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Ordinance No. 922ORDINANCE NO. 922 AN ORDINANCE REGULATING THE BUSINESS OF HOUSE MOVING; REGULATING THE REMOVAL OF HOUSES; RE- QUIRING A PERMIT THEREFOR; REQUIRING A -BOND; PROVIDING PENALTIES OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN TWO HUNDRED DOLLARS; RE- PEALING THE APPLICATION OF SECTION 2204, SOU- THERN STANDARD BUILDING CODE, 1965, AS ADOPTED ON OCTOBER 26, 1967, BY THE CITY COUNCIL OF THE CITY OF BAYTOWN BY ORDINANCE NO. 896, AS WELL AS OTHER CONFLICTING ORDINANCES; CONTAINING A SEVE- RABILITY CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: Definitions. By the term "house ", as used in this article is meant any building or structure used or designed to be used for human habitation or occupancy in any manner or for any purpose. By the term "housemoving" is meant the transportation of a house from place to place along or across any public street within the corporate limits of the city. The term "street ", when used in this article, shall mean any part of the street, including the sidewalk area. Section 2: License to engage in housemoving required. It shall be unlawful for any person to move any house along or across any public street within the corporate limits of the city without being licensed to engage in the business of housemoving as provided herein. Section 3: Application for license. Any person de- siring to engage in the business of housemoving shall make application for a license to the City Clerk of the City of Baytown. Such application shall be in writing and shall contain the following: (a) The name of the applicant and his residence and business address. If a partnership or association, the ap- plication shall state the names of all partners, their residence addresses and the office address of the partnership or asso- ciation. If a corporation, the application shall state the names and residence adresses of all officers and directors and the principal office of the corporation. (b) That applicant (or officers, if applicant is a corporation) has read and thoroughly understood the terms of this article and agrees to abide by its terms in the busi- ness of housemoving. (c) The application shall be signed by the applicant, if an individual; by a partner, if a partnership; by the presi- dent, if an association or corporation. (d) Type of equipment to be used and the number of units. (e) Such other information as may be required by the City Clerk. Section 4: License fee; bond. The applicant shall pay a license fee of $10.00 a year. If application is made sub- sequent to January lst, the fee shall be reduced $2.50 for each entire quarter of the year which has expired. Simulta- neously, the applicant shall file with the city a bond executed by the applicant and by a good and sufficient corporate surety company, incorporated under the laws of the State of Texas, or otherwise authorized to do business in the State of Texas and having a fully paid -up capital stock of at least One Hundred Thousand Dollars, which said bond shall be in the sum of Two Thousand Five Hundred ($2,500.00) Dollars, conditioned that the principal obligor, if granted a license, will engage in the business of housemoving within the corporate limits of the city in strict accordance with the terms of this article and will pay to the city any and all damages to streets, curbs, gutters, water lines, fire hydrants and other public property occasioned in any manner by the principal obligor, will pay to the city as minimum liquidated damages the sum of fifty dollars per day for each day or part of day that any house being moved by said obligor shall remain on any street or part of a street in excess of the number of days shown in the permit -2- for moving such house issued to such licensee by the city. The said bond shall contain a provision that the parties recognize that the damages to the city occasioned by any house remaining on any street or part of a street in excess of the number of days shown in the permit will in all pro- bability be difficult of ascertainment and consequently that the amount agreed upon is the minimum amount of damages which the city will sustain in any event, but that the city shall not be prevented from proving and claiming any ascer- tainable amount in excess of such minimum sum. Such bond, while made payable to the city, shall also inure to the benefit of any person damaged or injured in any manner by the said principal obligor by reason of the moving of any house within the corporate limits of the city, except agents, servants or employees of said principal ob- ligor. The said bond shall contain a provision that it shall not be exhausted until recovery of the full amount of same shall be obtained. Section 5: Issuance of license; nontransferable; ex- piration and renewal. The City Clerk shall examine the ap- plication and bond and if he is satisfied that the same are in order and that the surety signing the bond is good and sufficient, he shall issue to the applicant a license to engage in the business of housemoving in the city. Such license shall be personal to the licensee, shall not be transferable and shall expire at midnight the following December 31st. Upon expiration, a license may be renewed upon filing an application, license fee and a new bond as in the case of original licenses. Section 6: Any licensee desiring to move any house shall, prior to beginning work, apply to the clerk of the Inspection Department for a permit, showing the present lo- cation of the house, the new location, the proposed route of moving, the size and type of construction the house and -3- such other information as the Inspection Department clerk may require. The following schedule of permit fees shall be applicable: Ground Space of Building Fee Not exceeding 400 square feet $ 5.00 401 to 700 square feet 10.00 701 to 1,000 square feet 15.00 Over 1,000 square feet 25.00 The permit fees herein provided for are in addition to the yearly license fee hereinbefore provided. The inspection Department clerk shall examine the application, and if it is in order, he shall issue the permit. The permit shall show: (a) The name of the licensee. (b) The present location of the house. (c) The proposed new location. (d) The route of moving, as approved by the Inspection Department clerk. (e) The exact date and time during which the house will occupy the street and sidewalk. (f) The time that the house is allowed to remain in the streets. (g) The size and type of construction of the house. (h) The receipt of the permit fee. (i) The permit issued to the licensee must be posted on the house to be moved. The acceptance by said licensee of said permit shall constitute a binding obligation and contract on said licensee's part to abide by and comply with the terms of said permit and of this article. The maximum time during which a house may legally re- main in a street, under a permit, shall be forty -eight hours. During the entire time that the house is occupying the street, or any portion of same, the licensee shall keep it continuously in motion toward its destination and shall not allow the work of moving to stop during such time. Section 7: Notice to Police Chief and Fire Chief of issuance of permit. -4- Immediately upon issuance of the permit, the Inspection Department shall notify the Chief of Police and the Chief of the Fire Department of the issuance of such permit. The licensee shall make all arrangements to hire necessary escorts personnel from the Chief of Police to escort the house to its destination or to the City limits. Section 8: Notice of completion; inspection of route; repair; certificate of facts and amount of damage. Whenever a licensee has completed the work of moving a house under a permit, and the house no longer occupies any part of the street, he shall promptly notify the Director of Public Works of such fact. The Director of Public Works shall cause an inspection to be made of the route of moving and the installation of the house. If he finds that the licensee has caused damage to the streets, curbs, gutters, sidewalks or other public property, he shall notify the licensee of such fact, specifying the da- mage by mailing to him a written notification at either of the addresses listed in the licensee's application. The licensee shall proceed within two days from the date of such notifi- cation to begin the work of repairing the damage, which work shall be promptly done and completed under the supervision of and to the entire and complete satisfaction of the Director of Public Works. In the event that the licensee fails to begin work in two days, or fails to continuously proceed therewith promptly and expeditiously or fails to complete it to the entire and complete satisfaction of the Director of Public Works, the said Director may promptly and at his discretion cause the damage to be repaired on behalf of the city. In such case, the Director of Public Works shall make and execute a cer- tificate, setting out the relevant facts pertaining to the transaction, and shall certify therein the amount of damage sustained by the city and shall file the said certificate with the Director of Finance of the city. The licensee by accepting -5- the permit heretofore provided for does thereby constitute and appoint the said Director of Public Works as his agent and representative with full power and authority to bind said licensee and his surety to prepare and file said certificate. Upon the filing of said certificate, the amount stated therein shall be and become a sum, liquidated and certain, owing to the city by the facts recited in said certificate and the amount of damage certified licensee and his surety in the absence of clear,convincing and unmistakable proof that the said Director has acted arbitrarily and without any evidence whatsoever of such facts. Section 9: Cuttinq down trees or branches. It shall be unlawful for any licensee engaged in moving a house to cut down any tree growing within any parkway or esplanade of a public street or to cut any branches therefrom without having first obtained permission from the Director of Public Works. Section 10: Disconnecting electricity,gas, water or telephone. It shall be unlawful for any licensee to disconnect any electric light and power connection, gas connection, water connection or telephone connection from any house which he proposes to move without the consent of the public utility owning such connection. Section 11: Removing or destroying polesor wires. It shall be unlawful for any licensee to remove, tear down or destroy any pole or wire or other property belonging to the city or to any electric light and power company, gas company, telephone or telegraph company or street railway company without the consent of such public utility or other person owning the same. Section 12: Compliance with building code. It shall be unlawful for any licensee to begin or complete the moving of any house onto any property in the city unless the perma- nent location and installation of such house on such property in all respects complies with the building code of the city. Section 13: Upon the completion of removal of a building from any lot or parcel of property in the City by the licensee of Baytown, the following site work must be performed/within fifteen (15) days from the removal of such building: (a) All materials must be removed from the property, to include, but not to be limi- ted to, lumber, pipe, trash, steps, piers and foundation blocks. All such objects must be removed so that nothing projects above ground level. (b) All holes and low places must be filled and levelled so that the property will properly drain . Section 14: Negating and proving exceptions. In any complaint or other legal proceeding brought for the enforcement of any provision of this ordinance, it shall not be necessary to negate any exception, excuse, proviso or ex- emption, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant. Section 15: Any person who violates any section hereof shall be fined not less than Fifty ($50.00) Dollars nor more than Two Hundred ($200.00) Dollars. Any licensee who moves any house upon any street within the corporate limits of the city without having obtained a permit as re- quired herein shall be fined not less than Fifty ($50.00) Dollars nor more than Two Hundred ($200.00) Dollars. Section 16: Section 2204, Southern Standard Build- ing Code, as adopted on October 26, 1967, by the City Council by Ordinance No. 896 is hereby repealed, and shall cease to have force and effect from and after the effective date of this ordinance. All other ordinances and parts of ordinances incon- sistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent -7- of such inconsistency and in all other respects this or- dinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 17: If any section or provisions, or parts thereof in this ordinance shall be adjudged invalid or un- constitutional, such invalidity or unconstitutionality shall not affect the validity of the ordinance as a whole or of any other section or provision or part thereof. Section 18: This ordinance shall take effect from and after ten days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice prior to the effective date hereof. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this the �- day of , 1968. 't Seaborn Cravey, Mayor ATTEST: Edna Oliver, City Clerk APPROVED: William R. Laughlin, City Attorney