HomeMy WebLinkAboutOrd 1995-16 Moving Old Homes.pdf0
CITY OF ANNA, TEXAS
ORDINANCE 95-16
MOVING OF OLD OR USED HOUSES
AN ORDINANCE REGULATING THE MOVEMENT OF OLD OR USED
HOUSES, BUILDINGS OR STRUCTURES; DEFINING TERMS;
REQUIRING A PERMIT TO MOVE OR RELOCATE ANY USED OR OLD
HOUSE, BUILDING, STRUCTURE OR PORTION THEREOF; PROVIDING
CONDITIONS AND TERMS. FOR ISSUANCE OF A CERTIFICATE OF
OCCUPANCY; RESTRICTING LIABILITY OF THE CITY; PROVIDING
FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
PENALTIES FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE
DATE; AND VOIDING ORDINANCE NO. 1013-135.
WHEREAS, the movement or, r,eloceation of old Or Used b-iildinyr;>.,
house!;, sL-4.1cti-mars or• Por'ticans thereof .is regarded by the
City of Anna, as a Potential danger to the safety, health and
welfare OF the e:iti:.ens or the community; anr..l
WHEREAS, certain regulatllans on the movement or relocation Of
old or used buildings, hot.ases, str ct.mes or portions thereof'
ar^e required to eliminate these Potential dangers; now
therefore
BE IT ORDAINED BY THE crry COUNCIL. 13F THE CI -FY OF' ANNA,
TEXAS, THAT;
SECTION 1: SECTI01\1 3313 OF THE STANDARD BUILDING CODE, 1994
EDITION
A.e.f..i.n.�..i.�.o..
The following wor,c:ls, when 1.tsed in this section shall
have the meaning r'esPer..tiyfaly ascribed;
1. }3i,;,i_I.din,_q Uf,;F,i_c.,i,al„ aha ll mean a per�sun anuthori.. ed by
the city COU.mcil to Perform the duties prescribed
in this section„
2. F'',et^,m tt:_e,e shall mean a person to whom a permit to
move Or relocate any old Or used house, building Or,
e;t:ructure, or portion thereof, within the corporate
limits of the City has been .issued.
3. [;!,E}Y;.v_Q,Ti., shalt Olean any :inclivicl i.tal, corporation Or
legal entity.
4. ritn.ict.�trft. shall mean bUildi.ncls and houses OF every
nature and design and it,* is the intent to give the
broadest interpretation to the meaning Of the terns.
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B. A building or part of any building shall not be moved
through or across any sidewalk, street, alley or highway
within the gcoernmental limits without first obtaining a
permit; from the building official. The Building
Official, as a condition precedent to the issuance of
such permit, shall require a bond to be executed by the
person desiring such removal permit, with corporate
surety to his satisfaction.
C. 1 NV[ RT,1:..Cfll IIJN, QE NF'R 1C f1TMN ( HUTADING QEEI( I,f-1L_
Upon filing of the application, the building official
shall investigate the application by inspecting the
house, building or structure to be moved or relocated
upon the lot- or tract of land, ..and the lot or tract of
land upon which the: house, building or structure is to
be located. He shall then advise the city council as to
whether the house, building or structure meets the
requirements of the building code any other applicable
ordinances of the city and whether or not the lot and
hoose, building or structure, if allowed to be moved
onto the designated lot or tract of land, would meet all
of the: requirements of the building code and other
applicable regulations of the city.
A. MUM I p,T. NC, fel RM r Rl GU I F11,"l, .
Prior to the issuance of any permit for the moving of
any structure to be located on any .lot or parcel of,
ground in the city, the owner of the property on which
the structure is to be located shall obtain a building
Permit in compliance with the building codes and zoning
ordinance of the city.
E. Iual,1F1KE OF, f;!FRMV1'
After receiving the application and report of the
building official, the city council shall set a date far
a public hearing on the application. After such public:
hearing, the city council shall either grant or deny the
request, taking into consideration the location and size
of the lot upon which the house, building or structure
is to be locate, the size and construction of the house,
building or structure to be moved, the population
density of the area, the location and use of building,
structures and land in the area, and the condition that
the premises :is: to be left. No request shall be granted
if the city council shall rind.
1. The house, building or structure to be moved does
not moot all the requirements of all applicable
ordinances of the city.
ti:. The lot or tract of land with the house, building
or structure thereon would not meet all of the
requirements or the applicable ordinances of the
city.
3. Ti -ie house, building or structure to be moved has
deteriorated more than fifty percent (50%) of its
original value by virtue of fire or by virtue of
.age or normal wear and tear or other elements„
4. fhe moving of such house, building or structure
upon or from the lot; of tract of land would cause
injury to persons or property or damage to the
streets or other public improvements or that the
applicant cannot provide evidence of adequate
public liability insurance,,
s, The applicant cannot ensure that he has the
financial resources to bring the building up to
city standards within ninety (90) days after
completion of the move.
G. The applicant, cannot ensure that the grounds from
which a building is removed will be completely
cleared, leveled, and cleaned within ninety (90)
days after permit is issued.
If the city council shell grant the request to move such
house, building or structure, the city council shall
cause a permit to be issued authorizing the moving of
such house, building or structure upon or from the lot
or tract- of land under such conditions, requirements, or
restrictions as the city council shaall. determine.
1
18 Uflf It E;, OF C R f I F', C G{a;T; ' J' [J(' C icy
No person shall occupy such house, building or structure
permitter..) to be moved until the building official issues
the permittee a Certificate of (Occupancy. No
Certificate of Occupancy shall be issued until the
house, building or structure complies with all
conditions of the permit and all requirements of all
applicable: ordinances of the city.
G. l_IRPIl...7:TY OF PITY Uall)E THIO 510IUN
Neither the city nor any authorized ;agent acting under,
the terms of this section shall be liable or have any
.liability by reason of orders:.; :issued or work done in
compliance with the terms of this section.
• SECTION h'. `, I VEftOl3TLIT_Y
It :is hereby declared to be the intention of the city
council that the sections, paragraphs, sentences,
clauses and, phrases cF this ordinance are severable
and, if any Phrase, clause, sentence, paragraph, or
section shall be declared unconstitutional by the valid
judgement or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences,
paragraphs and sectivns, since the same would have been
enacted by the city council without the incorporation of
any unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 3.
All ordinances or parts of ordinances in conflict
herewith, are to the extent of such confliotv hereby
repealed"
SECTION 4.
Any person violating any of the provisions of this
ordinance shall be deemed quilty of a misdemeanor, anc
upon conviction, shall be subject to a fine not to
exceed the maximum as prescribed by law; provided,
however, that no penalty shall be greater or less than
the penalty provided for the same or similar offense
under the laws of the state, Each transaction in
violation of any of the provisions hereof shall be
deemed a separate offense" Prosecution or conviction
under this provision shall not be a bar to any other
remedy or relief for violations of this ordinance"
SECTION 5. 017APTUR DRTE�
This ordinance shall take effect immediately from and
after its passage and the publication of the caption, as
the law in such cases provides.
PASSED AND APPROVED THIS fDAY OF 1995
MAYOR
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