HomeMy WebLinkAbout0362 Building Moving and Compliance 1991CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 362
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
CHAPTER 15.20 "BUILDING MOVING" TO CLARIFY ITS APPLICABILITY
TO PRODUCTION BUILDINGS, CLARIFYING THE TIME LIMITS AND WHAT
NEEDS TO BE DONE WITHIN THOSE TIME LIMITS AFTER A PERMIT TO
MOVE A BUILDING IS GRANTED, PROVIDING FOR SPECIFIC CIVIL AND
CRIMINAL PENALTIES; REPEALING PRIOR CONFLICTING ORDINANCES;
PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS
ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS
OF CHAPTER 15.20 NOT HEREIN AMENDED SHALL REMAIN IN FULL
FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Chapter 15.20 is amended to read as follows:
15.20.010 Written Notice Required. No person,
corporation, or association shall move or cause to be moved
any building or structure, including a production building,
into or within the city without first notifying~ in writing~
the city clerk Qf the present location and future
destination of the building or structure to be moved and
obtaining a permit to move such unit. The person or entity
owning the property in the city upon which the building or
structure is to be placed shall have the ultimate
responsibility to notify the city and obtain the permit;
provided, however, in the case of a production building, the
owner or agent thereof of the production building itself
shall be responsible for notifying the city and obtaining
the permit. The owner of the property upon which a
production building is to be placed will not have any
responsibility of notifying the city or obtaining a permit,
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unless that property owner is also the owner of the
production building. A person bringing a production
building into the city for resale as part of that person's
primary business of selling production buildings is exempt
from obtaining a permit for bringing a unit into the city,
but a permit must be obtained to move the unit from that
person's business to a location within the city.
15.20.020 Inspection. Upon receiving the written
notification referred to in Section 15.20.01059, the city
shall cause the building, production building, or structure
to be inspected and examined by the building inspector or
building official to determine whether the same will comply
with all "~ ~ .... ~ .... ~ A~^~
b~id~..~ ............... applicable codes; and
further to determine that the proposed building, production
building or structure will be consistent with the type of
buildings, production buildings or structures in the area to
which it will be moved so as not to depreciate the value of
surrounding property and to insure that it will meet with
applicable zoning regulations of the city. If a building,
production building or other structure is located more than
five (5) miles from the city limits, all inspections shall,
at the discretion of the building inspector or buildin~
official, be done when the unit is brought into the city.
The owner, person responsible for moving the building or the
permittee of a permit issued under this section shall
contact the City Building Department within five (5) working
days of the time the building is moved into the city and
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arrange for the appropriate inspection. It shall be a
violation of this chapter and a misdemeanor for failure to
notify the City Building Department.
15.20.030 Guarantee of Compliance. Thc o-~ncr shall
thc By applying for a permit under this chapter, the owner
of a production building and, in all other instances, the
owner of the property upon which a building or structure is
to be placed, shall be deemed to be guaranteeing to the city
that the building, production building or structure will be
brouqht into compliance with all ~A ~..~ .... ~ .... ~
othcr applicable codes and further is guaranteeing that said
building, production building or structure will be brought
into compliance promptly and in no case later than ninety
days after pcrmissi~n the date of issuance of the permit to
move the same has been granted as provided in this chapter.
Upon application to the city council and a showing by the
owner of good cause, the owner may be granted additional
time to bring a building, production building or structure
into compliance with ~ ~"~~. -~ ~A~ all
applicable codes, including the building code, if
applicable; provided, said extension or extensions shall not
extend more than onc ycar nine months after the original
~ .... ~ .... ~--~ date of issuance of the permit,
pursuant to this chapter, to move the building, production
~uilding, or structure.
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If a permit is not obtained, all provisions of this
chapter referrinq to the "date of issue of the permit" shall
mean the date the unit is moved onto property within the
city.
15.20.040 Surety Bond or Cash. The city may, in its
discretion, require the owner to provide a good and
sufficient surety bond or cash in an amount to be determined
by the city from information furnished by the building
inspector or building official, based upon the estimated
cost that will bring the building, production building, or
structure into compliance with all applicable the buil~ing
codes, but such surety bond or cash shall not exceed the sum
of five thousand dollars.
15.20.050 Issuance of Permit. Upon the owner
complying the foregoing provisions of this chapter, the
city, through the city clerk,.building official or building
inspector, shall cause a permit to be issued authorizing the
owner to move the building, production building, or
structure from its present location to the future
destination provided in the written notification in Section
15.20.010. If the unit has not been previously inspected,
the permit shall be deemed to be issued conditioned upon the
unit passing inspection upon beinq brouqht into the city
limits or as otherwise determined by the building inspector
or buildinq official, pursuant to 15.20 020.
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15.20.060 Time ~or Compliance. Any buildinq,
production buildinq or structure moved into the city shall
have the followinq completed within 90 days of the issue
date of the permit to move the unit or any extension date:
A. placement on foundation or support structure;
B. completion of hook ups or connections to all
required utilities;
C. enclosure of foundation or support structure,
includinq skirting on production buildinqs;
D, completion of all exterior work and
remodelinq to make the building, production buildinq or
structure habitable or fit for its intended use.
E. compliance with all applicable Codes
includinq, but not limited to, the following, if
~pplicable:
Uniform Building Code
Uniform Mechanical Code
Mobile Home Set Up Code
Chubbuck Municipal Code, includinq
Chapter 8.24 Property Maintenance
8.04 Weed Control
8.12 Abandoned Vehicles
8.16 Nuisances and,
8.30 Solid Fuel Heaters.
A buildinq, production building or structure intended
to be occupied by humans shall be habitable and capable of
beinq occupied by humans on the 90th day following issuanc~
of the movin~ permit or the final day of any extension. Any
such unit not intended for human occupancy shall be made fit
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for its intended use by the 90th day following issuance of a
moving permit or by the final day of any extension.
15.20.070 Units Moved But Not Completed at Time of
Passage. Any building, production building or structure
moved into the c~ty with or without a permit, and which work
upon the unit has not yet been completed as of the date of
passage of this section shall be subject to this ordinance
and shall have all work completed upon it within 90 days of
the date of passage of this ordinance.
15.20.080 Notice of Violation and Right to Appeal.
A. If the city finds one or more violations of
this chapter, the city shall, in writing, notify the
building owner, owner of the premises within the city,
owner of the production building and/or the designated
agent.
B. The Notice of Violation shall give the
building owner, owner of the premises within the city,
owner of the production building and/or desiqnated
aqent not less than twenty (20) days to remove the unit
or abate the condition causing the violation. A copy
of said notice shall be posted in a prominent place
upon the premises at or near the location where the
violation exists. An appeal stays enforcement action
by the city. Such notice shall further state that any
one of the responsible parties may, within ten days
fgllowing the effective date of the notice, appeal the
matter by submitting a written request for review by
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the city council. If such request is submitted, the
city council shall conduct a hearinq upon the matter at
its next regularly scheduled meetinq (unless a later
time is mutually aqreed upon), and the council shall
decide whether the notice should be modified,
withdrawn, or enforced as written.
15.20.090 Service of Notices. Any notice of violation
permitted or required to be qiven for any purpose under this
Ordinance shall be deemed effective on the date when written
notice is hand delivered or sent certified mail, addressed
to the buildinq owner, property owner and/or desiqnated
aqent. Nothinq herein shall preclude the city from givin~
additional oral or written notice at its discretion. If the
city does elect to give any additional notice in any
instance, it shall not thereby become obliqated to ~ive such
additional notice thereafter in the same or other
situations.
15.020.100 Violations and Penalties.
A. Any buildinq owner, proDerty owner and/or
aqent who causes, permits, facilitates, or aids or
abets any violation of any provision of this chapter or
who fails to perform any act or duty required by this
chapter shall be ~uilty of a misdemeanor. Each day any
violation of any provision of this Ordinance or th~
failure to perform any act or duty required by this
Ordinance exists shall constitute a separate violation.
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B. The property owner of record, as recorded in
the records of Bannock County, of the property upon
which a violation of this Ordinance exists shall be
presumed to be the person having lawful control over a
building, production building or structure moved to a
parcel of land owned by the record property owner. If
more than one person shall be recorded as the owner of
the property, said persons shall be jointly and
severally presumed to be persons having lawful control
over a structure or parcel of land. This presumption
shall not prevent enforcement of the provisions of this
Ordinance against any person specified in subsection A
of this section.
C. Prosecution of an offense, under this
section, shall not preclude the city from seeking a
civil remedy as provided in 15.20.130 for failure to
comply with this chapter.
15.20.110 Non-liability of Lot Owners.
Notwithstanding any other provisions set forth in this
chapter, the owner of a lot or park shall not be liabl~
for the failure of an owner of a production building
located in that park to comply with the provisions of
this chapter. This paragraph shall not affect th~
liability of said lot or park owner with respect to
violations of any of the other titles or chapters of
the Chubbuck Municipal Code.
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15.20.120 Enforcement Independent of Other Officials.
The authority of the city to enforce the provisions of this
Title is independent of and in addition to the authority of
other city officials to enforce the provisions of any other
Title of the City Code.
15.20.130 Civil Remedies. The city may commence an
action, includinq injunctive proceedings against any
persons, corporations, firms, associations, or other
entities enqaqing in activities prohibited by this chapter.
In such proceedinqs, the city shall request and the court
may award the city its costs, as determined by court rule,
together with a reasonable attorney's fees and such other or
further relief including judqment for the cost of movinq a
buildinq, production buildinq, or other structure from its
site within the city and any storage costs for storinq of
such unit.
15.20.140 Other Abatement.
If the property owner or other person served a notice
or order by the city pursuant to this chapter fails to
comply with such notice of order, the council may adopt a
resolution finding that a violation of this chapter exists,
that there has been a failure of compliance with a notice to
remove or abate the problem and that action by the city is
required to protect the public health, safety, and welfare
in the area affected. Following adoption of such a
resolution, the mayor may direct that employees of the city,
or the city's contractors or aqents, qo upon the premises in
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question and remove the offender's building, production
building or other structure. The city shall be entitled to
recover its expense by civil action filed in a court of
competent jurisdiction, together with costs and a reasonable
attorney's fee. The expense may also be certified to the
city clerk and transmitted to the county treasurer, and be
collected by special assessment upon the property to the
extent provided by law. If the certificate is recorded at
the office of the county recorder, it shall become a lien
against the property to the extent provided by law.
15.20.150 Utility Connection. Notwithstanding any of
the other provisions of this Chapter, the city may refuse to
turn on or otherwise provide utility services, including
water, to any unit moved into the city and which has not
been set up or completed in accordance with the time frames
and other provisions of this Chapter.
15.20.160 Failure to Appeal. Failure of a person
entitled to appeal under this code to timely request an
appeal with the city council pursuant to section 15.20.080
shall constitute a waiver of the right to a hearing before
the city council or a court of competent jurisdiction and
such person shall be estopped to deny the validity of any
order or action of the city which could have been timely
appealed.
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ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The
provisions of any Ordinance of the City of Chubbuck, Idaho, and
any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict. All other sections and
provisions of Chapter 15.20 not herein amended shall remain in
full force and effect.
Section 2. Severability. If any provision of this
ordinance is held invalid, for any reason, by any court of
competent jurisdiction, such holding shall not affect the
validity or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a
reading in full, is hereby dispensed with, and this Ordinance
shall become effective upon its passage, approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this
ATTEST:
CITY CLERK
26th. day of NOV~ER , 1991.
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SUMMARY OF ORDINANCE NO. 362
An ordinance of the City of Chubbuck, a municipal
corporation of the State of Idaho, repealing Chapter 15.20 of the
Chubbuck Municipal Code titled "Building Moving"; requiring that
written notice be given to the City before any building,
including a production building (manufactured hOme) is moved into
the city, requiring a permit to be procured before any such
structure is moved into the City; providing production buildings
(manufactured homes) brought into the City for resale are exempt
from the permit requirement but requiring that a permit be
obtained to move a unit to another location within the City;
providing for the inspection of any building to be moved into the
City; providing that a building being moved from over five miles
outside of the city limits may be inspected after the unit is
brought into the City; providing the person moving the building
or the owner shall contact the city within five working days from
the time the building is moved into the City to arrange for an
inspection; providing that structure shall be brought into
compliance with all applicable codes within 90 days after a
permit is issued; providing this time period may not be extended
more than nine months beyond the date of the original issuance of
the permit; providing that if no permit is obtained, the date the
unit is moved into the City shall govern for purposes of this
chapter; providing for the posting of a surety bond if required
by the City; providing for the issuance of a permit; providing
for compliance with certain applicable conditions within 90 days
SUMMARY OF ORDINANCE NO. 362 - Page 1
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of the date the permit is issued or prior to expiration of any
extension date with respect to foundation, hookups, enclosure of
foundation, completion of exterior work in compliance with all
applicable codes; providing all units not in compliance as of the
date of passage of this ordinance shall be brought into
compliance within 90 days from the date of passage; providing for
a procedure to give notice of a violation of this Chapter and an
appeal; providing for the service of notice by hand-delivery or
certified mail; providing for penalties for violation of this
ordinance, including criminal and civil remedies; providing for
the non-liability of the owners of mobile home parks (production
building cluster arrangements); providing enforcement of this
Chapter as independent of any other enforcement action; providing
for civil remedies, including costs and attorney's fees and for
the cost of removing a structure not in compliance and storage,
if applicable; providing for other abatement proceedings,
including the removal of noncomplying building and certification
of the cost of said removal to the county for assessment upon the
real property; providing for non-connection of utilities where
buildings are not brought into compliance; providing for waiver
of further rights if an appeal is not pursued; providing for the
repeal of conflicting ordinances; providing for the severability
of the provisions of this ordinance and providing for the waiver
of the rule requiring an ordinance to be read on three separate
days and providing for the effective date of this ordinance.
SUMMARY OF ORDINANCE NO. 362 - Page 2
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The full text of this ordinance is available at the City
Clerk's Office, City of Chubbuck, 5160 Yellowstone Avenue,
Chubbuck, Idaho 83202.
I have reviewed the foregoing summary and believe that it
provides a true and complete summary of Ordinance No. 363 and
that the summary provides adequate notice to the plaintiff of the
contents of this ordinance.
DATED this
day of December, 1991..
Thom~s J. H~es, '~itY Attorney
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