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Ordinance 886 - Moving Buildings Within CityORDINANCE NO. 886 AN ORDINANCE TO AMEND THE KALISPELL CITY CODE RELATIVE TO MOVING BUILDINGS WITHIN THE CITY; THE FEES REQUIRED FOR A PERMIT THERE- FORE; REQUIRING A BUILDING PERMIT FOR MOVED BUILDINGS BASED ON A MINIMUM VALUATION OF $20,000.00; DECLARATION OF EMERGENCY AND SETTING EFFECTIVE DATE OF JANUARY 1, 1978. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: Section 1. Chapter 24, Article V, of the Kalispell City Code is hereby amended to hereafter provide as follows: "Sec. 24-50 Permit' --* Required. It shall be unlawful for any person to move any house or other building or structure through, over, upon, or across any street, avenue'or alley or public way or thoroughfare within.the limits of the city without first obtaining from the building inspector nspector a permit to do so. Such permit shall be kept in the possession of the moving person or contractor while said house, building or structure is being moved." "Sec. 24-51 Same -- Application; fee7 bond. The permit required by this article shall be obtained by filing with the building inspector an application there- fore, signed by the owner'or agent of the owner of the building desired to be moved, or by the contractor or other personwhowill do such moving. Such application shall show the size, structure and general nature and character of the building desired to be moved, the name of the owner thereof and of the person who will do the actual moving, the place of location from which and to which such building*is-to be moved, and the date when it is desired to move''it and the' estimated time'of completion of the work. Such appliaction-shall be accompanied by payment of a fed 'as follows: For a house, building or structure 400 sq. feet or less — ------------------------------ $ 25.00 For a house,building or structure *401-sq.-feet to 900. sq. -feet -------------------------- $ 50.00 For a house,' building or structureof-morethan 900 sq. feet ---------------------------- $100.00 Such application shall also be accompanied by a good and sufficient indemnity bond for the sum and in the amount of one -thousand dollars,approved by the building inspector, or by a cash deposit in like amount in lieu of such bond, conditioned -that such applicant shall, will and truly -pay to -the city all damages* that may or might be sustained by the city, or to its streets, alleys or other public thorough- fares and its -trees, shrubbery, parking and other public or city property and that such 'applicant 'shall save and hold, the city, its officers, ageAts, and employees free and clear of any damage or liability that might arise in connection with or on account of such moving'." "Sec. 24-52 Same -- Disqualification of applicant. No permit for moving a building or other structure shall. be issued -to any applicant if it shall appear to the satisfaction of the building inspector that such applicant shall have theretofore become liable on a previous bond or for or on account of a previous act or job of house moving, for damage, to the city or city property and shall have failed or refused to settle or pay within a reasonable time the damage so done or caused by such applicant. Any applicant who does not have pending against him any unsettled or unpaid claim for damage previously done in house moving as . provided in this section shall be known as a qualified applicant. "Sec. 24-53 Same -- Issuance; contents. Upon the filing with the building inspector of the application and bond and payment of the fee herein provided for by any qualified applicant the building inspector may issue a permit to such applicant as herein provided for. Such permit -shall show the name of the applicant or per- mittee, the name of the owner of the building or structure -to be moved/ the size and construction of such building or structure, the place from which and to which the same is to be moved, the use for or to which the same is to be put and the time, both day and hours, when such moving shall be done. and -the required date of completion thereof together with the other particulars required by this article." "Sec. 24-54 Contractor's bond. Any person who shall carry on the business as a con- tractor of moving houses or other structures within the city may, if he so desires, furnish to the city and file in the Of-f"Ice of the clerk a continuing bond in the amount of one tho,-i.sand dollars, conditioned as provided in Section 24-51 anc' it shall. then be unnecessary for such contractor furnish- incjr such bond to furnish or file a bond foreachseparate act of building or housemoving, so long as such bond shall remiaixi in f orc'e 'and ef f edt.." ` c 7- 24- 55- Right'to move buildings is limited te.d by other ilations Any house, building or structure moved into or*on any -particular area or locality within thd city shall in all respects comply as to si.ze,' material, construction, location On lot and in all other particulars with the applicable ordinances, rules and regulations of the city relating to fire limits and fire prevention and also zoning requirements under the provisions of the Zoning ordinance o'f'the city. The building inspector shall have ­full power and authority to enforce the provisions of this section." "Sec. 24-56 Tme,'lace and direction of travel controlled en ee:C. Any moving of any house, building or othdr structure within the lin'iits of the "city as provided in this article shall be done 'through, along and upon such streets, avenues and alleys and at such time as shall be determined and designated by the city engineer who shall have full power and authority to determine and designate the routing and time 'of moving any such'structure''and the 2'- permit issued to any applicant under the terms of this article shall provide for such power and authority to be vested in the building inspector. Prior to the issuance of the permit provided for hereby, such applicant shall also submit, on forms provided by the city engineer, a statement by effected public utilities that they have been advised of the route and time of such move and same is approved by such utility." Section 2.) An emergency . hereby proclaimed of immediate necessity foxtihe health an safe y of the City of Kalispell and this ord.ina. ce /shall be effective January 1, 1978. PASS dD BY T CITY COU IL OF T CITY OF KALSIPELL, MONTANA, AND FOP OVED B THE MAYOR /, IIIS DAY OF January, 1978. L C erk ., ,. Norma E.MHapp, Mayor Y I, George Beardslee, C ty Clerk of the City of Kalispell, Montana, do certify €flat on titF /? d. y of 19_, I posted a copy of the foregoing; ordinance l in my. of f3.c:e, and toe sar��e rep ined posted for a period of five days, and the foregoing is a true and Correc copy of the ordinance as passed by the City Council.. City Clerk ofthe City of Kalispell, 14orau�na__�_ r r - 3 -