Chapter IV · Buildings and Construction

Article 8. Moving Buildings

Sections 4-801 to 4-810 · 10 sections

4-801 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 15 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 therefore as hereinafter provided.

(K.S.A. 171914; Code 1970, 2963; Code 1989)

4-802 Applications for Permits.

(a)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 municipallyowned utility, and if so, the application shall also state the name of the public or municipallyowned 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.

(b)Exception. A local permit shall not be required when a structure is moved through the City on a State or interstate highway in compliance with K.S.A. 81911. In this case, a copy of the route and approved State license shall be submitted to the City Clerk.

(K.S.A. 171914; Code 1970, 2964; Code 1989; Ord. 1828, Sec. 1)

4-803 Same; Bond.

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 City Manager, 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 provided the bond herein shall be in the sum of five thousand dollars ($5,000), or cash may be deposited in lieu of such surety bond. A public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of one hundred thousand dollars ($100,000) per person, three hundred thousand dollars ($300,000) per accident as to personal injury, and fifty thousand dollars ($50,000) property damage may be permitted in lieu of a bond.

(Code 1970, 2970; Code 1989)

4-804 Same; Fee.

Before any permit to move any house or structure is given under the provisions of this Article, the applicant shall pay a sum, as approved by the City Council, to the City Clerk, the sum to be deposited to the credit of the general operating fund of the City. A permit fee will not be collected from movers who have obtained a State license.

(Code 1970, 2971; Code 1989; Ord. 1828, Sec. 2)

4-805 Notice to Owners.

(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. 171916; Code 1989)

4-806 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 herein, 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.

(b)The owner of any wires, cables or other aerial equipment, after service of notice as provided in Section 4805, shall be liable to the permit holder for damages in an amount not to exceed one hundred dollars ($100) per day for each day the owner shall fail or refuse to accommodate the permit holder’s moving operations.

(K.S.A. 171917; Code 1989)

4-807 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. 171918; Code 1989)

4-808 Inspection.

It shall be the duty of the Chief of Police or his or her designee to inspect the progress of moving any building, derrick, house or other structure and to see that the house, building, derrick, or other structure is being moved in accordance with the provisions of this Article.

(Code 1970, 2922, 68; Code 1989)

4-809 Display of Lanterns.

It shall be the duty of any person moving any of the structures mentioned in this Article upon or across any street, alley or sidewalk or other public place, in this City, to display red lanterns thereon in such a manner as to show the extreme height and width thereof from thirty (30) minutes after sunset to thirty (30) minutes before sunrise.

(Code 1970, 2969; Code 1989)

4-810 Penalty.

Violations of the provisions of this Article shall be considered a municipal offense and upon an adjudication of guilty, the violator shall be fined in accordance with Section 1116 of the Code of the City of Bonner Springs.