CHAPTER 4. BUILDINGS AND CONSTRUCTIONCHAPTER 4. BUILDINGS AND CONSTRUCTION\Article 4. Building Relocation

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 2005, 7-800s; Code 2020)

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 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 2005, 7-800s; Code 2020)

All applications for moving permits shall be made in writing, upon forms provided by the city clerk 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, and 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 of $50.00 plus the amount of actual cost (expenses incurred by the city). Appeals may be taken from the decisions of the city superintendent to the board of zoning appeals.

(Code 2005, 7-800s; Code 2020)

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 and size of foundation, type of exterior siding and roofing, extent of plumbing and electrical work), which shall, upon approval, become part of the building 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. Structural members found to be unsafe shall be replaced and a re-inspection conducted. Plumbing and electrical shall meet all of the applicable requirements of city codes.

(Code 2005, 7-800s; Code 2020)

Upon the filing of such application the city clerk shall give not less than 24 hours notice, with all pertinent information, to the owners of the wires, poles, or other equipment to be affected by such moving.

(Code 2005, 7-800s; Code 2020)

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 by the holder of the moving permit, unless the wires be less than 18 feet above the street, in which case the owners of the wires shall stand the expense of moving them.

(Code 2005, 7-800s; Code 2020)

The chief of police shall be notified by the city clerk upon the filing of any application hereunder and shall examine the proposed route. If it shall appear that no other route may be used equally well and with less danger to persons or 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 or she 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 2005, 7-800s; Code 2020)

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 2005, 7-800s; Code 2020)

All applications for a permit hereunder shall be accompanied by a bond, to be approved by the city attorney executed by a bonding company 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 Enterprise 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, 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 2005, 7-800s; Code 2020)

The code enforcement officer shall refuse to authorize issuance of 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 2005, 7-800s; Code 2020)