Article 2. Building Moving and Demolition

§9-201   Falls City Code   §9-203

Article 2. Building Moving and Demolition

§9-201 BUILDING MOVING; REGULATIONS.  It shall be unlawful for any person, firm, or corporation to move or dismantle any building or structure within the Municipality without a written permit to do so.  Application may be made to the Municipal Clerk, and shall include the location of the building to be moved or dismantled, the proposed route, the equipment to be used, and such other information as the Governing Body may require.  The application shall be accompanied by a certificate issued by the County Treasurer to the effect that all the provisions regulating the moving or demolition of buildings have been complied with on the part of the owner of the real estate upon which the said building is presently located.  The Municipal Clerk shall refer the said application to the Governing Body for approval of the proposed route over which the said building is to be moved.  Upon approval of the Governing Body, the Municipal Clerk shall then issue the said permit; provided, that a good and sufficient corporate surety bond, certified check, or cash in an amount set by motion of the Governing Body, but in no event less than five thousand ($5,000.00) dollars  with is filed the Municipal Clerk prior to the granting of any permit.  The surety bond, cashier's check of cash shall be conditioned upon moving or dismantling said building without doing damage to any private or Municipal property, compliance with all municipal ordinances in completing the work, payment of all charges in connection with said work and proper restoration of the premises.  Said permit will be valid for a period of sixty (60) days from the date of its issuance and a new permit will be required for any moving or dismantling after said date of termination.  In the event it will be necessary for the licensed building mover to interfere with the telephone of telegraph poles and wires, or a gas line, the company or companies owning, using, or operating the said poles, wires, or line shall upon proper notice of at least twenty-four (24) hours, be present and assist by disconnecting the said poles, wires, or line relative to the building moving operation.  The applicant in such case shall first present to the Municipal Clerk a written statement signed by the Utilities Superintendent, the Municipal Engineer and the local agent of the company whose wires, poles, or fixtures may be affected or disturbed setting forth the estimated expense incident to the necessary changing, cutting, removing, raising, lowering, or handling of such wires, poles, or fixtures in the instance of such person or company so affected.  All expense of the said disconnection, removal, or related work shall be paid in advance by the licensee unless such disconnection or work is furnished on different terms as provided in the said company's franchise.  Whenever the moving or dismantling of any building necessitates interference with a water main, sewer main pipes, or wire, notice in writing of the time and route of the said building moving operation or dismantling operation shall be given to the various officials in charge of the Municipal utility departments who shall proceed in behalf of the Municipality and at the expense of the mover or dismantler to make such disconnections and do such work as is necessary.  All such connections must be capped and sealed and meet the approval of the Building Inspector and Utilities Superintendent.  Upon finding that all requirements have been complied with, the Municipal Clerk shall then issue a written permit for the move and dismantling specified and shall collect the permit fee set by resolution of the Governing Body and on file at the office of the Clerk.  Such fee shall immediately be deposited in the General Fund.  Nothing herein shall be construed to preclude recovery from the owner of the building or structure so moved or from the person moving the same of any and all damages that may be caused in excess of the amount estimated and deposited.  (Ref.  17-142 RS Neb.)           

§9-202 BUILDING MOVING AND DEMOLITION; RESTORATION OF PREMISES.  Following the removal or demolition of any building within the Municipality all basements and foundations shall be filled to grade and all sewer lines and water lines or portions thereof capped unless a building permit is issued within sixty (60) days.  Any bond required of the building mover or demolitioner shall not be returned until said work is complete or new construction has commenced unless the owner of the premises posts a bond, cash or certified check of equal amount.  The owner of the premise may apply to the Mayor and City Council for an extension to the commencement of construction for up to an additional six months but only upon the filing of a replacement bond, cash or certified check or with the written consent of the building mover or demolisher to hold his funds during the six month period.  The granting of such extension shall be at the sole discretion of the Mayor and City Council.  During any period in which a basement is allowed to remain unfilled without construction the owner shall erect a solid fence of at least 48 inches in height around said basement.  (Ref.  17-142 RS Neb.)

§9-203 BUILDING MOVING AND DEMOLITION; RETURN OF DEPOSIT.  At such time as the building moving or dismantling has been completed, the Municipal Police or Engineer shall inspect the premise and report to the Municipal Clerk as to the extent of damages, if any, resulting from the said relocation or dismantling, whether any Municipal ordinances have been violated during the said operation, and whether all basements and foundations have been filled to grade and all sewer and water lines capped.  Upon a satisfactory report from the Municipal Police or Engineer, the Municipal Clerk shall return the corporate surely bond, cash, or certified check deposited by the applicant.  In the event damages have been incurred or additional work is needed, the Governing Body may apply the money or cashier's check deposited for the purpose of defraying the expense of correcting the said conditions or may proceed against the bond.  If the expense of correcting the condition is greater that the amount of the deposit set by resolution of the Governing Body, as required herein, the Governing Body may recover such excess expense by civil suit or otherwise as prescribed by law.  (Ref.  17-142 RS Neb.)    


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