Ord G-413(32-61) OR~INAi~E NO. G-413.
AN ORDINANCE REGULATING THE MOVING OF
BUILDINGS OVER, ALONG OR ACROSS HIGHWAYS,
STREETS AND ALLEYS IN THE CITY OF DELRAY
BEACH, FLORIDA; PROVIDING FOR PROTECTION
TO THE CITY FROM DANAGES ARISING OUT OF
SUCH OPERATION~ AUTHORIZING THE CITY
BUILDING INSPECTOR TO ISSUE PER}.~ITS$ PRO-
VIDING FOR ENFORCEI~ENT; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF ITS PRO-
VISIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
SECTION 1. Pe~rmi~ Reauired. No person, firm or cor-
poration of any kind shall move any building over, along or
across any highway, street or alley in the City of Delray Beach,
without first obtaining a permit from the Building Inspector.
No building shall be moved within the City except by a duly li-
censed House Mover.
SECTION 2. ~. A person seeking issuance
of a permit hereunder shall file an application for such permit
with the Building Inspector of the City of Delray Beach.
(a) F__qr~__m. The application shall be made in writing,
upon forms provided by the Building Inspector, and shall be
filed in the office of the Building Inspector.
(b) ~Dn~ents. The application shall set forth:
(1) A description of the building proposed to be
moved, giving street number, construction ma-
terials, dimensions, number of rooms and con-
dition of exterior and interior;
(2) A full legal description of the lot from which
the building is to be moved;
(3) A full legal description of the lot to which
it is proposed such building be removed, if
located with the City;
(4) The portion of the lot to be occupied by the
building when moved;
(5) The highways, streets and alleys over, along
or across which the building is proposed to
be moved;
(6) Proposed moving date and hours;
(7) Any additional information which the Building
Inspector shall find necessary to a fair de-
termination of whether a permit should issue.
(c) Accompanying. Pap?rs. The applicant shall submit
written evidence of-his ownership of the building; or if the ap-
plicant is other than the owner, written evidence of his right
and authority that he is entitled to move the building.
(d) Fee. The application shall be accompanied by a
fee in the amoun'~-of $25.00, which fee shall be non-refundable.
(e) Anorovi~ A,encies. The application must have the
written approval of the propOSed movxng endorsed thereon of the
Florida Power and Liqht Company, the Southern Bell Telephone and
Telegraph Company, the Police Department of the City of Delray
Beach, any railroad where applicable, and of any other public
utility ~olding a franchise in the City which may be damaged by
such moving. Said approval must be secured prior to the actual
- I '
moving of the structure over, along or across any highway,
street, alley or other rights of way within the City of Delray
Bea ch.
SECTION 3. General DeD~osit. An application hereunder
shall be accompanied bY a' cas~{ d~posit in the sum of $$,000.00,
as an indemnity for any damage which the City may sustain by rea-
son of damage or injury to any highway, street or alley, sidewalk,
fire-hydrant, or other property of the City, which may be caused
by or be incidental to the removal of any building over, along
or across any highway, street, alley or other rights of way
within the City of Delray Beach, and to indemnify the City against
any claims of damages to persons or private property, and to sat-
isfy any claims by private individuals arising out of, caused by
or incidental to the moving of any building over, along, or across
any street in the City.
(a) Bond in Li~uof ~DeDo~sit. Any person filing an
plication hereunder may, in lieu of the general cash deposit re-
quired above, file with the Building Inspector a bond, approved
as to form by the City Manager, executed by a bonding or surety
company authorized to do business in the State of Florida in the
amount of ~$,000.00, conditioned upon the assurance that this and
other applicable ordinances and laws will be complied with. Suck
bond shall run to the City for the use and benefit of any person
or persons intended to be protected thereby and shall be condi-
tioned on the payment of any damage to public or private property
and the payment for any damages or losses resulting from any mal-
feasance, misfeasance, or nonfeasance or negligence in connection
with any of the activities or conditions upon which the permit
applied for is granted.
(b) .I_nsuranc9 Policy iD Li.eu. of Deposit. Any person
filing an appliCatiOn here~der may, in iieu of the general cash
deposit required above, file with the Building Inspector a lia-
bility insurance policy, issued by an insurance company author-
ized to do business in the State of Florida, and approved as to
form by the City i~anager, in the same amount and providing the
same protection as would be required for a bond hereunder.
SECTION 4. Duties of Bui!dino....Inspector.
(a) Inspection. The Building Inspector shall inspect
the building an~-~he ~pplicant's equipment (or that of his mover)
to determine whether the standards for issuance of a permit are met.
(b) Standards,.. of Issuance. The Building Inspector shall
refuse to issue a permit if he finds:
(1) That any application requirement or any fee or
deposit requirement has not been complied with;
(9.) That the building is too large to move without
endangering persons or ~roperty in the City;
(8) That the building is in such a state of deteriora-
tion or disrepair or is otherwise so structurally
unsafe that it could not be moved without endanger-
ing persons and property in the City;
(4) That the building is structurally unsafe or .unfit
for the purpose for which moved, if the removal
location is in the City;
($) That the applicant's equipment is unsafe, and that
persons and property would be endangered by its use;
(6) That the zoning, building, electrical, plumbing,
minimum housing standards, and other applicable
ordinances would be violated by the building in its
new location;
(7) That for any other proper reason persons or proper-
~y in the City would be endangered by the moving
of the building.
SECTION $. _Fees and De. posi_t.
(a) Deoosi. t. The Building Inspector shall deposit all
fees and deposi, ts, and all bonds or insurance policies with the
City Clerk and~or City Treasurer.
(b) Return upon_Non._-is.suance. Upon his refusal to is-
sue a pern~it the BuildiH~ ~['hsPectOr shall return to the applicant
all deposits, bonds and insurance policies. Permit fees filed with
the application shall not Be returned.
(c) After the Building has been removed, the Building
Inspector shall furnish the City ~nager with a written statement
of all expenses incurred in connection therewith together with a
statement of all damage caused to or inflicted upon City property.
The City ~anager shall authorize the Building Inspector to return
to the applicant all deposits after the City Treasurer deducts
the sum sufficient to pay for all of the costs and expenses and
for all damage done to property of the City by reason of the re-
moval of the building. Permit fees deposited with the application
shall not be returned.
SECTION 6. Du..t. ies of Permittee. Every permittee under
this ordinance shall:
(a) ~ove a building only over streets designated for
such use by the Police Department of the City.
(b) Notify the Building Inspector in writing of a de-
sired change in movinq date and hours as proposed in the application.
(c) Notify the Building Inspector in writing of any and
all damage done to property belonging to the City within ~,4 hours
after the damage or injury has occurred.
(d) Comply with the Building Code, the fire zones or
district regulations, the zoning ordinance, minimum housing stand-
ards, and all other applicable ordinances and laws.
(e) Pay the expenses incurred by the City, including
the expense of a traffic officer ordered to accompany the movement
of the building to protect the public from injury, if deemed neces-
sary.
(f) Remove all rubbish and materials and fill all exca-
vations to existing grade at the original building site so that the
premises are left in a safe and sanitary condition.
(g) See that all utilities servicing the vacated premises
are terminated.
SECTION 7. Enforcement. The Building Inspector and the
Police Department shall'"en~orbe'"and carry out the requirements of
this ordinance.
SECTION 8. Penalties. Any person, firm or corporation
violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction shall be punished as
provided in Section 1-6 of the Code of Ordinances of the City of
Delray Beach, Florida.
SECTION 9. Se_v. era.b.ilitv. If any section, subsection,
sentence, clause, phrase or portion of this ordinance is for any
reason held invalid, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not
affect the validity of the remaining portions hereof.
' 3 -
SECTION.lO. Re~oeal. Al.1 ordinances and R~rts of or-
dinances in conflict wiTh--TT~ provisions of this ordinance are
hereby repealed.
PASSED AND ADOPTED in regular session on second and
final reading this 23rd day of , ,October, ...... , 1961.
~ ~Ii% Y OR
ATTEST:
1st Reading
2nd Reading
Affidavit of Publication
THE DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach 4:ounfy, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
appeared ":'~:~~d-:-'~ ...............
wh n oath ,says that ~ ~ is/.~./..~,
News-Journal, a weekly newspaper published at
Delray Beach in Palm Beach County, Florida; that
the attache~opy of, adve~isement, being
/ / '
in the ................................................................... CouP,
was publish~ in said newspaper in the issue (s)
~fiant further says that the said Delray Beach
News-Journal is a newspaper published at Delray
Beach, in said Palm Beach Coun, ty, Florida, and
t~at the mid newspaper has heretofore been eon-
tinuously published in said Palm Beach County,
Florida, each Thursday and has been entered as
second class mail matter at the ~st office in
Delray Beach, in said Palm Beach Caunty, Flor-
ida, for a period of one year next preceding the
first publie.ation of the attached copy o~ver-
fisemen{; and affiant further says that ...~..
has neither ~id nor promised any person, firm
or eo~oration any discount, re~te, eommi~ion
or refund for the purpose oJ~se~u~ng this adver-
tisement for publication ~----t~ said new~p~.
Sworn to and subscribed before me this
(SE~) ~ ~ ~ ru~uc
otar~ublic,e~~e of Flor/da at Large
~y
~mmissi~ExpJres Nov. 6, [964