It shall be unlawful for any person, firm, or corporation to move any house, building or other structure with a floor area in excess of 200 square feet upon, across, or through any street, alley or sidewalk in the city without first having obtained a permit therefor: Provided, That no permit shall be granted to move any building which is wider than the paved or improved portion of any street extending from curb to curb, or to move such structure over any street or public way which will destroy or damage any trees in the parking adjacent to such street or public ways: Provided further, That when such moving is otherwise lawful and trees in the parking will interfere with such moving, the mover must secure the permission of the owners of the property abutting such parking to cut or trim the trees before any permit shall be issued.
(Code 1973, 16-501)
All applications for permits shall be made to the office of building official. The application shall specify the day and the approximate hour the moving is to commence, the place from and the place to which the structure is to be moved, a description of the structure and the route through the city over which the moving is proposed to be made. The application shall be made at least 15 days prior to the commencement of the moving. If it is necessary to cut down or move any poles, or to raise or cut or in any way interfere with any wires or cables or to cut or trim any trees or to remove any street signs or other structures thereon, the application shall so state and give the location of such poles, wires, trees and other obstructions. The fee for a permit shall be $50.
(Code 1973, 16-502; Code 2017)
The applicant for a moving permit shall give at least 15 days notice to the person, firm, or corporation, other than the city, owning or in charge of any poles, wires or cables necessary to be cut, moved or raised, and when it will be necessary to trim or cut any trees, give evidence that the mover has permission from the owner or abutting property owner to cut or trim such trees.
(Code 1973, 16-503)
It shall be the duty of such persons, firms or corporations, receiving or having notice of the moving of any building or structure, to furnish a sufficient number of competent workmen at the time specified in such notice to remove poles, to raise or cut wires or cables or to move other obstructions as may be necessary for the moving of the structure. The necessary and actual expenses incurred in doing all such work and to replace the same shall be paid in full by the holder of the moving permit.
(Code 1973, 16-504)
It shall be unlawful for any person, firm or corporation having a moving permit to raise, cut, remove or in any way interfere with any poles or wires and other obstructions in the street unless such person, firm or corporation owning or maintaining the same shall refuse to remove, cut or raise the same after having been notified in which case the necessary work to clear the moving route shall be done under the supervision of the public works director.
(Code 1973, 16-505)
The city reserves the right and authority to prescribe and direct the route over which any house, building or structure is to be moved through the city. The city manager shall cause an investigation to be made of the proposed route before granting the permit, and if the route is impracticable, he or she may designate some other route.
(Code 1973, 16-506)
If during the course of any moving it shall be necessary to leave the building or structure in any street or public way of the city during the nighttime, it shall be the duty of the permit holder to display red lanterns or flares about such structures during the nighttime and to cause suitable barricades to be erected to guard such structure, and to protect persons passing by such structure.
(Code 1973, 16-507; Code 1983)
The city inspector shall require any person, firm or corporation having a moving permit to execute a good and sufficient surety bond in favor of the city in the amount of $3,000, to be approved by the city manager conditioned to indemnify the city against any loss or damage to its streets or other property or against any claim for damage against the city resulting in any way from the moving of such structure. The city manager may accept in lieu of such a certificate or statement of the insurance carrier of any licensed mover that such mover has authority from the Kansas Corporation Commission to engage in house moving and that the mover is fully insured for such purposes.
(Code 1973, 16-508)
It is hereby expressly provided that this article shall not, in any way interfere with, modify or abrogate the terms of any franchise or contract to which the city is a party.
(Code 1973, 16-509)