No person, firm or corporation shall move any house, building or other structure, except mobile home trailers which are exempt from the provisions hereof, having a height of more than 15 feet and a width of more than 12 feet, loaded on a mode of conveyance upon, across or through any street, alley or sidewalk in the city without first having obtained from the city clerk a permit so to do as hereinafter provided: Provided, That no permit shall be issued to move any building which, when loaded, shall extend more than 22 feet above the surface of the street to its highest point and which shall exceed 24 feet in width, unless and until the application therefor shall have been approved by the city manager.

(R.O. 1964, Sec. 19-501)

Applications for permits and fees for such shall be as follows:

(a)   All applications for permits move any house, building or other structure described above shall be made to the city clerk. Such applications shall give the following information:

(1)   Dimensions of the house, building or other structure;

(2)   The height at its highest point when loaded for moving;

(3)   Specify the day and hour the moving is to commence;

(4)   The place from which said structure is to be moved;

(5)   The place to which said structure is to be moved within the city;

(6)   The route over the city streets which said structure is proposed to be moved; and

(7)   If it be necessary to cut or move any poles, to raise, cut or in any way interfere with any wires or cables, to cut or trim any trees or to remove any street signs, the application shall state the name of the owner or owners of such poles, wires, cables or trees and shall also state where such cutting, moving or raising of said poles, cables, wires or trees will be necessary.

(b)   Such application shall be made not less than 35 days prior to the commencement of the moving and shall be accompanied by the following permit fees:

(1)   If said building or structure is over 12 feet, but less than 15 feet in width, the fee shall be $50;

(2)   If said building or structure is 15 feet in width or more, the fee shall be $100.

(Ord. 3596, Sec. 4)

(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 1988)

(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 20-503, 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 1988)

The city reserves the right, power and authority to prescribe and direct the route over which any house, building or structure is to be moved through the city and it shall be the duty of such officers and employees as may be designated by the city manager to inspect the progress of the moving of the building from time to time to see that the same is being moved in accordance with the provisions of this article.

(R.O. 1964, Sec. 19-504)

The police department is authorized, with the assistance of such other city departments as may be assisting during the course of moving any building, to dose off streets occupied by such building and to en route traffic; in the event it shall be necessary to leave any building being moved in the street during the nighttime it shall be the duty of the mover to display red lanterns and place barricades at either entrance of the block to which such building will be located during the nighttime, all under the supervision of the police or street department.

(R.O. 1964, Sec. 19-505)

Before a permit shall be issued to any person, firm or corporation, the applicant shall file with the city clerk a good and sufficient surety bond as provided by section 20-508 of this article, the same to be approved by the city attorney and city manager, respectively. Before such bond shall be released by the city clerk, officers of the city having charge of the moving shall determine the damage caused to the streets or property by such moving and other costs incurred incident thereto, and upon payment of the same such bond shall be released by the city clerk from liability under- the individual permit involved.

(R.O. 1964, Sec. 19-506)

The surety bonds required hereunder shall be in the penal sum of $2,000 in good and lawful money of the United States of America to be paid to the city, conditioned in such manner that the principal shall in all respects comply with the terms and conditions of this article and shall immediately indemnify the city against any and all loss, damage or liability which shall in any way be incidental to or grow out of the act of moving buildings or other structures upon, across or through the streets, alleys or sidewalks of the city by the principal, his or her agents or employees.

(Code 1975, 10-507)

Any person violating any of the provisions of this article shall upon conviction thereof, be fined in any sum not exceeding $100 or be imprisoned not to exceed 30 days or be both so fined and imprisoned.

(Code 1975, 20-508)