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HomeMy WebLinkAbout1962-030 Council OrdinancesI 21, LINO LAKES VILLAGE ORDINANCE NO. 30 REGULATING THE MOVING OF BUILDINGS OVER STREETS AND ALLEYS IN THE VILLAGE: PROVIDING FOR PROTECTION TO THE VILLAGE FROM DAMAGE ARISING OUT OF SUCH OPERATIONS. SECTION 1. DEFINITIONS 1.01 For the purposes of this ordinance, the following terms, phrases, words and their derivations shall hve the meaning given herein. A. "Building" os a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential business, mercantile, storage, commercial, indus•.Yial or recreational puxpoees. A structure of less than one hu:.dred (100) square feet floor area shall not fall within this definition. B. "Building Inspector" is the Building Inspector of the Village of Lino Lakes. C. "Village" is the Village of Lino Lakes. D. "Person" is any person, firm, partnership, association, cor- poration, company or organization of any kind. SECTION 2. PERMIT REQUIRED 2.01 No person shall move any building over, along or across any high- way, street or alley in the Village without first obtaining a permit from the Building Inspector. SECTION 3. APPLICATION 3.01 A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector. A. FORM. The application shall be made in writing, upon forms provided by the Building Inspector and shall be filed in the office of the Building Inspector and shall contain such information as the Building Inspector shall find necessary to a determination of whether a permit should be issued. B. Accompanying Papers. (1) Tax Certificate. The owner of the building to be moved shall file with the applications sufficient evidence that all real estate taxes and special assessments against the building and lot from which it is to be moved are paid in full. (2) Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application sufficient writen evidence that he is entitled to move the building. (3) Consent of Public Utility Company. The applicant shall file with the application prior to issuance _f ,:-,nit, 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. C. Fee. The application shall be accompanied by a permit fee in the amount of $50.00. If the building to be moved is located outside the Village such fee shall be augmented by a charge of ten (10) cents per/mile beyond the Village limits to defray inspection costs. SECTION 4. SECURITY REQUIREMENTS. 4.01 Cash Deposit. An application hereunder shall be accompanied by a cash deposit in the sum of $500.00 as an indemnity for any damage which the Village 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 7.02 of Section 7. 4.02 Bond. Any person filing an application hereunder shall file with the Village Clerk a bond, approved as to form by the Village Attorney, executed by a corporate surety company authorized to do business in the State Of Minnesota in the amount of $5,000.00, conditioned upon the compliance by the applicant with this and other applicable ordiaances and laws, and payments to the Village of all fees, fines, and penalties required by said ordinances. 4.03. Insurance. Any person filing an application shall also file with the Village Clerk a liability insurance policy or certificate of such insurance policy or certificate of such insurance, issued by an insurance company authorized to do business• in the State of Minnesota, and approved as to form by the Village Attorney. The policy shall insure the applicant and the Village as an insured in the sum of at least $100,000.00 for injury to one person, and $300,000.00 for one accident, and at least $25,000.00 property damage, and the policy shall be kept in .effect until after the building .has been moved. SECTION 5. DUTIES OF BUILDING INSPECTOR 5.01 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. 5.02 Standards for Issuance. The Building Infector shall refuse to issue a permit if he finds: A. That any application requirement or any fee or deposit, bond or insurance requirement has not been complied with; B. That the building is too large to move without endangering person or property in the Village; C. That the building is in such a state of deterioration or dis- repair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the Village; D. That the huilding .is structurally unsafe or unfit for the pus.po for which moved, if the location to which the b•+31 a+-,o =: be moved is in the Village; E. That the applicant's equipment is unsafe and that persons and property would be endangered by its use; F, That Zoning, building code or other ordinace would be violated by the building in its new location; G. That for any other reason, persons or property in the Village would be endangered by the moving of the building. 5.03 Fees and Deposits. A. Return upon Non -Issuance. Upon his refusal to issue a permit the Building Inspector shall direct the Village Clerk to return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned. B, Return upon Allowance for Expense. After the building has been removed, the Building Inspector shall furnish the Village Clerk with a writen.statem_nt of all expenses incurred and of all damage caused or inflicted upon property belonging to the Village by reason of the removal. The Village Clerk shall return to the applicant all deposits after de- ducting a sum sufficient to pay for all the costs and expenses and for all damage done to property of the Village. Permit fees deposited with the application shell not be returned. 5.04 Designate Streets for Removal. The Building Inspector shall procure from the Village Council or its designated representatives a list of designated streets over which the building shall be moved. The Building Inspector shall reproduce the list upon the permit in writing. Determination as to designated streets shall be -made to assure maximum safety to persons and property in the Village and to minimize congestion and hazards on public streets. SECTION 6. DUTIES OF PE .NITTEE. 6.01 Every permittee under this ordinance shall.: A. Compliance. Comply with all provisions of the permit, if issued, including planking requirements and special requirements imposed by the Building Inspector, such as wheel mountings, dolly widths etc. B. Use Designated Streets. Move a building only over streets designated for such use in the written permit. C. 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 Damage. Notify the Building Inspector in writing of any and all damgaes done to property belonging to the Village or any public utility within twenty four (24) hours after damage or injury has occurred. E. 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 at to protect the public from damage or injury by /"\ reason of the removal of the building. Warning lights with open flame whall not be used. F. Street Occupancy Period. Remove the building from the Village Streets after two (2) days of such occupancy, unless an extension is granted by the Village Clerk. G. Comply with Governing Law. Comply with the Building Code, the zoning ordinance and other applicable ordinances and laws upon relocating the building in the Village. H. Pay Expenses of Officer. Pay the expense of a traffic officer ordered by the Village Clerk to Accompany the movement of the building to protect the public from injury. I. Clear Old Premises. Remove all 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. 3. Remove Service Connections. The Permittee shall notify gas and electric service companies to remove their services from the premises and shall remove and disconnect all other utility con- nections. In the event that the property is served by sanitary sewer, the Permittee shall plug the sewer line with a concrete stopper. K. Completion of Remodeling. Complete promptly, and within ninety (90) days after removal, all remodeling, additions or repairs as shown on the plans accompanying the application. L. Repair. Promptly reset mail boxes, highway markers, street markers and highway -posts if moved or removed. SECTION 7 LIABILITY OF PERUITTEE TO VILLAGE 7.01 Permittee liable for Expense Above Deposit. The Permittee shall be liable for any e::pense, damages or costs in excess of deposited amounts or securities. 7.02 Original Premises Left Unsafe. If the original building site is within the Village, the Village shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition, where Permittee does not comply with the requirements of this Ordinance, and the cost thereof shall be charged against the cash deposit. SECTION 8. PENALTY. 8.01 Any person or persons, firms or corporations violating any provisions hereof or who shall fail to comply with any of the requirements herein specified shall upon conviction thereof be deemed guilty of a mis- demeanor and fined not less than $100.00, or imprisonment not less that five (5) day not more that ninety (90) days for each offense. Each day that the violation shall be permitted to exist shall constitute a separate offense. /^N SECTION 9. REPEAL AND PRECEDURE 9.01 Any previous ordinance or parts of an ordinance which may be found to be in conflict with the provisions of this ordinance, are hereby repealed. 9.02 Should any section, provision, clause, or phrase of this ordinance T. ORD I NAME NO. 30 be held to be invalid by the State or Federal Courts, such decision shall not invalidate any other part of this ordinance. 9.03 This ordinance shall take effect and be in force from and after its passage and publication. Adopted by the Village Council this 26th day of November, 1962. Henry Rosengren Henry Rosengren, Clerk /s/ Ali d> f'.a ,i Arnold Kelling, Mayor Lino Lakes Village Ordinance No. 30 LINO LAKES VILLAGE ORDINANCE NO. 30 REGULATING THE MOVING OF BUILDINGS OVER STREETS AND ALLEYS IN THE VILLAGE: PRO- VIDING FOR PROTECTION T 0 THE VILLAGE FROM DAMAGES ARISING OUT OF SUCH OPERA- TIONS. SECTION 1. Definitions. 1.01 For the purposes of this ordi- nance, the following terms, phra- ses, words and their derivations shall have the meaning given here- in. A. "Building" is a structure de- signed, built or occupied as a shelter or roofed enclosure for per- sons, animals or property and used for residential business, mercan- tile, storage, commercial, indus- trial or recreational purposes. A structure of less than 100 square feet floor area shall not fall with- in this definition, B. "Building Inspector" is the Building inspector of the Village of Lino Lakes. C. "Village" is the Village of Lino Lakes. D. "Person" is any person, firm, partnership, association, corpora- tion, company or organization of any kind. SECTION 2. Permit ReAuired, 2. 01 No person shall move a n y building over, along or a c r o s s any highway, street or alley in the Village without first obtaining a permit from the Building Inspector. SECTION 3. Application 3.01 A person seeking issuance of. a permit hereunder shall file a n application for such permit with the Building Inspector. A. FORM. The application shal be made in writing, upon forms provided by the Building In- spector, and shall be filed in the office of the Building Inspector and shall contain such informa- tion as the Building Inspector shall find necessary to a determination of whether a permit should be is- sued. B. Accompanying Papers (1) Tax Certificate. The own- er of the building to be moved shall file with the application suf- ficient evidence that all real es- tate taxes and special assessments against t'h building and lot from whirr if to be moved are paid in full. (2) Certificate of Ownership or Entitlement. The applicant. if other than the owner, shall file with the application sufficient written evidence that he is enti- tled to move the building. (3) Consent of Public Utility Company. The applicant shall file with the application prior to issuance of permit, written evi- dence of arrangements with a 11 public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the company. C. Fee. The application shall be accompanied by a permit fee in the amount of $50.00. If the building to be moved is located outside the Village such fee shall be augmented by a charge of 10¢ per mile beyond the Village li- mits to defray inspection cost. SECTION 4. Security Re- quirements. 4.01 Cash Deposit. An appli- cation hereunder shall be accom- panied by a cash deposit in t h e sum of $500.00 as an indemnity for any damage which the Village 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, in- cidental to the removal of a ny building over, along or across any street in the Village, and for any expense incurred by the Village under Subdivision 7.02 of Section 7. 4.02 Bond. Any person filing an application hereunder shall file with the Village Clerk a bond, ap. proved as to form by the Village Attorney, executed by a corporate surety company authorized to do business in the State of Minnesota in the amount of $5, 000, condi- tioned upon the compliance by the applicant with this and other applicable ordinances and 1 a w s , and payments to the Village of all fees, .fines and penalties re- quired by said ordinances. 4.03 Insurance. Any person filing an application shall also file with the Village Clerk a lia- bility insurance policy or certifi- cate of such insurance, issued by an insurance company authorized to do business in the State of Min- nesota, and approved as to form by the Village Attorney. T h e policy shall insure the applicant, and the Village as an insured in the sum of at least $100, 000 for injury to one person, and $300, - 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. SECTION 5. Duties of Building Inspector. 5. 01 Inspection. The Build- ing Inspector shall inspect t h e building and the applicant's equipment to determine whether the following standards for issu- ance of a permit are met. 5. 02 Standards for Issuance. The Building Inspector shall re- fuse to issue a permit if he finds: A. That any application re- quirement or any fee or deposit, bond or insurance requirement has not been complied with; B. That the building is too large to move without endanger- ing person or property in the Vil- lage; C. That the building is i n such a state of deterioration or disrepair or is otherwise so struc- turally unsafe that it could not be moved without endangering persons and property in the Village; D. That the building is struc- turally unsafe or unfit for the pur- pose for which moved, if the lo- cation to which the building is to be moved is in the Village; E. That the applicant's equip- ment is unsafe and that persons and property would be endangered by its use; F. That Zoning, building code or other ordinances would be violated by the building in its new location; G. That for any other reason, persons or property in the Village would be endangered by the mov- ing of the building. 5. 03 Fees and Deposits. A. Return upon Non -Issuance Upon his refusal to issue a permit the Building Inspector shall direct the Village Clerk to return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the appli- cation shall not be returned. B. Return upon Allowance for Expense. After the building has been removed, the Building Inspector shall furnish the Village Jerk with a written statement of all expenses incurred and of all damage caused or inflicted upon property belonging to the Village by reason of the removal. T he Village Clerk shall return to the applicant all deposits after de- ducting a sum sufficient to pay for all the costs and expenses and for all damage done to property of the Village. Permit fees de- posited with the application shall not be returned. 5. 04 Designate Streets for Re- moval. The Building Inspector shall procure from the Village Council or its designated repre- sentatives a list of designated streets over which the building shall be moved. The Building Inspector shall reproduce the list upon the permit in writing. De- termination as to designated streets shall be made to assure maximum safety to persons and property in the Village and to minimize congestion and hazards on public streets. SECTION 6. Duties of Permittee. 6.01 Every permittee under this Ordinance shall: A. Compliance. Comply with all provisions of the permit, if issued, including planking re- quirements and special require- ments, imposed by the Building Inspector, such as wheel mount- ings, dolly widths etc. B. Use Designated Streets. Move a building only over streets designated for such use in the writ- ten permit. C. Notify of Revised Moving Time. Notify the Building In- spector in writing of a desired change in moving date and hours as proposed in the application. D. Notify of Damage. Noti- fy the Building Inspector in writ- ing of any and all damages done to property belonging to the Vil- lage or any public utility within 24 hours after damage or injury has occurred. E. Display Lights. C a u s e 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 obstruc- ..ion, 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 remov- al of the building. Warning lights with open flame shall not be used. F. Street Occupancy Period. Remove the building from the Vil- lage Streets after two days of such occupancy, unless an extension is granted by the Village Clerk. G. Comply with Governing Law. Comply with the Building Code, the zoning ordinance and Jther applicable ordinances and liws upon relocating the building in the Village. H. Pay Expenses of Officer. Pay the expense of a traffic offi- cer ordered by the Village Clerk to Accompany the movement of the building to protect the public from injury. I. Clear Old Premises. Re- move all rubbish and materials and fill all excavations to exist- ing grade at the original building site if within the Village so that the premises are left in a safe and sanitary condition. J. Remove Service Connec- tions. The Permittee shall noti- fy gas and electric service com- panies to remove their services from the premises and shall re- move and disconnect all other utility connections. In the event that the property is served by sani- tary sewer, the Permittee shall plug the sewer line with a con- crete stopper. K. Completion of Remodel- ing. Complete promptly, a nd within 90 days after removal, all remodeling, additions or repairs as shown on the plans accompany- ing the application. L. Repair. Promptly reset mail boxes, highway markers, street markers and highway posts if movea or removed. SECTION 7. Liability of Permit - tee to Village. 7.01 Permittee Liable for Ex- pense Above Deposit. The Per- mittee shall be liable for any ex- pense, damages or costs in ex- cess of deposited amounts or se- curities. 7.02 Original Premises Left Unsafe. If the original building site is within the Village, the Village shall proceed to do the work necessary to leaving the on ginal premises in a safe and sans tary condition, where Permittee does not comply with the require- ments of this Ordinance, and the cost thereof shall be charged a- gainst the cash deposit. SECTION 8. Penalty. 8.01 Any person or persons, firms or corporations violating any provisions hereof or w h o shall fail to comply with any of the requirements herein specified shall upon conviction thereof be deemed guilty of a misdemeanor and fined not less than $10, 00 nor more than $100.00, or imprison- ment not less than 5 days nor mite than 90 days for each offense. Each day that the violation shall be permitted to exist shall con- stitute a separate offense. SECTION 9. Repeal and Proce- dure 9.01 Any previous ordinance of parts of an ordinance w h i c h may be found to be in conflict with the provisions of this ordi- nance, are hereby repealed. 9.02 Should any section, pro- vision, clause, or phrase of this ordinance be held to be invalid by the State or Federal Courts, such decision shall not invalidate any other part of this ordinance. 9.03 This ordinance shall take effect and be in force from and after its passage and publication. Adopted by the Village Coun- cil this 26th day of November, 1962. /s/ Arnold Kelling Mayor Attest; /s/ Henry Rosengren Clerk (Seal) Published in "Circulating Pines" December 6. 1962.