HomeMy WebLinkAboutO-1035ORDINANCE NUMBER 1035
N ORDINANCE TO PROTECT THE PUBLIC SAFETY, HEALTH AND WELFARE
Y PRESCRIBING REGULATIONS AND PROVIDING FOR RECOVERY OF CITY
OSTS INVOLVED IN THE MOVING OF BUILDINGS WITHIN AND UPON THE
STREETS OF THE CITY:
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
kBAMA, AS FOLLOWS:
1. No person, firm or corporation shall remove any building or structure from its
ons to a moving dolly without first having obtained a moving permit from the City.
on 2. No person, firm or corporation shall move or cause to be moved any building or
ture into or upon the public streets of the City without having a valid permit to move
building or structure. Nor shall such a building be moved into or upon the public
is until the permit holder has in place sufficient personnel to provide traffic control,
t the move and maintain effective control of the move, in the judgment of the Police
of the City.
Section 3. No permit shall issue to move such building or structure until the mover has filed
with the City all information essential to control of the moving of such building, including
but not limited to:
A. A map showing the route of the proposed move within the City and its police
jurisdiction, together with required state or county permits
B. The date and time the move is to be upon streets, excluding the period from
noon on Thursdays until Monday at 8 a.m., during which time no move shall be
initiated upon the City's streets
C. Adequate lighted barricades and other measures to protect the building or
structure in the event of unforseen delays in the move
D. A pre -move conference with the Police Chief and the Superintendents of the
Electrical and Public Works Departments to review the route and estimate costs
likely to be incurred by the City and written City approval of any trees to be
pruned on the route
E. A cashier's check in an amount equal to the City's estimated cost of providing
police assistance with traffic control and utility services required in adjustment
of city utilities required by the move - difference between actual cost and
estimate to be either billed to or refunded to the permit holder remitting check
Section 4. Permits shall carry a date of issue and an effective time and date which shall be
the date the move is authorized to occur. No permit shall issue less than 15 days nor more
than 30 days before the effective date. Permit holder shall confirm the effective date and
time with the Police Chief and other city superintendents not less than 24 hours in advance
of the move.
Section 5. Any building or structure being moved upon City streets within the police
jurisdiction which becomes an immediate danger to life or property is hereby declared to be
a nuisance and shall be subject to immediate removal or demolition by the City.
Section 6. No permit shall authorize the moving of a structure or building upon public
streets after sunset or before sunrise. Where any such building or structure is, due to
conditions beyond the movers control, required to remain within the public right-of-way
overnight, the mover shall institute any and all controls and warnings necessary to protect
the public.
Section 7. As a condition of the permit, the permit holder shall indemnify and hold harmless
the City of Fairhope, Alabama, it officers, agents and employees from any and all damages
arising, or which may arise, from the moving of any building or structure upon and along
the public streets.
Section 8. No permit shall issue to move any building or structure into the City from
outside the corporate limits when, in the opinion of the city building official, such building
or structure contains or incorporates materials which are or may be hazardous to the health
or safety of persons within the City. Provided however, that the decisions of the building
official or other official acting under this ordinance shall be appealable to the City Council
upon a showing of reasonable evidence of error in such decision.
Section 9. No permit shall issue to move any building or structure into the City from
outside the corporate limits without a certification by an Alabama registered engineer or
architect's design of the work necessary to bring such building or structure into compliance
with the minimum requirements of applicable codes or laws. To the maximum extent
practicable, such work shall be accomplished before moving of the structure and in any case
the work shall be completed within sixty days after the move is completed. Any structure
or building in violation of this section shall be deemed a nuisance, subject to action by the
City Council to remove or have removed such building from the City, by demolition thereof.
Section 10. Any building or structure found upon any public street within the City's
jurisdiction without the required permit having been issued shall be prima facie evidence of
violation of this ordinance and such building shall be deemed a dangerous building within
the meaning of Section 7-93 of the Fairhope Code of Ordinances. The mover of any such
building shall be cited for violation of this ordinance and shall be subject to the penalties
hereinafter prescribed.
Section ..11. Any building or structure found elevated on a moving dolly on any lot in the
City without the required permit having been issued or for which the permit has expired
shall constitute prima facie evidence of violation of this ordinance and such building shall be
a dangerous building as described above, and the mover of such building, or the owner
thereof, shall be subject to prescribed penalties.
Section 12. Any person violating any provision of this ordinance :hall, upon conviction
thereof, be subject to a maximum fine of $500.00 or a maximum sentence of Six Months in
the City Jail, or both, at the discretion of the trial judge.
Section 13. Any building or structure existing in violation of this ordinance shall be subject
to an action in the Circuit Court to have such building removad as a nuisance.
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Section 14. Each phrase, sentence, paragraph, section or other provision of this ordinance
is severable from all other such phrases, sentences, paragraphs, sections and provisions.
Should any such part of this ordinance be declared by the courts to be unconstitutional or
invalid, such declaration shall not affect any other such portion or provision of this
ordinance.
Section 15. This ordinance shall take effect upon its due adoption and publication as
provided by law.
ADOPTED THIS THE 24`h DAY OF AUGUST 1998.
�_I' riM,�/'
P. Nix, Mayor
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