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831_00001ORDINANCE NO. AN ORDINANCE REPEALING EXISTING CHAPTER 3.10 ENTITLED "MOVING BUILDINGS",ANDENACTING A NEW CHAPTER 3.10 ENTITLED "MOVINGSTRUCTURES". THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1 SPECIFIC REPEAL Chapter 3.10 of the Moses Lake City Code is hereby repealedinitsentirety. Section 2 ENACTING NEW CHAPTER There is hereby enacted a new Chapter 3.10 to theMosesLakecityCodetobeentitled"Moving Structures"and to read as follows: 3.10.04 STRUCTURE -DEFINITION The term structure,as used in this chapter,shallmeananyhouse,building,modular building over eight feet on any three sides,trailer over thirty-five feet in length or more than eight feet in width,or any part of anyoftheaboveovereightfeetonanythreesides.Any of the above items travelingininterstatecommerceshallnotbeincludedforpurposesofthischapter. 3.10,08 PERMIT REQUIRED TO MOVE STRUCTURE No structure shall be moved over,along,or across any street or alley of the City of Moses Lake unless the person moving suchstructureshallhavepreviouslysecuredapermitfromtheBuildingOfficial,and unlesssuchpersonshallhaveavalidstructure-mover's license and shall have on file withthecityanindemnitybondorliabilityinsuranceashereinafterprovided. 3.10.12 WRITTEN APPLICATION MUST BE FILED The application for a permit shall befiledwiththeBuildingOfficialatleast-seven (7)days before the intended movingdate.The application shall contain information on the following: A.Description of structure to be moved,including size B.Present location of structure ve hat t eicts nd r a 1 st r ture will be moved E.Name of owners of structure F.Name of person,firm,and/or corporation doing the moving G.Purpose of the move H.Other information required by the Building Official. 3.10.16 DUTIES OF SUILDING OFFICIAL Upon receiving an application,the BuildingOfficialshallmakeorcausetobemade,an investigation into the manner of movingthestructure,the inconvience caused,the compliance with all ordinances of the cityofMosesLake,laws of the State of Washington,and laws of the United States.Aftertheinvestigation,the Building Official shall approve or reject the application.Ifapproved,the Building Official shall inform the Public Works Department,the Police Department,and other interested parties of the date of the intended move and the route(s)to be used.The building Official shall then issue the permit. If the application is rejected,the Building official shall notify the applicant andspecifythegroundsforrejection.The applicant may appeal the decision to the CityCouncilbyfilingawrittenrequestwiththeBuildingOfficialwithinten(10)daysofreceivingtherejection. I 3.10.20 FEES FOR PERMITS The fee for a permit to move any structure shall be $25forthefirstfiveblocksoranypartthereof,over which the structure is to be moved, --and $5 for each additional block or part thereof.Additionally,the applicant shallreimbursetheCityofMosesLakeforanyandallexpensesitmaybeputtoinconnectionwithsuchmoving,including the expense of moving its apparatus and equipment,such astrafficlightsandpoliceandfiresignals,for the passage of such structure. 3.10.24 STRUCTURE MOVER'S LICENSE No person or persons shall undertake to move any structure on the streets of the City of Moses Lake without first taking out a structure-mover's license,issued by the Building official on application therefor,the fee for which shall be $25 per annum.This license shall not be transferable and shall entitle the holder to engage in the general structure moving business in the City of Moses Lake, on filing an indemnity bond or certificate of liability insurance,as hereinafter provided,and upon compliance with all other provisions of this ordinance. 3.10.28 INDEMNITY BOND OR CERTIFICATE OF LIABILITY INSURANCE TO BE FILED It shall be unlawful for any person,firm or corporation to undertake to move any structure IonthestreetsoralleysoftheCityofMosesLakeunlessanduntilanindemnitybond or certificate of liability insurance has been filed with the city,to be approved by the City Attorney as to form,in the sum of $500,000 single combined limit.The city shall be indemnified against any and all damage to the streets,sidewalks,gutters,anΠ' other property of the City of Moses Laker and against any and all damages and claims for damages arising directly or indirectly as a result of the alleged carelessness ornegligenceofthemover,the building,or the movers employees.Any contractor having procured a structure-mover's license may file a general bond or certificate of liability insurance to cover any and all jobs of structure moving over which he or it shall have supervision,and indemnifying the city as set forth.This bond or certificate of liability insurance shall be good for the period of the license,and not to exceed one year.In the event such general bond or certificate of liability insurance be on file, such structure-mover shall not be required to file an additional indemnifying bond orcertificateofliabilityinsurance.At all times the City of Moses Lake shall be pro- tected by an indemnifying bond or certificate of liability insurance in the sum of $500,000 single combined limit over and above the amount of any and all claims filed, or legal actions instituted against the city on account of alleged negligence of such structure-mover,or the mover's employees. 3.10.32 TIME AND MANNER OF MOVING All structures to be moved pursuant to the provisions of this ordinance shall be moved at such times as will least inconvenience.the general public,the police department and other interested parties.The time of moving will be fixed by the Building Official.All structures shall be moved in a prudent manner and all blocks,tackle,cable,rollers and other paraphernalia shall be used and guarded so as not to injure persons or property.All streets and other city property shall be left in as good condition as prior to such moving.It is the duty of the structure- mover to leave the streets clear of all rubbish or materials used for or caused by such structure-moving.Structure-movers shall comply with all existing ordinances and state and federal laws relating to and governing the removal of telephone and telegraph wires when the removal is made necessary for the moving of any structure upon any street or alley. 3.10.36 PENALTY Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor.Violation of this ordinance by any licensed contractor in the structure-moving business shall be sufficient grounds for the revocation of such license by the Building Official.The Building Official shall provide,within three (3)days,written notice to the licensee specifying the violation.The licensee shall have the right to appeal the revocation to the City Council within ten days of notice to the licensee.Notice of appeal is to be filed with the Building Official within the specified period. Section 3 SEVERABILITY The invalidity of any part of this ordinance shall not effect the validity of any other part of parts which can be given effect without such invalid part or parts. Section 4 EFFECTIVE DATE This ordinance shall take effect and be in force five (5) days after its passage and publication as provided by law. PASSED by the City Council of the City of Moses Lake,Washington,and APPROVED by its Mayor this Rhday of April ,1977 Mayor \ ATTEST: City Clerk City Attorney