CHAPTER IV. BUILDING AND CONSTRUCTIONCHAPTER IV. BUILDING AND CONSTRUCTION\ARTICLE 7. MOVING BUILDINGS

It shall be unlawful for any person, firm, or corporation to move, haul, or transport, upon or across any street, alley or sidewalk in this city, any house, building, or other structure which exceeds the height, width, size or weight limitations provided by the laws of the State of Kansas for motor vehicles, after having been placed in final position for moving, without first obtaining a permit to do so as hereinafter provided,

(Code 1985)

No permit shall be issued therefore, and no building shall be moved into, or from one location to another in the city unless the general height and outward appearance of such building conforms to the other buildings in the block to which it is to be moved and in the block opposite, to such an extent that its relocation shall have no substantial adverse effect on property values in the neighborhood.

(Code 1985)

All applications for moving permits shall be made in writing, upon forms provided by the codes administrator and shall be filed in the office of the city clerk. The application shall include the day and hour the proposed moving is to commence and the route to be traveled. If it is to be necessary to cut, raise or in any way interfere with any wires, poles or other equipment the application shall state the name of the owners of such wires, poles or equipment, and the time and place when and where the removal of said poles or the cutting, raising or otherwise interfering with wires or other equipment will be necessary.

The application shall be made not less than 48 hours before the moving is to commence. The application shall be accompanied by a permit fee in an amount set by the governing body from time to time. Appeals may be taken from the decisions of the codes administrator to the board of zoning appeals.

(Code 1985; Code 2016)

In making application to move a building, the applicant shall furnish a detailed description of the building and the improvements, repairs or alterations to be made to it (including type, size and extent of foundation, type of exterior siding and roofing, extent of plumbing and electrical work) which shall, upon approval, become a part of the building permit. All buildings which are moved shall be set upon foundations and finished within six months from the date of the permit. Buildings shall be inspected for structural stability before structural members (including floor joists. bearing walls and partitions, ceiling joists and roof trusses) are covered up. Members found to be unsafe shall be replaced and a reinspection called for. Plumbing and electrical systems shall meet all of the applicable requirements of the city codes.

(Code 1985)

(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 1988)

It shall be the duty of the person, firm or corporation owning or operating any of said poles, wires or other equipment to furnish sufficient and competent linemen or workmen to remove such poles or raise or move such wires or other equipment as may 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, unless the wires are less than 18 feet above the street in which case the owner of the wires shall stand the expense of moving them.

(Code 1985)

The chief of police shall be notified by the codes administrator upon the filing of any application hereunder and shall examine the proposed route. If it shall appear that another route may be used equally well and with less danger to persons and property then the chief may designate such other route as the one to be used. The police chief may also require such other safety measures to be taken as he shall deem advisable. The police chief shall inspect, from time to time, the progress of such moving to see that it is being done properly and in accordance with the provisions of this article and other applicable ordinances and laws.

(Code 1985)

The holder of a moving permit granted hereunder shall observe all statutes, ordinances, rules and regulations relating to his or her operations and the relocating of the building in the city, including the cutting and trimming of trees.

(Code 1985)

All applications for a permit hereunder shall be accompanied by a bond, to be approved by the governing body, executed by a bonding or surety company authorized to do business in the State of Kansas, in an amount of not less than $25,000, conditioned upon saving harmless the City of Eudora from any and all claims for personal injury or property damage caused directly or indirectly by the applicant’s operations under a permit granted hereunder, and conditioned further upon the payment by the applicant of any and all damage to persons or property caused by the negligence of the applicant, his or her agents or employees. A public liability insurance policy, issued by an insurance company authorized to do business in the State of Kansas, and conforming to this section may be permitted in lieu of a bond.

(Code 1985)

The codes administrator shall refuse to issue a permit hereunder if he or she finds that any application requirement has not been complied with or that for any reason persons or property in the city would be endangered by the moving of the building or other structure, or that the building code, or other ordinances would be violated by the building in its new location.

(Code 1985)