Chapter 4 · Buildings and Construction

Article 4. Moving Buildings

Sections 4-401 to 4-409 · 9 sections

4-401 Permit necessary.

It shall be unlawful for any person to move, haul or transport, any house, building, derrick or other structure of the height of 16 feet or over, or of a width of 15 feet or more upon, across or over any street or alley in this city without first obtaining a permit therefor as hereinafter provided.

(Code 1984)

4-402 Application for permits.

All applications for permits to move houses, buildings, derricks or other structures mentioned in Section 4-301 shall be made in writing to the city clerk specifying the day and hour the moving is to commence and the route through the city’s streets over which the building or structure shall be moved. If it shall be necessary to cut down and move, raise or in any manner interfere with any wires or poles, the application shall state the name of the owners of the wires and poles, the time and place, when and where the removal of the poles and the cutting, raising, or otherwise interfering with the wires will be necessary.

(Code 1984)

4-403 Fees for permits.

Before a permit to move any house, building, derrick or other structure is granted under the provisions of this article, the applicant for the permit shall pay to the city clerk the sum of $5.00 therefor, which shall be deposited to the credit of the general fund of the city,

(Code 1984)

4-404 Notice to owners.

(a)Upon issuance of a moving permit the applicant shall give not less than 15 days written notice to any person owning or operating any wires, cables or other aerial equipment along the proposed route of the intent to move the structure, giving the time and location that the applicants moving operation shall necessitate the cutting, moving, raising or interfering of any wires, cables or other aerial equipment.

(b)The notice provision of subsection (a) shall not apply where the person owning or operating any wires, cables or other aerial equipment has waived their right to advance notice.

(c)Should the moving operation be delayed, the applicant shall give the owner or his or her agent not less than 24 hours advance notice of the actual operation.

(K.S.A. 17-1916; Code 1992)

4-405 Duty of owners of poles or wires.

It shall be the duty of the person, firm or corporation owning or operating poles or wires after service of notice, as required in Section 4-404, to furnish competent workmen or linemen to remove such poles or raise or cut such wires, as will be necessary to facilitate the moving of such house, building, derrick or other structure. The necessary expense which is incurred thereby shall be paid by the holder of the moving permit.

(Code 1984)

4-406 Unlawful to molest wires.

No person engaged in moving any house, building, derrick or other structure shall raise, cut or in any way interfere with any such poles or wires unless the persons or authorities owning or having control of the same shall refuse to do so after having been notified as required in Section 4-404 and then only by competent workmen as specified in Section 4-405. In such case the necessary and reasonable expense shall be paid by the owners of the poles and wires handled and the poles and wires shall be promptly replaced and the damages thereto promptly repaired.

(Code 1984)

4-407 Duty of building inspector.

It shall be the duty of the building inspector, from time to time, to inspect the progress of moving of any building, house or other structure and to see that the house, building or other structure is being moved in accordance with the provisions of this article.

(Code 1984)

4-408 Duty of mover.

It shall be the duty of any person, firm or corporation moving any of the structures mentioned in Section 4-401 to display red lanterns thereon in such a manner as to show the extreme height and width thereof from 30 minutes before sunset to 30 minutes after sunrise.

(Code 1984)

4-409 Mover; bond, insurance.

(a)It shall be the duty of any person at the time of making application for a permit as provided in Section 4-401 to execute in the favor of the city a good and sufficient surety bond indemnifying the city against any loss or damage suit resulting from the failure of such person to comply with the provisions of this article or from their negligence. The amount of the surety bond shall be determined by the governing body.

(b)In lieu of the bond requirement of subsection (a), the city clerk may, in his or her discretion, require any person, firm or corporation applying for a permit pursuant to this article to procure a liability insurance policy in the amount of $100,000 for the death or injury of any one person and $300,000 for the death or injury of any number of persons in any one accident and $50,000 for property damages in any one accident. Such insurance policies shall be issued by an insurance company authorized to do business in the State of Kansas.

(Code 1984)