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Ordinance 1985-34A OI::;:D I I\I{'~NCE _~_.u.f!.. ./:1..___ BEING AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR MOVING BUILDINGS EITHER WITHIN OR INTO THE CITY OF WYLIE, ESTABLISHING FEES FOR INSPECTION, ESTABLISHING FEES FOR MOVING SUCH BUILDINGS, PROVIDING A SEVERENCE CLAUSE PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Whereas, the City of Wylie presently has no adequate ordinance to control the movement of structures and Whereas, it is the desire of the City Council to provide their citizens with safe and habitable structures and Whereas, it is the intention of the City Council to protect the streets and alleys of the City from damage due to the wieght of structures being moved. THEREFORE, be it ordained by the City Council of the City of Wylie, Texas that: SEC.l REQUIRED.. It shall be unlawful for any person to move, or cause to be moved, any building or structure into the city, or from one location in the city to another location within the city without first having made application for and secured a permit to move such building or structure from the city mi:u1i::\ger. . SEC. 2 APPLICATION. The person desiring to move any building or structure, shall file a written application with the city manager for a permit to make such movement of such building or structure. As a minimum, said application shall contain the following: (a) The name and address of the owner of the building or ~5 t r. uc t. LW e. (b) The name and address of the mover of such building or structure.. (c) The present exact location of t.he building or structure to be moved. (d) The proposed route t.o be followed in moving such building or structure. (e) The exact location t.o which such building or struct.ure is to be moved. (f) The size of the structure to be moved or the size of the building to be moved. (g) The composition of the building or st.ructure to be moved. (h) The approximate weight of the building or struct.ure to be moved within two (2) tons. (i) Such other and furt.her informat.ion as the city manager shall require. SEC. 3 FEES" Along with the application for a permit required by the provisions of t.his ordinance, he applicant therefor shall pay to the cit.y an inspection fee of one hundred (100,,00) dollars. In the event the st.ructure is located outside the city limits of the City of Wylie an additional fee of t.hirty five (.35)cents per mile shall be assessed. SEC. 4 INPECTION OF BUILDING. On or before ten (10) days following application (not including t.he date of the city manager shall cause the building inspected by the following persons: the date of the such applicat.ion), to be moved to be (a) The fire marshal (b) The building inspector. (c) The city engineer or street superentendant. SEC. 5 REPORT OF INSPECTION" The persons named in section 4 shall make a writ.ten report to the city manager relative to the building or structure to be moved under a permit required by the provisions of this ordinance. SEC. 6 TIME LIMITATION FOR ACTION. Within ten (10) provided for in application for ordinance. days after receipt of the written report section 5 the city manager shall act on the a permit required by the provisions of this SEC. 7 GROUNDS FOR DENIAL. No permit shall be issued under the provisions of this division if: (a) The applicant fails to answer truthfully any question contained in the application. (b) In the opinion of the cit.y engineer, based upon engineering calculations, the movement of the building or structure would be reasonably calculated t.o damage any public street or alley to a greater extent. than ten thousand (10,000.) dollars. (c) In the opinion of the fire marshal or building inspector, the building or structure does not. conform to the minimum building standards set fort.h and established in the one & two family dwelling Code adopt.ed by the City of Wylie and/or if such building or structure would constitute a hazard to the public from the standpoint of fire or windstorm. (d) In its new location, the building or structure would violate the use and structure provisions of the city zoning ordinance. SEC. 8 FIRE ZONE REQUIREMENTS. All buildings and other structures to be moved into the fire zone of the city or to be moved from one location in the fire zone to another location in the fire zone, must meet the requirements with regard to fire resistance of the one and two family code as adopted before a permit to move such building or struct.ure will be issued. There shall be no exceptions to this provision. SEC. 9 BOND REQUIRED. In the event any person who shall obtain a permit under the provisions of this ordinance shall need to use the public streets of the city in moving a building Dr struct.ure, t.hen such person shall be required to post. bond in not less than the sum of ten thousand (10,000) dollars in some surety company authorized to do business in the state, payable to the city, conditioned that such person will pay all cost of repairs or damage to the said public streets or alleys occasioned by such movement of such building over and along such streets Dr alleys. SEC. 10 Appeal. Any person aggrieved by the decision of the city manager may appeal to the city council by filing a written notice with the city secretary of such person's intention to appeal to the city council, stating in such notice the decision appealed from and the ground Dr grounds upon which such appeal is to be based. Such notice must be filed with said city secretary within ten (10) days following the date of the decision of the city manager. SEC. 11 Action by the city council. At the next. regular meeting of the city council following the receipt of notice of intention -to appeal, the city council shall order a public hearing to be held at the city hall within ten (10) days from the date of such regular meeting. In computing the ten (10) day period, the date of said regular meeting shall be excluded. At such public hearing, no grounds not set out in the notice of appeal shall be considered by the city council. Such hearing may be continued or adjourned from day to day and from time to time until such person appealing shall have had a full, fair and impartial hearing. SEC. 12 Decision of the city council. If, after the hearing provided for in section 11, the city council is of the opinion that the city manager has abused his discretion in refusing to grant such application for permit in that the reasons assigned therefor are not of material substance, or if after such hearing, the city council should determine that because of the circumstances of the case, an unreasonable and undue hardship would result to the person seeking such permit, the city council may order the issuance of the required permit, otherwise such application shall be denied. DIVISION 2 GENERALLY SEC. 1. Purpose of ordinance provisions. The provisions of this ordinance have been designed with the purposes in view of protecting the public streets and alleys from damage, destruction and abuse; to protect. the public health; to protect the public from the calamities of fire and windstorm; and to promote the general welfare of the citizens of the city. With these purposes in view, the provisions of this ordinance shall be given the most liberal construction that will accomplish the results or purposes aforesaid" SEC. 2. Effect of ordinance provisions with respect to public utility lines. Nothing contained in this ordinance shall be construed in any manner to require the city to move, change or alter, in any manner, any public utility line or lines to enable the movement of such building or structure. The person moving any building or structure under the provisions of this article, Dr making application therefor, shall make arrangements with the public utility companies involved for such change, alteration, movement or removal of such public utility lines. SEC. 3 PENALTY Any person, firm, corporation Dr other entity who is found guilty of violationg the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine not to exceed the amount permitted by State Law. SEC. 4 SEVERABILITY It is hereby declared to be the intention of the City Council that the sections, paragraph, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence paragraph or sect.ion of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SEC. 5 PUBLICATION The caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. . SEC. 6 EFFECTIVE DATE This ordinance shall become effective upon its publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE _L1!f!LDAY OF _~/j::!!--_-F~85. _" /.YI. ~'J ----------------------~----------- John W. Akin, Mayor ATTEST: Od/'/ ~/:}__ 'L!4Y-~_______ Carol n on ity Secretary ,