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HomeMy WebLinkAbout043_House Moving_Buildings_Setting up_PermitsORDINANCE NUMBER 43 AN ORDINANCE REGULATING AND CONTROLLING THE MOVING OF STRUCTURES OR BUILDINGS WITHIN THE TOWN OF OWASSO, OKLAHOMA,; REQUIRING LICENSE TO ENGAGE IN SUCH MOVING OPERATIONS; PROVIDING FOR A BOND; DEFINING CONDITIONS OF BOND; REQUIRING PERMIT FOR MOVING; REQUIRING SAFETY MEASURES TO BE TAKEN, IN THE MOVING OF BUILDINGS OR STRUCTURES; PROHIBITING THE LEAVING OF ANY STRUCTURES OR BUILDING UPON A STREET OR PUBLIC POLACE; DECLARING A NUISANCE TO EXIST IN CERTAIN CASES; PROVIDING FOR ABATEMENT OF NUISANCE; PROVIDING FOR FIXING OF CALUATION OF STRUCTURES AND/OR BUILDINGS; PROHIBITING PLACING OF STRUCTURES AND/OR BUILDINGS OF VALUE LESS THAT ADJOINING IMPROVEMENTS; REFUSING WATER SERVICE IN CERTAIN CASES; SET-BACK LINE ESTABLISHED FOR PLACING OF MOVED BUILDING OR STRUCTURE UPON REAL PROPERTY WITH THE TOWN OF OWASSO; PROVIDING THAT IF ANY PORTION OF THIS ORDINANCE BE HELD INVALID THE REMAINING PORTIONS THEREOF SHALL NOT BE AFFECTED; PROVIDING PENALTIES FOR VIOLATIONS FOR VIOLATIONS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA: SECTION 1. License required to engage in house moving business. Every person, firm or corporation engaged in the business of moving buildings and/ or structures within the Town of Owasso, Oklahoma, shall obtain a license therefor from the Town Clerk, and no such license shall be granted until the party, firm or corporation intending to engage in such business shall have filed with said Town Clerk an application in writing, stating facts as required by this ordinance or by the Governing Body of the Town of Owasso, duly verified by oath, and such application shall futher give the bond required by the next succeeding section. Any person, firm or corporation in the occupation of house moving within the Town of Owasso, shall pay a license fee of FiveDollars ($5.00) per annum, payable on 2nd day of January of each year. SECTION 2. Bond. As a condition to issuing the license above, such house mover shall execute a bond to the Town of Owasso in the penal sum of One Thousand Dollars ($1,000.00), with a surety company authorized to do business in the State of Oklahoma as surety thereon, and such bond shall be for the benefit of Town of Owasso and any private person, firm or corporation sustaining damages as the result of moving a building and/or structure from one place to another in the Town of Owasso by such licensee. Any person, firm or corporation shall be entitled to sue thereon in his or its own name. Said bond shall be conditioned as the Board of Trustees of the Town of Owasso shall determine and shall be conditioned among other things, that if said license be granted the licensee will in all respects comply with the ordinances of the Town of Owasso relating to the moving of buildings and/or structures, an to the use use or obstruction of the strees, highways and other places of said Town, and such bond shall provide the licens will save, indemnify anf protect the city from all liability that may arise or be occasioed either directly or indirectly from the moving of the building or structure by such licensee, its agents, srvants, employees or sub-contractors, and be further conditioned that said licensee shall pay all damages which may be caused or occasioned to any person or to any property, either publice or private within the Town of Owasso by the licensee, his agents, servants or employees while engaged in any work in connection with the moving of any building or structure, including expense of moving, raising and/or replacing electric or telephoe lines, and any expense of repairing strees, sewers, or public utility lines or in the Town of Owasso, damaged through such moving of any building and/or Structure. SECTION 3. Permity required. No building or structure shall be moved from one place to another in the Town of Owasso, Oklahoma, untila permit is obtained from the Town Clerk fro such moving, for which the applicant shall pay a permit fee of Ten Dollars ($10.00). SECTION 4. Permit Application--Contents. No application for a permit to move any building or structure on, over, along or across any street, highway or public place in the Town of Owasso shall be granted to any person, firm or corporation thatn a licensed house mover who shall file or cause to be filed with the Town Clerk a written application, duly verified, for such permity, definitely stating in such application the following: (a) The type of building or structure to be moved. (b) A certificate of the County Assessor of Tulsa County, Oklahoma, showing that assesed value of such building and/or structures as reflected by the records of the County Assessor of Tulsa County, Oklahoma, at the location from which said building and/or structure is to be moved, such assessed valuation being for the proceding year. (c) The type of building or structure to be moved. (d) The present location and proposed new location by Lot, Block, Sub-division, or track of land, and street numbers, together iwht a survey, prpared by a licensed engineer or surveyor, or the property upon which the building and/or structure is to be located. (e) The approximate time such building will be upon the streets of the Town of Owasso, and the contemplated route that will be taken from present to new location. (f) A certificate of the County Assessor of Tulsa County, Oklahoma showing the assesed valuation of improvements in the Block to which such building and/ or structure is to be moved, togther with the assesed value of improvements on the property across the street from the proposed location of such building and/or structure. (g) A plan or drawing, describing the proposed position a building and/or structure shall be placed upon the real property to which same is to be moved, showing respective distance, in feet, from the boundary lines of such real property. SECTION 5. Relating Valuations. No building or structure shall be moved upon any real property in the Town of Owasso which is of less vaue that the average value of all property in the block in which such building and/or structure is to be located and across the street from such property, as defined in section fourt (4) of this ordinance, as reflected by the records of the County of Tulsa, Oklahoma, as by this ordinance provided. SECTION 6. TOWN CLERK MAY REFER TO BOARD OF TRUSTEES -- When. In the event a protest is filed with the Town Clerk, by any resident or property owner of the Town of Owassok objection to the moving or location of any house and/or structure proposed to be moved, as contemplated by this ordinance, or if in the opinion of the Town Clerk any provision of this ordinance would be violated, if the application should be granted, or that a proposed moving operation wouold be extreamly dangerous or impractival, or any other ordinance of the Town of Owasso, Oklahoma, would be vilated thereby, said Town Clerk shall refuse to issue a permit ad shall refer any application made for such permit to the Board of Trustees of said Town of Owassok and a hearing thereon shall be had before said board at the next regular board meeting; The Board of Trusttes, of the Town of Owasso, may, in its discretion, disallow such application so submitted to it, may require modifications to be made with relation to such proposed moving operations and grant such applications, with or without modification, unles to do so would result in a vilation of law or the ordinances of the Town of Owasso, Oklahoma; Whenever the said Board of Trustees shall lawfully approve such application, modified or as originally submitted by the applicant, the Town Clerk shall forthwith sign and isue a permit pursuant to such application. SECTION 7. Set-Back Line -- Water Service Denied, when. No permit for water taps shall be issued no water service supplied by the Town of Owasso for use upon any lot, lots or track of land in any case where a building or structure has been moved to and placed thereon within an area extending twenty(20) feet for any street-front property line of such lot, lots or track; provided, that where a leaser distance is established by a duly recorded ploat of such real property, as set-0back line, and where same is to established, no building shall be moved upon and permanetly ploaced upon such real propert closer to a property set-back line as indicated in such ploat; and, any existing water service to any such lot or track shall be discontinued by the Town of Owasso, until compliant with this section shall have been made. SECTION 8. Penalty for Failure to Obtain Moving license or Moving Permit. Any person, firm or forporatino moving or attempting to move any structure and/or building, without having first obtain a licens and/or permit as provided by this ordinance, shall be guilty of an offense, and upon conviction thereof shall be fined in a sum not les that Ten Dollars ($10.00) or more than Twenty Dollars ($20.00), including cost, and failure to obtain a license or failure to obtain a permit, as provided by this ordinance, shall be and constitute separate offenses. SECTION 9. Diligence Required. The work of moving any building or structure on, over, along or across any street, highwaqy or public place shall be begun within five (5) days after the issuance of a permit therefor, and once begun shall be prosecuted diligently and continuously day and night, Sundays and holidays included, so as not to allow said building or structure to come to a standstill until the same is located on its new site. SECTION 10. Moving Operations to be Continuous. It shall be unlawful for any person, firm or corporation, moving or having charge of moving operations, or for th owner of any structure of builing being moved, to permit such bulding or structure to remain still or standing in and upon any street, highway or public place in the Town of Owasso for a greater priod of time that egiht (8) hours in any one day; provided that proof of severe weather condidtions developing after moving operations had been commenced, rendering further process impossible, shall be a defense to a charge of violation of this section. SECTION 11. Nuisances and abatement, When Any structure and/or building remaining upon any street, highway or publc place in vilation of sectin number ten (10) of this ordinance, for more that two (2) consecutive days may be declared by the Board of Trustees of the Town of Owasso, Oklahoma, to be a nuisance, and be abated by said Town as other nuisances, and such building and/or structure may be removed and/or demolished and removed by order of the Board of Trustees of Owasso, and anyoe angaged in the moving of said building or structure shall be liable to the Town of Owasso for the payment of cost and expense incurred to remove or abate said nuisance; Provided that five (5) days written notice, signed by the Town Clerk or by the Town Marshall or Chief law enforemement officeer of the Town of Owasso, orby the Town Clerk upon order of the Board of Trustees of the Town of Owasso, of intention to eclare such building or structure a nuisance and to remove and/or demolish said building and/or structure and abate such uisance,k on or before a date stated in said notice, which notice shall be mailed to the owner of such building or structure, or mailed to or served upon any person, firm or corportation in charge of such moving operations. SECTION 12. Warning Lights Required. Every such building or structure which occupies any portion of public property after sundown shall have sufficient lights continously buring between sunset and sunrise for the protection of the public. There shall be a minimum of five (5) red lights placed on each street side of the building, and such red lights shall be attached to the building in such a sashin as to indicate extream with, height and size; there shall also be placed in addition to the red lights above required, flares at regular intervals for a distance of two hunbdred (200 ) feet in each direction on the street in which such building is situated; During any moving operatio, the licensee shall keep a watchman at all times about said building or structure for the purpose of keeping any posted lights burning at night and warning traffic with flags in the daytime. SECTION 13. Penalty Unless otherwise expressly provided for by this ordinance, every person convicted of a violation of any provision of this ordinance number 43, shall be punished by a fine not exceeding the sum of Twenty Dollars ($20.00), including costs. SECTION 14. Severability of Provisions. Provisions of this ordinance shall be severable, and in the event any word, phrase or section of this Ordinance shall be held invalid by any court of competet jurisdiction; the remaining words, phrases and sections, and the remaining portions thereof shall not be affected thereby. SECTION 15. Emergency. Whereas, it being immediately necessary, by reason of undesirable, uncontroled and dangerous activities exist in the moving of building and/or structures orver, on, upon and across, Oklahoma, for the preservation of the peace, health, property and safety of the Town of Owasso, Oklahoma, and the inhabitants thereof, that the proisions of this Ordinance be put into full force and affect, and an emergency is hereby declared to exits, by reason thereo of such moving activities and the existance of nuisances and conditions creating a hazard to health, property and safety, and by reason thereof, this ordinance shall take affect and be in full force from and after its passage, as provided by law. EMERGENCY CLAUSE votd upon spearately and passed by unanimous vote of the Board of Trustees this 16th day of Decmber, 1963, PASSED BY THE BOARD OF TRUSTEES of the Town of Owasso, Oklahoma, this 16th day of December, 1963. APPROVED by the President of the Board of Trustees of the Town of Owasso, Oklahoma, this 16th day of Decmeber, 1963. Wright ---------- of lawful age, being duly sworn and author- ized, is the ------- pja:L! she of The Collinsville News, a weekly news- paper printed in the English language, in the City of Collinsville, Tulsa County, Ok- lahoma, having a paid general subscription circulation in said County, with entrance into the United States mails as second class mail matter in Tulsa County, and published and printed in said County where delivered to the United States mail, that said news- paper has been continuously and uninter- ruptedly published in said County during a period of one-hundred four (104) con- secutive weeks immediately prior to the first publication of the attached notice, advertisement or publication; and that said newspaper comes within the requirements of Chapter 4 of Title 25, Oklahoma Sta- tutes 1951, as amended, and complies with all other requirements of the laws of Ok- lahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regu- lar edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: Decern7ber 19--{2-J- --------------------------- ZZ, _j The Col , iinsville News Subscribed and sworn to before me this --- day of ----------Deceinber ------------------- 19 2 My commission expires: :Notary cl�li e is es THE COLLINSVILLE NEWS Collinsville, Oklahoma STATE OF OKLAHOMA ss. COUNTY OF TULSA J John -P.- Wright of lawful age, 'being duly sworn and author- ized, is the - - - - -- L L ' S te '--- - - - - -- of The Collinsville News, a weekly news- paper printed in the English language, in the City of Collinsville, Tulsa County, Ok- lahoma, having a paid general subscription circulation in said County, with entrance into the United States mails as second class mail matter in Tulsa County, and published and printed in said County where delivered to the United States mail, that said news- paper has been continuously 'and uninter- ruptedly published in said County ,during a period of one- hundred four (104) con- secutive weeks immediately prior to the first publication of the attached notice, advertisement or publication; and that said newspaper comes within the requirements of Chapter 4 of Title 25, Oklahoma Sta- tutes 1951, as amended, and complies with all other requirements of the laws of Ok- lahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regu- lar edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: Decernbe -------- ----------- - - - - -- 19 - - - -- ------- -------------- - - - - -> 19 - - - -- 19 - - - -- 19 - - - -- ------------------- - - - - -- 19 - - - --