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Ordinance 514 - Moving of Buildings527 ORDINANCE NO. 514 AN ORDINANCE REGULATING THE MOVING OF BUILDINGS WITHIN THE CITY OF KALISPELL; PROVIDING FOR AN APPLICATION, PERMIT, PERMIT FEE AND BOND THERE- FOR; PROVIDING PENALTY FOR VIOLATION OF SUCH ORDINANCE; DIRECTING A.TT IN71ESTIGATION, AND RE- PEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COi?NCIL OF THE CITY OF KALISPELL, MO NTAAA: SECTION 1. It shall be unlawful for any person, firm or corporation 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 of Kalispell without first obtaining from the City Engineer or Building Inspector of Kalispell a permit to do so. Such permit shall be obtained by filing with the City Engineer or Building Inspector an applic=tion therefore signed by the owner or agent of the owner of the building desired to be moved, or by the contractor or other person who will do such moving; such app- lication shall show the size, structure and general nature and character of the building desired to be moved, the name of the owner or owners thereof and of the person or persons who w'1l do the actual moving, the place or location from which and to which such building is to be moved tnd the date when it is desired to move it and the estimated time of completion of the work. Such application shall be accompanied by payment of a fee in the sum of $10.00 which shall be paid to the .City Treasurer for the use and benefit of the City of Kalispell. Such application shall also be accompanied by a good and sufficient indemnity bond for the sum and in the amount of $1000.00, approved by the City Engineer or Building Inspector, or by a cash deposit in like amount in lieu of such bond, conditioned that such applicant shall, well and truly pay to the City of Kalispell all damages that may or might be sustained by such City, or to its streets, alleys or other public thoroughfares and its trees, shrubbery, parking and other public or city property and any and all thereof and that such applicant shall save and hold said city, its officers, agents, and employees free and clear of any damage or liability that might arise in connection with or on account of such moving. SECTION 2. Any person, firm or corporation who shall carry on the business as a contractor of moving houses or other structures within the City of Kalispell may, if he.or they so desire, furnish to the city and file in the office of i--s Clerk a continuing bond in the amount of $1000.00, conditioned as provided in Section 1 of this Ordinance and it shall then be unnecessary for such contractor furnish- ing such bond to furnish or file a bond for each and every separate act of building or house moving, so long as such bond shall remain in force. SECTION 3. No permit for moving a building or other structure shall be issued to any applicant it if shall appear to the satisfaction of the City Engineer or Building Inspector that such applicaht 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 set'.le 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. SECTION 4. Any house, building or structure moved into or on any particular area or locality within the city shall in all respects comply as to size, material, construction, location on lot and in all other particulars with the applicable ordinances, rules and reg- ulations of the city relating to f_re limits and fire prevention and also zoning requirements under the provisions of Ordinance 500 of the City of Kalispell, known as the Zoning Ordinance and the City Engineer or Building Inspector shall have full 'power and authority to enforce the provisions of this Section. 528 SECTION 5. Any moving of any house, building or other structure with- in the limits of the City of Kalispell, as provided in this Ordinance, shall be done through, along and upon such streets, avenues and alleys and at such time or times as shall be determined and designated by the City Engineer or Street Superintendent of the City of Kalispell who shall have full power and authority to determine and designate the routing and time or times of moving any such structure and the permit issued to any applicant under the terms of this ordinance shall provide for such power and authority to be vested in the City Engineer or Street Superintendent. SECTION 6. Upon the filing with the City Engineer or Building Inspector of the application and bond and payment of the fee - herein provided for by any qualified applicant the City Engineer or Building Inspector shall issue a permit to such applicant as herein provided for, which permit shall show the name of the applicant or permittee, the name of the owner or owners 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 hour, when such moving shall be done and the required date of completion thereof together with the other part-culars required by this ordinance. SECTION 7. Any violation of this ordinance or any provisions or requirements thereof shall constitute a misdeameanor, punish- able by a fine of not less than $10.00 or more than $300.00 or by imprisonment of not less than five nor more than ninety days or by both fine and imprisonment. SECTION 8. If any part of this ordinance shall be held uncon- atitutional or unlawful, such illegality or unconstitutionally :hall not affect the validity of this ordinance. SECTION 9. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 10. An urgency and emergency is hereby declared and the passage of this ordinance is hereby declared to be immediately necessary to the peace, health and safety of the City of Kalispell and this ordinance shall be and remain in full force and effect upon its passage and ap;_,roval. Passed by the City Council of the City of Kalispell and approved by the Mayor this %th day of June, 1946. D. S. Cameron Mayor Attest: C. H. Brewer City Clerk I, C. H. Brewer, City Clark of the City of Kalispell, Montana, do hereby certify that on the 8th day of June, 1946, I posted a copy of the foregoing ordinance in my office and the same remained posted for a period of five days 91ad the foregoing is a true copy of the ordinance as passed by the City Council. City Clerk