Chapter 4 · Buildings and Construction

Article 4. Moving Buildings

Sections 4-401 to 4-410 · 10 sections

4-401 Building official; authority.

The mayor or his or her authorized designee shall be responsible for the administration and enforcement of this article.

(Code 1991)

4-402 Permit required; zoning compliance.

(a)No person, firm or corporation shall move, haul, or transport any house, building, derrick, or other structure of the height when loaded for movement of 16 feet or more from the surface of the highway, road, street or alley, or a width of 15 feet or more or which cannot be moved at a speed of four miles per hour or faster, upon, across or over any street, alley or sidewalk in this city without first obtaining a permit therefor.

(b)No structure shall be moved into the City, nor from one location to another location within the City, unless such structure shall, when relocated, be made to conform fully to the zoning regulations and other codes of the City including any building codes.

(K.S.A. 17-1914; Code 1984, 4-601; Code 1991; Code 2015)

4-403 Same; application for permit.

All applications for permits required under the provisions of this article shall be made in writing to the city clerk specifying the day and hour said moving is to commence and the route through the city’s streets over which the house, building, derrick or other structure shall be moved and stating whether it will be necessary to cut and move, raise, or in any way interfere with any wires, cables or other aerial equipment of any public or municipally-owned utility, and if so, the application shall also state the name of the public or municipally-owned utility, and the time and location that the applicant’s moving operations shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities.

(K.S.A. 17-1915; Code 1991)

4-404 Same; bond, insurance required.

(a)It shall be the duty of any person at the time of making application for a permit as provided in this article to give a good and sufficient surety bond to the city, to be approved by the governing body, indemnifying the city against any loss or damage resulting from the failure of any such person to comply with the provisions of this article or for any damage or injury caused in moving any such house or structure. The bond herein shall be in the sum of $5,000, or cash may be deposited in lieu of such surety bond.

(b)A public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of $100,000 per person, $300,000 per accident as to personal injury, and $50,000 property damage may be permitted in lieu of a bond.

(Code 1984, 4-608; Code 1991)

4-405 Same; fee.

Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay a fee for the use of the city crews and equipment to move the wires along the route.

(Code 1991)

4-406 Route; duties of building official.

The city clerk shall, upon filing of the above application, refer the same to the chief building official or his or her authorized designee to check the proposed route and determine if it is practical to move such house or other structure over the route proposed. If it shall appear that such route is not practical and another route may be used equally well with less danger to street and travel then he or she may designate such other route as the one to be used and shall notify the applicant of the same. The building official may also require the planking of any street, bridge or culvert or any part thereof to prevent damage thereto. It shall also be the duty of the chief building official or his or her authorized designee to inspect the progress of moving any house or other structure to see that the same is being moved in accordance with the provisions of this article.

(Code 1991)

4-407 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 1984, 4-602:603; Code 1991)

4-408 Duty of owners.

(a)It shall be the duty of the person or the city owning or operating such poles or wires after service of notice as provided herein, to furnish competent lineman or workmen to remove such poles, or raise or cut such wires as will be necessary to facilitate the moving of such house or structure. The necessary expense which is incurred thereby shall be paid by the holder of the moving permit.

(b)The owner of any wires, cables or other aerial equipment, after service of notice as provided in section 4-407, shall be liable to the permit holder for damages in an amount not to exceed $100 per day for each day the owner shall fail or refuse to accommodate the permit holder’s moving operations.

(K.S.A. 17-1917; Code 1984, 4-604; Code 1991)

4-409 Interfering with poles; wires.

It shall be unlawful for any person engaged in moving any house or other structure to raise, cut or in any way interfere with any wires or poles bearing wires or any other aerial equipment.

(K.S.A. 17-1918; Code 1984, 4-605; Code 1991)

4-410 Display of lanterns.

It shall be the duty of any person moving any of the structures mentioned in this article upon or across any street, alley or sidewalk or other public place, in this city, to display red lanterns thereon in such a manner as to show the extreme height and width thereof from 30 minutes after sunset to 30 minutes before sunrise.

(Code 1984, 4-607; Code 1991)