The Code Enforcement Officer or his or her authorized designee shall be responsible for the administration and enforcement of this article.

(Code 2007)

(a)   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 eight feet or more or which cannot be moved at a speed of four miles per hour or faster, upon, across or over any street, alley or sidewalk in this city without first obtaining a permit therefor.

(b)   Permits for moving a house or structure into the city shall in addition be governed by any ordinance relating to building permits.

(K.S.A. 17-1914; Code 1977, 15.12.010(B); Code 2007)

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 municipally-owned utility, and if so, the application shall also state the name of the public or municipally-owned 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.

(K.S.A. 17-1915; Code 2007)

(a)   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 governing body, 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. The bond herein shall be in the sum of $10,000.00, or cash may be deposited in lieu of such surety bond.

(b)   In addition to the bond required in (a) above, a public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of $500,000.00.

(Code 2007)

Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay a fee, as set by resolution of the governing body, to the city clerk. Any additional cost incurred by the city such as the time for any city crews involved in such moving and the repair of damages caused by the move shall be paid at the completion of the building move.

(Code 2007)

The provisions of sections 4-219:225 of this chapter shall apply in a like manner to this article.

(Code 2007)

The city clerk shall, upon filing of the above application, refer the same to the chief building official to check the proposed route and determine if it is practical to move such house or other structure over the route proposed. If it shall appear that such route is not practical and another route may be used equally well with less danger to street and travel, then he or she may designate such other route as the one to be used and shall notify the applicant of the same. The building official may also require the planking of any street, bridge or culvert or any part thereof to prevent damage thereto. It shall also be the duty of the chief building official to inspect the progress of moving any house or other structure to see that the same is being moved in accordance with the provisions of this article.

(Code 2007)

(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. 17-1916; Code 2007)

(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 4-508, shall be liable to the permit holder for damages in an amount not to exceed $100.00 per day for each day the owner shall fail or refuse to accommodate the permit holder’s moving operations.

(K.S.A. 17-1917; Code 2007)

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. 17-1918; Code 2007)

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 sunset to sunrise.

(Code 2007)

No person shall trim or cut any shade trees for the purpose of allowing any building to pass through or upon any street, avenue, alley or lands within the city, without doing so with the consent and under the direction of the owner of the trees, the Superintendent of streets and parks.

(Code 1977, 15.12.070; Code 2007)

Every person who has removed, torn down, or caused to be removed or torn down, any dwelling house or other building within the city shall, within a reasonable time after the removal or destruction of the same, clear, or cause to be cleared from the lot left vacant by such removal all the debris, junk and discarded building materials not to be used immediately in rebuilding; and shall fill in all open wells, cisterns, cellars, basements or other excavations remaining on such lot with earth, brick or rock, unless the same are to be used immediately in connection with other structures to be erected thereon. The capping of unused and or abandoned wells and the disposal of building materials shall be accomplished in accordance with the current Kansas Department of Health and Environment (KDHE) requirements and directives.

(Code 1977, 15.12.080; Code 2007)

It is unlawful for any person, as referred to in section 4-513, to leave on any lot from which a building has been removed any abandoned structure or portion of a structure, any building materials or any excavation of any nature whatsoever in such a condition as to constitute a menace to the public health and safety, or to constitute an unusual fire hazard.

(Code 1977, 15.12.090; Code 2007)