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"• ORDINANCE NO. 1982-106
AN ORDINANCE REGULATING THE MOVING OF BUILDINGS ALONG OR OVER THE
STREETS AND ALLEYS AND PRESCRIBING PENALTIES FOR VIOLATION.
Be it ordained by the Council of the City of Tiffin, Iowa:
SECTION 1. Purpose. The purpose of this Ordinance is to
provide for safe transport of houses over the streets of the City
of Tiffin. .
SECTION 2. Permit Required. It shall be unlawful to move
any" building, into, along, upon, or over any street or alley without
first obtaining a permit for that purpose from the city clerk.
SECTION 3. Application for Permit. Before issuing such
permit,- the person, firm, or corporation who is to move the building
or buildings, shall file the following with the city clerk: .
1. A written_ application which describes the building, and
states the location from which "it- is to be moved,, the streets and
alleys over which it will be moved, the location to which it is to
be moved, and the date on which it will be moved.
2. A bond to be executed to the municipality with good
and sufficient sureties in the sum of three thousand dollars,
($3, 000) conditioned for the payment of any damage for which the
municipality may be liable in consequence of the use of any street
or alley for moving the building; and the payment of any penalty
that may be incurred by such person, firm, or corporation or their
agents for violation of any of the provisions of this ordinance.
3. A liability insurance pol,icy issued by an insurance
company authorized to do. business in the state, protecting the
applicant and the city and its officials, providing for coverage
of fifty thousand dollars ($50,000. 00) for any property damage,
one hundred thousand dollars ($100,000.00) for injuries to any
one person, and three hundred thousand dollars ($300,000.00) for
injuries to all persons in any one accident, which policy may be
a blanket insurance policy covering all house moving for which
the applicant has obtained a permit. Such policy shall inure to
the benefit of the city and the city shall be named' insured therein
for the use and benefit of any person intended -:to be protected
thereby and shall be conditioned on the payment—of any damage to
public or private property and the payment of 'any. damages or losses
resulting from any malfeasance, misfeasance, nonfeasance, or
negligence in connection with any of the activities or conditions
upon which the permit applied for is granted.
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Ordinance No. 1015 ' f
City of Tiffin
Page 2
SECTION 4. Approval of City Engineer. Upon receipt of
an application for permit; the City Clerk shall forward the
application to the City Engineer who shall issue an opinion
approving or disapproving ;the application in writing stating the
reasons for the opinion. The cost of the Engineer' s opinion shall
be paid by the mover, and !the city may withhold this amount from
the bond filed under Section 3 (2) .
SECTION 5. Approval of City Council. After receipt of
the engineer's opinion the city council shall vote whether the
permit should be issued. IThe council's decision shall be based
on whether the house can be moved safely through the city's streets.
SECTION 6. Issuance of Permit. If the council approves
the application, the clerk shall immediately issue the permit., which
shall specify the time the building will be moved and the route
the mover can take in transporting the building.
SECTION 7. Responsibility of Mover. The person, firm, or
corporation to whom a permit for moving a building is granted shall
see that all telephone, telegraph, and. electric" light wires and poles
are removed when necessary and replaced in good order, and shall
be liable for the costs of the same. Where such electric, tele-
phone, or telegraph wires do not belong to the town, the holder of
the permit for moving a building shall give twenty-four hours
notice to the owner thereof .to remove such wires and the owner
of such wires may either remove or direct the removal and replacing
of such wires , the holder of the permit paying the reasonable costs
thereof. They shall also be liable for any damage to any pavement,
sidewalk, caused by moving such building. Any damage to any
municipal property not repaired shall be repaired by the munici-
pality and the cost thereof recovered from the house mover on his
bond.
SECTION 8. Street Commissioner' s Authorization to Remove
Standing Building.. Whenever any person, firm, or corporation,
moving a building along any street or alley, shall willfully or
negligently permit said building, while in transit, to remain
upon any street, alley, or sidewalk, the street commissioner is _
hereby authorized to remove the same to any. ptDint or place where
the same shall not obstruct travel or. inconvenience the public.
He shall keep an account of the expense of such removal and the
house mover shall be liable to the municipality on his bond and
for such expense.
SECTION 9. Standing Prohibited. It shall be unlawful to
allow any building for the removal of which a permit shall have
been obtained, to remain upon or occupy any street, alley, or
sidewalk after the expiration of the time as limited in the permit,
page 3 Ord. No. 106 •
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except as permitted by the council,-.which- permission shall only be granted
if reasonable cause exists for the permit holder failing to `remove the
• . building from the street,' alley, or sidewalk within the-time limit. .
SECTION 10. Compliance with State Law'. Anyone to whom a permit for >.
.. moving a-building is issued shall comply with all requirements of state laws
for moving oversized loads. '
SECTION 11. Penalty. Anyone violating any of .the provisions of.,,this . ,.
Ordinance shall, upon conviction, be subject to imprisonment not exceeding
thirty (30) days or to a fine not—exceeding one hundred dollars. ($100.00). r
Whenever the fine and costs imposed for the violation of this Ordinance are
not,paid, the person convicted may be- committed to `jail until the fine and
costs are paid, not to, exceed thirty (30) days. °...
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SECTION 12: Repealer. All ordinances-or parts of ordinances in conflict •
with-the provisions, of this ordinance are hereby repealed.
SECTION 13. Saving Clause. If any section, provision or part of this `
ordinance'shall be adjudged to be invalid or'unconstitutional, such adjudication
shall not affect the validity of the ordinance as a whole, or any section, 4.
provision or part thereof not adjudged `invalid or unconstitutional.
4.
SECTION 14. When Effective. This Ordinance shall be..in force and effect
from and after its passage and publication as provided by law.
The foregoing ordinance entitled AN ORDINANCE REGULATING THE MOVING OF
BUILDINGS ALONG OR OVER THE.STREETS AND ALLEYS AND PRESCRIBING PENALTIES
FOR' VIOLATION was published on the 12th ,day of August, 1982 by posting copies`
' thereof in 'three public places within the limits, two of which places are the `
T mayor's office and the post office. .
C/Oh M, 5d.
:3 ADELIA S. KERN, CLER-TREASURER •
Councilman Stevens introduced, the foregoing Ordinance which was then read and.
duly considered by the Council: Its adoption was moved by Councilman Cox 4
and seconded by Councilman Spivey.
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On roll call vote Councilman box, Brown, Spivey, Rohret, Stevens voted
"Aye" . voted "Nay" .
Whereupon the Mayor declared the.,motion carried. Council man Cox then moved ,, ,
that. the rule or law requiring three readings of this Ordinance on three
different dates be dispensed 'with. On roll
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call Councilman Cox; Brown, Spivey, Rohret Stevens -- y.
voted "Aye. " voted "Nay."
The mayor then declared this Ordinance duly passed and 4 .
adopted on this 11th day of August ' , 1982.
Posted in three places within - corporate limits of
Tiffin, Iowa. ..
/4)0.11:ATTEST: (2Cetha.d �� /%/�� L� •
CLERK, Adelia . Kern p.YOR1. James Brothe ton . .;
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' I, . Adelia' S. Kern, City C erk of Tiffin, Iowa, do hereby
: certify that '.the above is
, a true and correct copy of Ordinance
No. - 1982-106 .`.passed by the City Council of Tiffin, Iowa, at a •
regular meeting-held on .the; •1'1th;. d ay of Aug*ust , 1982,
as the same appears on record in my -office. - _ • •
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DATED this 11th day of :'7August' , 1982.
�° Y CLERK, Adelia S. rn
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- PERMIT TO MOVE BUILDING
The City of Tiffin hereby approves the request of
to move the building, described in his/her/its application for
permit. The building shall be moved between the hours of
. m. and . m. The building shall be
moved only on the following routes through the City of Tiffin:
CITY CLERK
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