Chapter 4 · Buildings and Construction

Article 1. Moving Buildings

Sections 4-101 to 4-110 · 10 sections

4-101 Building official; authority.

The enforcement officer, or his or her authorized designee, shall be responsible for the administration and enforcement of this article.

(Code 2004; Code 2020)

4-102 Permit required.

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 (8) feet or more or which cannot be moved at a speed of four (4) 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 2004)

4-103 Same: application for permit.

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 2004)

4-104 Same; bond insurance required.

(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 $5,000, 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 bond.

(Code 2004)

4-105 Same; fee.

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 monies shall be deposited with the City in an amount equal to the anticipated cost to the City of facilitating such move, including, but not limited to, the cost the time for any city personnel and equipment involved in such moving.

(Code 2004)

4-106 Route; duties of building official.

The city clerk shall, upon filing of the above application, refer the same to the enforcement officer, 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 (1) to be used and shall notify the applicant of the same. The enforcement officer 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 enforcement officer 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 2004)

4-107 Notice to owners.

(a)Upon issuance of a moving permit the holder of such permit shall give not less than 15 days written notice to any person owning or operating any wires, cables or other aerial equipment (Owner) along the proposed route of the intent to move the structure, giving the time and location that the applicant’s 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 Owner 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 2004)

4-108 Duty of owners.

(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 in 4-107, 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 in accordance with the policies of such Owner. The public or municipally owned utility may require the applicant to furnish the public or municipally owned utility with appropriate bond or other surety agreement insuring the payment of all expenses incurred as a result of applicant’s moving operations. Failure of such Owner to provide such service may result in action in accordance with K.S.A. 17-1917.

(K.S.A. 17-1917; Code 2004)

4-109 Interfering with poles; wires.

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 2004)

4-110 Display of lanterns.

It shall be the duty of any person moving any part of the structures mentioned in this article upon or across any street, alley or sidewalk or other public place, in this city, to display lighting equipment in conformance with the Standard Traffic Ordinance as mandated for vehicles over 80 inches in overall width.

(Code 2004)