Ordinance 1974-53 FHD:GKH
AN ORDINANCE OF THE UNITED CITY OF THE
VILLAGE OF YORKVILLE, KENDALL COUNTY,
ILLINOIS GOVERNING THE MOVING OF
BUILDINGS
WHEREAS, it has been considered by the City
Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE
to govern the moving of buildings within the said UNITED
CITY OF THE VILLAGE OF YORKVILLE; and
WHEREAS, it is considered to be in the best
interests of the public safety that the moving of buildings
within the said City be governed.
NOW THEREFORE, IT IS ORDAINED by the UNITED
CITY OF THE VILLAGE OF YORKVILLE that the moving of buildings
within the said City be governed as follows :
Section l: Permit required. It shall be unlawful
for any person to move or cause to be moved any building
in, into, through or from the said City without first obtaining
a permit therefor from the Building Inspector of the UNITED
CITY OF THE VILLAGE OF YORKVILLE. Such permit shall be
known as a "house moving permit. "
Section 2 : Application for permit. Any person
desiring such a permit shall file with the said Building
Inspector an application therefor in writing on a form
to be furnished by the City for that purpose. Such application
shall specify the following:
(a) The character and size of the building to
be moved;
(b) The reason for such moving;
(c) The use, purpose and occupancy for which said
hii i_l ding or i_s to be used;
(d) The location from which and to which said
-W4023
building is to be moved;
(e) A plot plan showing the proposed location
of the building upon the property to which said building
is to be moved, provided said location is in the City;
(f) The streets on, over or through which it is
desired to move said building; and
(g) Whether the building conforms to the zoning
laws in the location to which it is to be moved.
Section 3 : Investigation. Upon the filing of
the application, the said Building Inspector shall cause
the building to be investigated.
Section 4 : Denial of permit. No permit shall
be issued to move any building or structure which, in the
opinion of the said Building Inspector:
(a) Is so constructed or in such condition as
to be dangerous ;
(b) Is infested with pests or insanitary;
(c) If it is a dwelling or habitation, is unfit
for human habitation;
(d) Is so dilapidated, defective, unsightly or
in such a condition of deterioration or disrepair
that its relocation at the proposed site would cause
appreciable harm to or be materially detrimental to
the property or improvements in the district within
a radius of 1,000 feet from the proposed site;
(e) If the proposed use is prohibited by the
zoning laws of the said City;
(f) If the structure is of a type prohibited at
the proposed location by any Ordinance of the said
City; or
(g) If the moving of the building or structure
causes unreasonable damage to the trees , plants and
shrubs on and along the public streets .
-2-
Provided, however, that if the condition of the building
or structure, in the judgment of the said Building Inspector,
admits of practicable and effective repair, the permit
may be issued upon the terms and conditions as set forth
herein.
Section 5 : Terms and conditions of permit.
When a house moving permit is granted, such terms and conditions
as may be deemed reasonable and proper may be imposed, including
but not limited to, the public streets or other public
property in the said City on, over or through which the
building or structure shall be moved, and the requirements
of changes, alterations , additions or repairs to be made
to or upon the building or structure, to the end that the
relocation thereof will not be materially detrimental or
injurious to public safety or to public welfare or to the
property and improvements, or either, in the district to
which it is to be moved.
Such terms and conditions shall be written upon
the permit or appended in writing thereto.
Section 6 : Estimate of cost and deposit. The
applicant shall also deposit with the City Clerk a cash
deposit sufficient to cover the cost to the City, as estimated
by the said Building Inspector, of trimming, moving, removing
or replanting trees or shrubs and of moving, removing or
displacing any pole or other structure supporting any wires ,
cables or other equipment belonging to the said City or
the cutting, displacing or changing the location of any
wire, cable or other equipment upon said poles or structures
belonging to the said City.
Section 7 : Liability insurance. Every person
moving a building in the said City shall file with the City
Clerk a liability insurance policy issued by a solvent
corporation holding a Certificate of Authority to do insurance
business in the State, which policy shall conform in all
-3-
respects to the requirements of this Section.
In lieu of filing the insurance policy herein
referred to, a Certificate of Insurance issued by an insurance
corporation may be filed. The Certificate must show that
a policy meeting the requirements of this Section has been
issued and shall set forth the expiration date of said
policy.
The liability policy required under this Section
shall insure the person moving a building against loss from
the liability imposed by law for injury to or death of any
person or damage to any property growing out of the moving
of such building, to the amount or limit of $50 , 000. 00
exclusive of interest and costs , on account of injury to
or death of any one person, and subject to the same limit
as respects injury to or death of one person, of $100 , 000 . 00
exclusive of interest and costs , on account of moving any
one building resulting in injury to or death of more than
one person, and of $25, 000 . 00 for damage to property of
others resulting from moving any one building.
Section 8 : owner' s completion bond or savings
and loan certificate and share. Prior to the issuance
of a permit to move a building, the owner or lessee of the
property upon which the building is to be located shall
file with the said Building Inspector a corporate surety
bond, conditioned as follows : That all of the work required
to be done to complete the relocation, alteration and reconstruction
of the building pursuant to the conditions of the said permit
shall be fully performed and completed within a reasonable
time, to be specified by the said Building Inspector in
the permit. Such bond shall be in a principal amount equal
to the estimated cost of the work proposed to be done plus
ten per cent thereof, ,shall name the City as obligee, and
shall be in a form approved by the City Attorney.
-4-
In lieu of furnishing such a corporate surety
bond, the owner or lessee may post a cash deposit in the
amount of said bond.
An extension of time for said completion may be
granted in writing by the said Building Inspector when,
in his discretion, circumstances shall so justify, but
no such extension shall release any surety or other security.
Section 9 : Clearance of site and safety measures
required. Prior to the issuance of a permit to move a
building, the owner or lessee of the property from which
the building is to be moved shall file with the City Clerk
a bond or other form of security in favor of the City,
conditioned as follows :
(a) Before any work is started on a building
or structure , the permittee or his authorized agent shall
notify the appropriate utilities in order that all gas ,
water and oil pipelines that are to be disconnected from
the building may be securely capped and sealed.
(b) Immediately after the moving of any building
or structure, the permittee or his authorized agent shall
securely barricade all basement excavations and other
holes or openings.
(c) Within ten days after the moving of any
building or structure, the permittee or his authorized agent
shall complete the following work:
(1) Securely close and seal any sanitary piping
located on the property.
(2) Fill with dirt or sand any septic tanks
or cesspools located on the property.
(3) Fill any openings , excavations or basements
remaining on the land with dirt or sand to street
level or the natural level of adjoining property,
unless otherwise directed by the said Building Inspector.
-5-
(4) Remove any buried underground tanks formerly
used for storage of flammable liquids.
(5) Remove all refuse, debris and waste materials
from the property.
The bond required by this Section shall be in
an amount equal to the cost of the work proposed to be
done, as estimated by the said Building Inspector.
The bond may be in the form of a corporate surety
bond, cash deposit, savings and loan certificate, or an
instrument of credit.
An extension of time for completion of the work
required by this Section may be granted by the said Building
Inspector, when, in his discretion, circumstances justify
such an extension, but no such extension shall release any
bond or other security furnished pursuant to this Section.
Section 10 : Inspection fee and permit fee.
An inspection fee in the sum of $20 . 00 shall be paid to
the Treasurer of the UNITED CITY OF THE VILLAGE OF YORKVILLE
upon the filing of each application for a house moving
permit.
A permit fee in the sum of $5. 00 shall be paid
to the said Treasurer upon the issuance of each house moving
permit.
Section 11: Issuance of permit. The said Building
Inspector shall approve the issuance of a house moving
permit when all the necessary requirements and conditions
of this article have been complied with. It then shall
be the duty of the City Clerk to issue the permit.
Section 12 : Suspension or revocation of permit.
The said Building Inspector, at any time, for sufficient
cause may revoke or suspend any permit granted under this
article.
Section 13 : Control and Supervision. Every
-6-
building which is moved on, over or through any public
street, way or park in the said City shall be under the
control of the said Building Inspector, and every such
building shall be moved in a careful manner and the work
shall be prosecuted with diligence and to the satisfaction
and approval of said Building Inspector. This Section
in no way relieves the person having charge of the moving
of any building of his obligation to furnish proper supervision.
Section 14 : Notice required. Notice must be given
by the person to whom the permit is issued, or his representative,
to both the Department of Public Works and the Police Department
of the said City not less than 36 hours nor more than 48
hours before the actual work of moving a building or structure
is to commence.
Section 15 : Default in performance of conditions.
Whenever a default has occurred in the performance of any
term or condition of any permit, written notice thereof
shall be given to the permittee by the said Building Inspector,
said notice to state the work to be done, the estimated
cost thereof and the period of time deemed to be reasonably
necessary to complete such work. After receipt of such
notice, the permittee must, within the time therein specified,
either cause the work to be done or pay over to the City
Clerk of the said City the estimated cost of doing the work,
as set forth in the notice, plus ten per cent of said estimated
cost. Upon receipt of the notice from the City Clerk that
the permittee has deposited such money, the said Building
Inspector shall cause the required work to be performed
and completed.
If the permittee defaults, the City shall have
the option, in lieu of completing the work required, to
demolish the building or structure and to clear, clean
and restore the site or sites.
-7-
Section 16 : Approval of route. The streets over
which any building or structure is to be moved must be approved
by the Building Inspector and the Chief of Police.
Section 17 : Obstructing streets. No person owning
or having charge of the moving of any building into, on,
over, through or from any public streets , ways or parks
in the City shall permit said building to remain in any
one location on any such street, way or park for a period
longer than 24 hours, except by written permission obtained
from the Chief of Police, or to obstruct traffic on any
railroad.
Section 18 : Lights and barricades . The person
having charge of the moving of any structure shall maintain
proper lights and barricades wheneversuch structure is on
any public street, way or park during the hours of darkness.
Section 19 : Wires and structural supports . In
the event that the moving of any building for which a permit
shall have been granted hereunder makes it necessary to move,
remove or displace any pole or other structure supporting
the wires , cables or other equipment of any public utility
or of the City, or to cut, displace or change the location
of any wire, cable or other equipment upon said pole or structure,
the person to whom such permit has been granted, or his authorized
representative, shall obtain permission in writing from the
owner or owners of such pole, structure or the wires , cables
or other equipment thereon, and shall notify such owner or
owners at least 48 hours prior to the time that the moving
of such building will necessitate the removal of such obstructions .
The person to whom said permit is granted shall
not, at the expiration of said time of notice or at any
time, cut, move or in any way disturb such public utility
or City property, and such work shall be done only by the
authorized workmen of the utility or the City, whichever
is the owner.
-8-
y
The person to whom said permit is granted shall
pay to said public utility or to said City, as the case
may be, any and all costs or expenses for the removal,
rearrangement or replacement of any pole or structural
support of wires , cables or equipment thereon or of any
damage to such property.
Section 20 : Trees , plants and shrubs . In the
event that the moving of any building for which a permit
shall have been granted hereunder makes it necessary to trim,
move, remove or replant any tree, plant or shrub belonging
to or under the control of the City, the person to whom
such permit has been granted, or his authorized representative,
shall notify the Building Inspector at least 48 hours prior
to the time that the moving of such building will necessitate
the removal of such obstructions.
The person to whom said permit is granted shall
not, at the expiration of said time of notice or at any
time, trim, move, remove, replant or otherwise disturb such
trees , plants or shrubs, and such work shall be done only
by the authorized workmen of the City, unless otherwise
approved and so ordered by the said Building Inspector.
The person to whom said permit is granted shall
pay to said City any and all costs or expenses for the trimming,
moving, removing or replanting of any trees , plants or shrubs
or of any damage thereto.
Section 21: Repairs to public property. In the
event that the moving of any building for which a permit
shall have been granted hereunder causes damage to the public
streets or other public property, in addition to any other
remedies the City may have, the Building Inspector may cause
such damage to be repaired, and the cost thereof shall be
deducted from the deposit required herein, or he may require
the person to whom such a permit has been granted, or his
authorized representative, upon written notification from
-9-
s
the said Building Inspector, to make all necessary repairs
to such streets or property; provided, however, that should
said person to whom said permit has been granted and to whom
said notice has been given, or his authorized representative,
fail to make said necessary repairs within the period of
time designated in said written notice, said Building Inspector
may cause such necessary repairs to be made and the cost
thereof deducted from the deposit required herein.
Section 22 : Refunding of deposits. When the
moving of any building for which a permit has been granted
is completed, and all damage to public streets or other
public property has been repaired to the satisfaction of
the said Building Inspector, and all costs of repairing damage
or performing other work as provided herein have been paid,
and the deposit as required by Section 6 hereof, or such portion
thereof then remaining unused under the provisions of this
article shall be refunded upon surrender of the deposit
receipt representing the said money so deposited. Should
the cost, however, of repairing damages and/or performing
other work as in this article provided exceed the total amount
of money deposited, the person to whom said permit was granted
shall be held liable for the amount of damage and/or other
costs which are in excess of the amount deposited, and it shall
be the duty of the City Clerk, upon receipt of the request
from the said Building Inspector, to collect such part of
the claim which is in excess of the deposit from the person
to whom the permit was granted.
Section 23 : Enforcement. It is hereby made the
duty of the Chief of Police, the Building Inspector, and all
Police Officers of the UNITED CITY OF THE VILLAGE OF YORKVILLE
to take notice of any buildings being moved within the said
City and to arrest any person or persons engaged in the moving
of said buildings unless he shall, on demand, exhibit a
written permit for the same, duly issued in accordance with
-10-
� t
the provisions of this article, and any such person violating
any of the provisions of this Ordinance shall be deemed
guilty of a misdemeanor.
Section 24 : Repeal of Previous Ordinances.
This Ordinance shall repeal all other Ordinances or Resolutions
of the UNITED CITY OF THE VILLAGE OF YORKVILLE heretofore
passed and adopted that conflict herewith, insofar as they
conflict.
PASSED by the City Council this / T' day of
-+r-y, A.D. 1974.
C ' y Clerk
APPROVED by me this day of ? rzy,
A.D. 1974.
Mayor -
-11-