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0362 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, Ordinance - Page 1 dsc chbbckl0.181 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 Ordinance - Page 2 dsc chbbckl0.181 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. Ordinance - Page 3 dsc chbbcklO.181 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. Ordinance - Page 4 dsc chbbckl0.181 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 Ordinance - Page 5 dsc chbbcklO.181 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 Ordinance - Page 6 dsc chbbckl0.181 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. Ordinance - Page 7 dsc chbbckl0.181 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. Ordinance - Page 8 dsc chbbckl0.181 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 Ordinance - Page 9 dsc chbbckl0.181 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. Ordinance - Page 10 dsc chbbckl0.181 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. Ordinance - Page 11 dsc chbbckl0.181 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 dsc chbbckl2.313 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 dsc chbbckl2.313 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 SUMMARY OF ORDINANCE NO. 362 - Page 3 dsc chbbckl2.313