Yakima Valley Cablevision Incorporated, the Yakima Valley Transportation Company, of the route to be followed in performing such work. During the moving of any building along or through any public place within the city, the person engaged in such work shall keep a proper and sufficient number of warning devices around such building at all times including a proper and sufficient number of warning lights during the night time as a warning to members of the general public." RESORD C4 2/25/82 Section 6. Section 11.50.080 is hereby enacted to read as follows: "11.50.080 Criminal Violations. A. It is unlawful for any person to move 'or cause to he moved any building or structure over or through any public place unless such person shall have obtained a permit as provided by the provisions of this chapter. B. It is unlawful for any person to violate the terms of any permit issued pursuant to Section 11.50.060 of this Chapter. c. It is unlawful for any person to furnish false infor- mation on the application for a permit pursuant, to Section 11.50.040 of this Cthapter. D. Any person convicted of violating the provisions of this . section shall be punished by a fine not to exceed two hundred and fifty dollars or by imprisonment in the city jail facility for not more than ninety days or both such fine and imprisonment." Section 7. Section 11.50.090 is hereby enacted to read as follows: "11.50.090 Civil Penalty Action. As an additional and con- current remedy the City may bring a civil action in the Superior Court in and for Yakima County against any person for the violation Of or failure to comply with any provision of this chapter. Any person who violates or fails to comply with any provision of this Chapter shall be liable to the City for a civil penalty of five hundred dollars." Section 8. Section 11.50.100 is hereby enacted to read as follows: "11.50.100 Each Day as Separate. Each day that any person continues to violate or fails to comply with any of the provisions of this Chapter shall be considered a separate criminal and civl offense." Section 9. Section 11.50.110 is hereby enacted to read as follows: "11.50.110 Public Nuisance. Any use of real property, buildings or structures contrary to the provisions of this chapter is a public nuisance, subject to prevention or abatement by injunc- tion or other appropriate legal remedy in the Superior Court in and for Yakima County." Section 10. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City-Oharter. PASSED BY THE CITY ODUNCIL, signed and approved this 04, day of 110-&_, 1982 coo MAYOR • . ,ATTEST: CITY 0.1 RESORD C5 2/25/82.