Chapter 4 · Buildings and Construction

Article 5. Moving Buildings

Sections 4-501 to 4-508 · 8 sections

4-501 Permit.

No person, firm or corporation shall move, haul or transport any house, building or structure including manufactured or mobile homes over, along or upon any street, alley or other public ways within the corporate limits of the City or Community Growth Area, or from place to place within said City or Community Growth Area, without first obtaining a permit therefor as hereinafter provided.

(Prior Code 2016 §525.010; CC 1968 §4-501; Code 2021)

4-502 Pre-Move Evaluation.

(a)An inspection to evaluate the general condition of the existing structure and to establish specific requirements needed to bring the existing building and its components into compliance with this code may be required as deemed necessary by the Code Official.

(b)This inspection shall be performed either by the office of community development or by a professional architect or engineer at the option of the Code Official. A copy of the evaluation report listing any conditions required to be corrected shall be entered into the project’s permit file. The cost of the evaluation to be paid for by the applicant.

(Prior Code §510.015; Code 2021)

4-503 Applications For Permits Required.

(a)Application for permits required by section 4-501 shall be made to the Office of Community Development in writing, specifying the day and hour said moving is to commence; the route will be determined by the City Manager or his/her designee. If it shall be necessary to interfere with any wires or poles in any way, the application shall state the name of the owners of said wires or poles and the time that the alterations will be necessary. Permittee shall fulfill all requirements of State law and particularly those of K.S.A. Sections 17-1914, et seq. Application shall be filed not less than fifteen (15) days before the moving is to commence. A charge of five hundred dollars ($500.00) will be made for the permit.

(b)In addition to the information required by section 4-105(f)(1), every such application shall indicate:

(1)A copy of the warranty deed for the present location of the building to be moved.

(2)The name and address of the owner of the building.

(3)A letter of authorization from the current owner of the building or property to conduct an evaluation inspection and granting the permit applicant permission to move the building from its existing location.

(4)Documentation that all public utilities have been properly disconnected.

(5)The length of time required to perform the proposed work.

(6)Approved moving permit issued by the Community Development Department.

(7)A pre-move evaluation inspection report.

(8)Evidence of a completed foundation at the proposed location. The foundation permit will be issued only after receipt of a pre-move evaluation and approval of the moving permit.

(9)Approval of sewage disposal system for the proposed location by the City of Paola or Miami County Environmental Health Department.

(10)Submittal of any plans, specifications or other documents required to obtain any permits for any addition, repair, remodel or improvement of the building when placed upon the required foundation at the proposed location.

(Prior Code 2016 §510.020; Code 2021)

4-504 Performance Bond.

Before the permit herein provided for shall be issued, the applicant therefor must execute and deliver to the City Clerk a good and sufficient performance bond in a sum to be determined by the City Manager.

(Prior Code 2016 §510.030; Code 2021)

4-505 Insurance.

Before the permit herein provided for shall be issued, the applicant therefor shall file, in addition to the performance bond, a policy of insurance or a certificate thereof providing public liability insurance with limits as determined by the City Manager.

(Prior Code 2016 §5210.040; Code 2021)

4-506 Issuance of Permit.

Upon compliance with the foregoing conditions of this article, as the same may apply, the Code Official shall issue a permit to the applicant therefor upon payment of the required fees, which shall authorize the described structure to be moved over the described route at such time as shall be specified in such permit. A copy of such permit shall be displayed on the structure during its movement. The applicant shall, upon the issuance of such permit, if the application states that 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, give not less than fifteen (15) days’ written notice to the public or municipally owned utility owning or operating such wires, cables or other aerial facilities, or to their agents, of the intent to move a structure, giving the time and location of the applicant’s moving operations. Should the moving operation be delayed, then applicant shall again give the public or municipally owned utility not less than twenty-four (24) hours’ advance notice of the actual operation.

(Prior Code 2016 §510.050; Code 2021)

4-507 Deposit.

For moving any structure subject to the conditions of this article, the mover shall pay a deposit of two thousand five hundred dollars ($2,500.00) to be applied to any costs incurred by the City and any remaining balance shall be returned to the applicant.

(Prior Code 2016 §510.060; Ord. 2083; Code 2021)

4-508 Penalty.

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than five hundred dollars nor more than one thousand dollars ($1,000.00) or be imprisoned not to exceed thirty (30) days, or be both so fined and imprisoned, and each and every day that any of the terms, conditions or provisions of this article are not complied with shall be considered a separate offense.

(Prior Code 2016 §510.070; Code 2021)