CHAPTER IV. BUILDINGS AND CONSTRUCTIONCHAPTER IV. BUILDINGS AND CONSTRUCTION\Article 2. Miscellaneous

Article 2. Miscellaneous

No person, firm, partnership, corporation, or other entity shall move, remove, haul or transport any permanent improvement or structure of the height of 10 feet or over, after having been placed in final position for moving, upon, across or over any street, alley, or sidewalk in the city; nor shall any person, firm, partnership, corporation, or other entity raze any structure of the height of 10 feet or over, without first obtaining a permit therefore.

(a)   APPLICATIONS FOR PERMIT. All application for permits required under the provisions of this article shall be made in writing to the city clerk stating the size and height of the building or other structure desired to be moved or raised, specifying the day and hour said moving or raising it so commence, the places from and to which it is to be moved, and the route through the city’s streets over which said house, building, derrick or other structure shall be moved. If it shall be necessary to cut or move, raise, or in any way interfere with any wires or poles, the application shall state the name of the owners of said wires or poles and the time and place when and where the removal of said wires or poles and where the removal of said poles or the cutting, raising or otherwise interfering with said wires will be necessary.

(b)   PERMIT FEE. Before a permit to move or raise any house, building, derrick, or other structure, is granted under the provisions of this article, the applicant for said permit shall pay to the city clerk the sum of $15 therefore, which shall be deposited to the credit of the general fund of the city.

(c)   CASH BOND, INSURANCE REQUIRED.

(1)   It shall be the duty of any applicant for a permit as provided in this article to give a good sufficient surety to the city, to be received and approved by the city clerk, indemnifying the city against any default in performance, loss or damage resulting from the failure of any applicant to comply with the provisions of this article or for any default in performance, damage, or injury caused in moving or raising any such house or structure.

(2)   A bond in the following type denomination must be paid or filed with the city clerk, prior to issuance of a permit, as follows:

(A)  For residential properties with fences or structures smaller than 450 square feet, a cash bond in the sum of $100 shall be paid or provided by the applicant;

(B)  For residential properties with structures larger than 450 square feet, a cash bond in the sum of $500 shall be paid or provided by the applicant;

(C)  Commercial and all other non-residential properties shall require that a cash bond or surety bond of 100% of the projected demolition cost shall be paid or provided by the applicant.

(3)   Any non-cash surety bond shall be issued solely through an insurance company authorized to do business in the State of Kansas.

(d)   NOTICE TO UTILITY SERVICES. Before a structure can be raised or removed the owner, applicant, or any agent shall notify all utilities having service connections within the structure such as water, electricity, gas, sewer, and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.

(e)   NOTICE TO ADJOINING OWNERS. Only when written notice has been given by the applicant to the owners of adjoining lots and to the owners of wired or other facilities, of which the temporary removal may be necessitated by the proposed work, shall a permit be granted from the removal of a building or structure. If work is not commenced within 6 months the permit will expire and a new permit will be required to remove a building or structure.

(f)   CONDITION OF LOT. Whenever a structure is raised or removed, the premises shall be:

(1)   All brick, stone, cement, foundations shall be removed from the premises and fill dirt inserted therein.

(2)   Maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restarting from established grades and the erection of the necessary retaining walls and fences.

(3)   The vacant lot shall be filled, graded and maintained in conformity to the established street grades at curb level within 90 days of the removal or rising of the building or structure. Upon written application the city council may grant on extension of 90 days.

(4)   The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which may endanger the life or health of the public.

(5)   Provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property.

(6)   All service utility connection shall be discontinued and capped in accordance with the approved rules and the requirements of the authoritative agency having jurisdiction. The sewer shall be plugged at the property line.

(7)   Any pavements, sidewalks, or curbing taken up or any and all excavations made by any company, business, corporation, or individual within the city shall be made and done in such manner as to give the least any inconvenience to the inhabitants of the city and the public generally. Companies, business, corporations and individuals shall, in the doing of the work in connection with its said pipes and services, avoid, so far as may be practical, interfering with the use of any street, alley, avenue, or other public thoroughfare; they shall at their own expense, and in a manner satisfactory to the duly authorized representatives of the city, replace all such pavements, sidewalks, curbing, excavations, or surfaces in as substantially good condition as before said work was commenced, with all convenient speed.

(8)   Each and every utility company, business, corporation, or individual utilizing the public right of ways, streets, alleys or public easements within the city, shall at all times make and keep full and complete plats, maps, and records showing the exact location of its facilities located within the public ways of the city.

(9)   Any company, business, corporation, or individual shall not place pedestals or other fixtures where the same will interfere with any gas, electric, cable TV or telephone fixtures, water hydrants or mains, and all such pedestals or other fixtures places in any street shall be places at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of lot abutting on said alley, and in such a manner as not to interfere with the usual travel in said streets, alleys, and public ways.

(Ord. 186; Ord. 311; Ord. 344; Code 2018)

(a)   Any pavements, sidewalks, or curbing taken up or any and all excavations made by any company, business, corporation, or individual within the city shall be made and done in such a manner as to give the least inconvenience to the inhabitants of the city and the public generally. Companies, businesses, corporations and individuals shall, in the doing of the work in connection with its said pipes and services, avoid, so far as may be practical, interfering with the use of any street, alley, avenue, or other public thoroughfare; they shall at their own expense, and in a manner satisfactory to the duly authorized representatives of the city, replace all such pavements, sidewalks, curbing, excavations, or surfaces in as substantially good condition as before said work was commenced, with all convenient speed.

(b)   Each company business, corporation, or individual shall at all times make and keep full and complete plats, maps, and records showing the exact location of its facilities located within the public ways of the city.

(c)   Any company, business, corporation, or individual shall not place pedestals or other fixtures where the same will interfere with any gas, electric, cable TV or telephone fixtures, water hydrants or mains, and all such pedestals or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways.

(Code 2018)

All residence and business buildings shall display street numbers at least 4 inches high in an appropriate place easily seen from the street. The number of each location to be obtained from the city governing body.

(Code 2018)

Any person, firm or corporation violating any provision of this article, or doing any of the acts or things prohibited by this chapter of failing or refusing to perform any duty imposed by the chapter shall, upon conviction thereof, be fined in any amount not to exceed $500, or be imprisoned for not to exceed 30 days, or be both so fined and imprisoned.

(Code 2018)