Article XIII. Moving of Houses and Heavy Equipment. Sec Transferability of house mover's license or permit.

Transcription

1 Article XIII. Moving of Houses and Heavy Equipment Sec Definitions. Sec House mover's license required. Sec House mover's license application. Sec House mover's bond. Sec House mover's license fee and term. Sec Insurance. Sec Issuance of house mover's license. Sec Revocation of house mover's license. Sec Transferability of house mover's license or permit. Sec House moving permit. Sec Application for house moving permit. Sec Utility company consents. Sec House moving permit fees. Sec Issuance of house moving permit. Sec Denial of house moving permit. Sec Restrictions on house moving permit. Sec Parking permission. Sec Equipment. Sec Placement of equipment. Sec Report of damage. Sec Payment for damages. Sec Reconstruction.

2 Sec Permit for moving construction machinery or for vehicle with indivisible load. Sec Escorts for oversize or overweight vehicles. Sec Load limits per axle. Sec Annual permits for vehicles with indivisible loads. Sec Single-trip permits for vehicles with indivisible loads. Sec Movement times. Sec Financial responsibility. Sec Fees for permits. Sec Use of highways of interstate system. Sec License required for driver of escort vehicle. Secs Reserved. ARTICLE XIII. MOVING OF HOUSES AND HEAVY EQUIPMENT* *Cross reference(s)--buildings and building regulations, ch. 26; traffic and vehicles, ch. 114; permit for moving buildings, Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: House mover means any person who engages in the business or work of house moving in any way within the city. House moving means the moving of any house, building, structure or any part thereof, except structures or parts of structures less than 15 feet wide and less than 12 feet high, from one location to another when moving requires traveling upon, across, along or over any street, avenue, highway, thoroughfare, alley, sidewalk or other public ground in the city. (C62, ; O.7176; C75, C79, C91, )

3 Cross reference(s)--definitions generally, 1-2. Sec House mover's license required. No person shall engage in the business of house moving unless and until he or she has obtained a license therefor. (C62, ; O.7176; C75, C79, C91, ) Sec House mover's license application. Any person intending to engage in the business of house moving shall file a written application for a house mover's license in the department of engineering. The application shall set forth in such detail as may be required by the city engineer the applicant's qualifications and experience, the kind or type of equipment he or she intends to use and whether or not he or she owns such equipment, and other information as may be necessary to determine his or her qualifications as a house mover. (C62, ; O.7176; C75, C79, C85, ; O.11,583; C91, ) Sec House mover's bond. The applicant for a house mover's license shall file a bond, with the application, with an approved corporate surety in the penal sum of $25,000.00, conditioned that all work done under the license shall be done in a good and workmanlike manner, in accordance with all sections of this Code and all city ordinances relating to house moving, and that the applicant will pay to the city or to any person injured all damages for injuries to persons or property, including but not limited to damages to any street, curb, sidewalk or any other public property caused by negligence, fault or mismanagement of the applicant or any person in his or her employ or due to any other cause in doing any work under the license or permit. (C62, ; O.7176; C75, C79, C91, ; C00, ; O.14,245) Sec House mover's license fee and term. The fee for a license as a house mover shall be a fee in the amount set in the schedule of fees adopted by the city council by resolution, and the license shall expire on April 1 of each year. (C62, ; O.7176, 7330; C75, C79, C91, ; C00, ; O.14,174) Sec Insurance.

4 (a) (c) Before any license required by section of this article is issued, the applicant shall obtain insurance as described in this section and provide a certificate of insurance disclosing such compliance. Such insurance shall include coverage for workers compensation, automobile liability and general liability. Workers compensation insurance shall be provided if required of the licensee under chapter 85 of the code of Iowa. If workers compensation insurance is required, employer s liability insurance shall be included with limits of not less than $100, each accident for bodily injury by accident, $100, each accident for bodily injury by disease, and a policy limit of $500, for bodily injury by disease. Automobile liability insurance shall be in an amount of not less than $1,000, combined single limit. General liability insurance shall be comprehensive or commercial general liability insurance coverage in an amount of not less than $1,000, for each occurrence and/or general aggregate combined single limit. Both the automobile liability and general liability insurance policies shall include contractual liability coverage. The general liability insurance policy shall also include in its definition of an insured contract the indemnification of a municipality when required either by ordinance or contract or otherwise. All insurance policies under this section shall provide that they may not be cancelled without 30 days' written notice to the city. Indemnification. Licensee shall defend, pay on behalf of, indemnify and hold harmless the city, its elected and appointed officials, employees and volunteers and others working on behalf of the city, against any and all claims, demands, suits, or loss, including any and all outlay and expense connected therewith, by reason of bodily injury, death, damage to property or loss of use thereof, which arises out of the activities of the licensee, or others affiliated with licensee, while operating under permissions granted by this license. Waiver of subrogation. Licensee shall release the city, its elected and appointed officials, employees and volunteers and others working on behalf of the city, from liability or responsibility for any injury, damage, liability, loss or expense incurred by the licensee or others affiliated with the licensee, by way of subrogation or otherwise, for any loss or damage to property caused by fire or any other casualty while arising out of the activities of the licensee, or other affiliated with licensee, while operating under permissions granted by this license. (C00, ; O.14,245) Sec Issuance of house mover's license. Upon payment of the proper fee and the filing of the bond and insurance policy as required in this article and after obtaining the approval of the city engineer, the city engineer shall issue to the applicant a house mover's license. (C62, ; O.7176; C75, C79, C85, ; O.11,583; C91, ) Sec Revocation of house mover's license.

5 Any person who shall, in any application for a house mover's license or house moving permit, make any false or untrue statement or who shall violate this article or who shall fail to pay any costs or expense incurred by the city as a result of his or her operations or whose bond or insurance as required in this article has been cancelled or otherwise terminated shall, upon such finding, have his or her license revoked. (C62, ; O.7176; C75, C79, C91, ) Sec Transferability of house mover's license or permit. No license or permit issued pursuant to this article shall be transferable. (C62, ; O.7176; C75, C79, C91, ) Sec House moving permit. No person shall move any house, building or structure or part thereof except that which is less than 15 feet wide and less than 12 feet high, unless and until he or she has obtained a house moving permit, which shall not be issued to anyone except a person licensed as a house mover under this article. (C62, ; O.7176; C75, C79, C85, ; O.11,583; C91, ) Sec Application for house moving permit. Any person desiring a house moving permit as required in this article shall file an application in the office of the city engineer at least thirty (30) days prior to the commencement of the work. The application shall contain the following: (1) The date and time of moving the house, structure or building. (2) The detailed statement setting forth the proposed route to be followed in moving the structure, the equipment to be used and specifying the person in charge of the moving operation. (3) The location of the premises to which the structure is to be moved and the zoning classification thereof. (4) The name of the owner of the structure and the name of the owner of the premises to which it is being moved and showing that the applicant is entitled to move the house. (5) A plot plan of the location to which the structure is to be moved, showing the exact proposed location of the structure, the boundaries of the lot upon which the structure is to be placed, and the dimensions of the lot. (6) A statement showing the maximum length and width, including eaves and loaded height, of the structure to be moved. Verification of the dimensions of the loaded structure shall be provided to the city by the applicant and shall become a part of the application. In addition, the mover shall verify that the designated route will accommodate the structure to be moved.

6 Damages due to variances from the verified dimensions shall be the responsibility of the house mover. (7) An agreement that the house mover shall indemnify and hold the city harmless from any claims or damages for injuries to persons or property resulting from the moving of the structure for which the permit is requested. An agreement that the applicant shall immediately report any damage done by the moving operation to any street, sidewalk, alley, curb, avenue, boulevard, highway, tree or other public property and that the applicant will upon demand pay the cost of repair occasioned by the damage to the city. Upon receiving the application, the city engineer shall notify the community development department of the proposed move. The community development department shall notify the recognized neighborhood organization for the proposed house location, and any other recognized neighborhood organization along the proposed route. The notification shall include the name and phone number of the owner of the structure to be moved or a representative of the moving company that residents can contact for additional information. (C62, ; O.7176, 7397; C75, C79, C91, ; C00, ; O.14,245) Sec Utility company consents. The applicant for a permit required under section of this article shall file with the application the consent of the electric energy company, the telephone company and any franchise cable television company, and any communications company or other utility with overhead wires across the proposed route, to use the proposed route. (C62, ; O.7176; C75, C79, C85, ; O.11,583; C91, ; C00, ; O.14,245) Sec House moving permit fees. The fees for house moving permits shall be in the amounts set in the schedule of fees adopted by the city council by resolution. This fee shall be paid at the time the application is filed. (C62, ; O.7176, 7330; C75, ; O.9125, 9161; C79, C91, ; C00, ; O.14,174) Sec Issuance of house moving permit. Upon the filing of the application with the city engineer and payment of the fee as required in this article and upon the approval of the city engineer, and the director of public works, a house moving permit shall be issued by the city in accordance with this article. (C62, ; O.7176, 7397; C75, C79, C91, ; C00, ; O.14,245)

7 Sec Denial of house moving permit. (a) When, in the judgment of the city engineer or the director of public works, the proposed work will result in an undue hazard to traffic or undue damage to streets, avenues, boulevards, thoroughfares, highways, curbs, sidewalks, trees or other public or private property, the house moving permit shall be denied and the reasons therefor endorsed upon the application. In the review process, the preservation of the urban forest, and the preservation of historically and/or architecturally significant houses shall be given strong consideration. The permit shall also be denied if the structure will not comply with pertinent sections of this Code or city ordinances or state laws relating to electrical and plumbing requirements of new structures, unless the owner has obtained a building permit to correct the violations, or if the power, gas, telephone or cable company refuses to consent to the operations or if the structure will not comply with the zoning affecting the proposed location. (C62, ; O.7176, 7397; C75, C79, C91, ; C00, ; O.14,245) Sec Restrictions on house moving permit. (a) (c) (d) (e) A permit issued pursuant to section of this article may be restricted if, in the judgment of the city engineer, the moving operations would create undue traffic congestion or hazards. The city engineer may require police escorts or temporary removal of traffic control devices for the moving operations, or he or she may restrict or specify the hours during which the moving operation must be accomplished. A permit issued shall not become valid for moving a structure unless the house mover provides written notice to each residence or commercial property along the planned route at least seven (7) calendar days prior to the planned move, using printed notices that identify the proposed date, time and route for the move, the size of the structure to be moved, and the anticipated effects of the move, such as temporary cutoff of utility service, temporary removal of parking on the street, or other effects. If legally parked vehicles on the proposed route will interfere with the move, the house mover shall notify the city engineer and shall install temporary emergency no parking signs along such portions of the route as may be needed at least twenty-four (24) hours prior to the start of the move, and shall promptly remove such signs after the move is completed. If traffic signs, traffic signals or other existing city facilities along the proposed route will interfere with the move and will require adjustment or relocation to allow the move, the house mover shall notify the city engineer at least seven (7) calendar days prior to the planned move, and shall pay the costs for any such adjustment or relocation as directed by the city engineer. The cost of these requirements shall be borne by the house mover.

8 (C62, ; O.7176, 7397; C75, C79, C85, ; O.11,583; C91, ; C00, ; O.14,245) Sec Parking permission. No person shall stop, stand or park a house, equipment, material or structure upon privately owned property without first having obtained the consent of the owner or person in charge of that property. Upon complaint of the owner or person in charge, failure of the person to obtain consent is declared to be a misdemeanor. (C62, ; O.7330; C75, C79, C91, ) Sec Equipment. (a) (c) All equipment used in the house moving operation must be equipped with adequate warning flares and lights. The house mover shall at all times comply with the state statutes pertaining to wheel loadings. The house mover shall not use any equipment, which travels upon the streets, avenues, boulevards, highways, alleys, sidewalk or other public grounds, that is not equipped with rubber tires. Tire chains shall not be used on city roadways. (C62, ; O.7176; C75, C79, C91, ; C00, ; O.14,245) Sec Placement of equipment. All caster wheels or other rolling gear shall be placed under the house, structure, or building to be moved in such a manner that the measurement of the maximum outside width of casters, wheels or rolling gear shall be at least two feet less than the width of the traveled portion of the roadway upon which the house, structure or building is to be moved. (C62, ; O.7176; C75, C79, C91, ) Sec Report of damage. The house mover shall report any damage done to any street, avenue, highway, boulevard, alley, sidewalk, curb, tree, telephone or light poles or wires, or to any other public or private property, except property owned by the house mover or the structure being moved, to the director of public works within 12 hours from and after the occurrence. Failure to report damage as required in this section shall be a misdemeanor. (C62, ; O.7176, 7397; C75, C79, C91, ) Sec Payment for damages.

9 The house mover shall upon demand pay any damages resulting from any injury to any person or property, which injury is required to be reported to the director of public works under section of this article. Nothing in this section shall be construed to prevent the house mover from contesting any claim in good faith in any court. (C62, ; O.7176, 7397; C75, C79, C85, ; O.11,583; C91, ) Sec Reconstruction. The work proposed by the permit obtained pursuant to section of this article shall be completed within six months from the date the house, structure or building is moved. (C62, ; O.7176; C75, C79, C85, ; O.11,583; C91, ) Sec Permit for moving construction machinery or for vehicle with indivisible load. The city engineer may upon application and with good cause being shown therefor issue permits for the movement of construction machinery being temporarily moved on streets, roads, or highways and for vehicles with indivisible loads carried thereon which exceed the maximum dimensions and weights specified in state law. Permits so issued may be single-trip permits or annual permits. All permits shall be in writing and shall be carried in the cab of the vehicle for which the permit has been issued and shall be available for inspection at all times. The vehicle and load for which the permit has been issued shall be open to inspection by any peace officer or to any authorized agent of any permit granting authority. When in the judgment of the city engineer the movement of a vehicle with an indivisible load or construction machinery which exceeds the maximum dimensions and weights will be unduly hazardous to public safety or will cause undue damage to streets, avenues, boulevards, thoroughfares, highways, curbs, sidewalks, trees or other public or private property, the permit shall be denied and the reasons therefor endorsed upon the application. Permits shall designate the date, time and route upon which loads and construction machinery may be moved. (C42, to 88-25; C54, C62, to ; O.7397; C75, ; O.9161; C79, C91, ) Sec Escorts for oversize or overweight vehicles. All movements of mobile homes and other vehicles, the width of which, including any load, exceeds the roadway lane width of the highway or street being traversed, shall be under escort. All other movements of oversize or overweight vehicles, if in the judgment of the department of engineering may be unduly hazardous, shall be under escort. (C75, ; O.9161; C79, C91, )

10 Sec Load limits per axle. (a) (c) The gross weight on any axle of any vehicle or combination of vehicles traveling under a permit issued in accordance with this article shall not exceed the maximum axle load prescribed in I.C , except that construction machinery being temporarily moved on streets, roads, or highways may have a gross weight of 36,000 pounds on any single axle equipped with minimum size 26.5-inch by 25-inch flotation pneumatic tires and a maximum gross weight of 20,000 pounds on any single axle equipped with minimum size 18-inch by 25- inch flotation pneumatic tires, provided that the total gross weight of the vehicle or a combination of vehicles does not exceed a maximum of 126,000 pounds, and except that a manufacturer of machinery or equipment manufactured or assembled in this state may be granted a permit for the movement of such machinery or equipment mounted on pneumatic tires with axle loads exceeding the maximum axle load prescribed in I.C for distances not to exceed 25 miles at a speed not greater than 20 miles per hour. The movement of such machinery or equipment shall be over a specified route between the place of assembly or manufacture and a storage area, shipping point, proving ground, experimental area, weighing station, or another manufacturing plant. Special mobile equipment, as defined in I.C (75), is not subject to the requirements for distance in feet between the extremes of any group of axles or the extreme axles of the vehicle or combination of vehicles as required by this article when being moved upon the highway. Trailers registered in the state as of March 31, 1983 for the 1983 registration year used exclusively in the transportation of soil conservation equipment are not subject to the requirements for distance in feet between the extremes of any group of axles or the extreme axles of the vehicle or combination of vehicles as are required under I.C (C75, ; O.9161; C79, C85, ; O.10,807, 11,583; C91, ) Sec Annual permits for vehicles with indivisible loads. Under this article, annual permits shall be issued in accordance with the following: (1) Vehicles with indivisible loads having an overall width not to exceed 12 feet five inches or mobile homes including appurtenances not to exceed 12 feet five inches and an overall length not to exceed 75 feet zero inches may be moved for unlimited distances. The vehicle and load shall not exceed the height of 13 feet ten inches and the total gross weight as prescribed in I.C (2) Vehicles with indivisible loads, including mobile homes and factory-built structures, having an overall width not to exceed 14 feet six inches and an overall length not to exceed 85 feet zero inches shall be restricted to trip distances not to exceed 50 highway and street miles in total aggregate. The vehicle and load shall not exceed the height as prescribed in I.C and the total gross weight as prescribed in I.C

11 (3) Vehicles with indivisible loads having an overall length not to exceed 100 feet zero inches shall be restricted to trip distances not to exceed 50 highway and street miles in total aggregate. The vehicle and load shall not exceed the width as prescribed in I.C and the total gross weight as prescribed in I.C (4) All movements of mobile homes and other vehicles, the width of which, including any load, exceeds the roadway lane width of the street or highway being traversed, shall be under escort. (C75, ; O.9161; C79, C85, ; O.10,807, 11,583; C91, ) Sec Single-trip permits for vehicles with indivisible loads. Under this article, single-trip permits shall be issued in accordance with the following: (1) Vehicles with indivisible loads having an overall width not to exceed 40 feet zero inches, an overall length not to exceed 120 feet zero inches, or a total gross weight not to exceed 100,000 pounds may be moved, provided the gross weight on any one axle shall not exceed the maximum prescribed in I.C pursuant to rules adopted pursuant to I.C. 17A.1 et seq. The height of the vehicles and loads shall be limited only to height limitations of underpasses, bridges, power lines and other established height restrictions on the specified route. A mobile home shall not be moved under this section if the actual mobile home width exceeds 12 feet five inches or length exceeds 65 feet six inches, excluding hitch or any overhang. The vehicle with load shall be accompanied by an escort as required by rules adopted pursuant to I.C. 17A.1 et seq. (2) Vehicles with indivisible loads exceeding the width, length, and total gross weight provided in subsection (1) of this section may be moved in special or emergency situations, provided the gross weight on any one axle shall not exceed the maximum prescribed in I.C The vehicle and load shall be accompanied by an escort as required by rules adopted pursuant to I.C. 17A.1 et seq. The issuing authority may impose any special restrictions as deemed necessary on movements by permit under this subsection. (3) Vehicles or combinations of vehicles consisting of construction machinery being temporarily moved on streets, roads, and highways with a maximum total gross weight limitation and a single axle weight limitation prescribed in I.C. 321E.7, an overall width not to exceed 14 feet zero inches, an overall length not to exceed 80 feet zero inches may be moved for unlimited distances over specified routes when accompanied by an escort as required by rules adopted pursuant to I.C. 17A.1 et seq. The height of the vehicle or combination of vehicles shall be limited only to the height limitations of underpasses, bridges, power lines, and other established height restrictions on the specified route. (4) The city engineer may refuse to issue a permit for a vehicle with an indivisible load of 15 feet zero inches or more when in his or her judgment the

12 movement will be unduly hazardous to public safety or cause undue damage to streets, highways, curbs, trees, sidewalks or other public or private property. The permit shall be denied and the reasons therefor endorsed upon the application. (C75, ; O.9161; C79, C85, ; O.10,807, 11,583; C91, ) Sec Movement times. (a) Movements by permit in accordance with this article shall be permitted only during the hours indicated on the permit. No movement by permit shall be allowed on a Sunday, a holiday, after 12:00 noon on a Saturday, after 12:00 noon on a day preceding a holiday and holiday weekend, or during a special event when abnormally high traffic volumes can be expected. (C75, ; O.9161; C79, C91, ) Sec Financial responsibility. (a) In accepting a permit under this article, the party receiving the permit shall be deemed to have agreed to hold and shall hold the city harmless from and indemnified against all damages arising from or growing out of the movement authorized by the permit. Prior to the issuance of any permit, the applicant for a permit shall be required to file proof of financial responsibility or to post a bond not to exceed $10, with the issuing authority. Such bond shall be used as security for repair or replacement of official signs, signals, and roadway foundations, surfaces, or structures which may be damaged or destroyed during the movement of a vehicle and load operating under such permit. (C75, ; O.9161; C79, C91, ) Sec Fees for permits. (a) The fees for annual and single trip permits shall be in the amount set in the schedule of fees adopted by the city council by resolution. The city may charge a permit applicant for the cost of trimming trees and removal and replacement of natural obstructions or official signs and signals or other public or private property required to be removed during the movement of a vehicle and load. In addition to the fees provided in this section, the annual fee for a permit for special mobile equipment, as defined in I.C (75), operated pursuant to I.C. 321E.7(2), shall be in the amount set in the schedule of fees adopted by the city council by resolution. (C75, ; O.9161; C79, C85, ; O.10,807, 11,583; C91, ; C00, ; O.14,174)

13 Sec Use of highways of interstate system. Use of the National System of Interstate and Defense Highways within the corporate limits is prohibited and shall not be used for any oversize or overweight movement under this article. (C75, ; O.9161; C79, C91, ) Sec License required for driver of escort vehicle. Any operator of an escort vehicle, serving as an escort in the movement of vehicles and loads of excess size and weight under permits as required by this article, shall have a valid operator's or chauffeur's license. (C75, ; O.9161; C79, C91, ) Secs Reserved.