The city manager or authorized designee shall be responsible for the administration and enforcement of this article and appointment of an inspector in accordance with this article.
(Code 1971, § 7-67)
(a) It shall be the duty of the person or the city owning or operating such poles or wires, after service of notice as provided in this article, to furnish competent linepersons or workers to remove such poles or raise or cut such wires as will be necessary to facilitate the moving of such house or structure. The necessary expense which is incurred thereby shall be paid by the holder of the moving permit.
(b) The owner of any wires, cables or other equipment, after service of notice as provided in this article, shall be liable to the permit holder for damages in an amount not to exceed $100.00 per day for each day the owner shall fail or refuse to accommodate the permit holder’s moving operations.
(K.S.A. 17-1917; Code 1971, § 7-74)
It shall be unlawful for any person engaged in moving any structure to raise, cut or in any way interfere with any wires or poles bearing wires or any other aerial equipment.
(K.S.A. 17-1918; Code 1971, § 7-75)
No person shall move, haul, or transport any house, building, derrick or other structure except as permitted by K.S.A. 17-1914.
(Code 1971, § 7-68)
All applications for permits required under the provisions of this article shall be made in writing to the city clerk and shall set forth:
(1) A description of the structure, giving the length, width, height thereof, and also the height which such building will attain after being loaded on the apparatus used for moving the structure;
(2) The location of the structure to be moved;
(3) The place to which such structure is to be moved;
(4) The route over which such mover prefers to move the structure;
(5) The estimated time when such mover intends to enter the city limits of the city with the structure;
(6) The estimated time from the entry into the city limits until such structure reaches the locations set out in subsection (3) of this section;
(7) The day and hour such moving is to commence;
(8) Whether it will be necessary to cut and move, raise or in any way interfere with any wires, cables or other aerial equipment of any public or municipally owned utility, and if so, the application shall also state the name of public or municipally owned utility, and the time and location that the applicant’s moving operations shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities.
(K.S.A. 17-1915; Code 1971, § 7-69)
(a) It shall be the duty of any person at the time of making an application for a permit to give a good and sufficient surety bond to the city, to be approved by the governing body, indemnifying the city against any loss or damage resulting from the failure of any such person to comply with the provisions of this article or for any damage or injury caused in moving any structure. The bond shall be in the sum of $5,000.00, or cash may be deposited in lieu of such bond.
(b) A public liability insurance policy issued by an insurance company authorized to do business in the state, in the amount of $100,000.00 per person, $300,000.00 per accident as to personal injury, and $50,000.00 property damage may be permitted in lieu of a bond.
(Code 1971, § 7-70)
Before any permit to move any structure is given pursuant to this article, the applicant shall pay an administrative fee of not less than $25.00 to the city clerk. The applicant shall also pay the additional cost for any city provided personnel, equipment, material, services or other costs associated with such moving including, but not limited to, traffic sign replacement. Upon written request, a written estimate of such costs may be provided to applicant. Actual costs shall be determined promptly upon completion of the moving operation. The applicant shall pay for such costs within ten days of receipt of a statement of such costs.
(Code 1971, § 7-71)
The city clerk shall, upon filing of the application, refer the same to the chief building official or authorized designee to check the proposed route and determine if it is practical to move such structure over the route proposed. If it shall appear that such route is not practical and another route may be used substantially as effectively, with less danger to persons and property, then the building official may designate such other route as the one to be used and shall notify the applicant of the same. The building official may also require the planking of any street, bridge or culvert or any part thereof or other appropriate protective measures to prevent damage thereto. It shall also be the duty of the chief building official or authorized designee to inspect the progress of moving any structure to see that the structure is being moved in accordance with the provisions of this article.
(Code 1971, § 7-72)
(a) Upon issuance of a moving permit, the applicant shall give not less than 15 days’ written notice to any person owning or operating any wires, cables or other aerial equipment along the proposed route of any moving operation which shall necessitate the cutting, moving, raising or interfering of any wires, cables or other aerial equipment. The notice provisions of this section shall not apply to any person entitled thereto who shall waive notice in writing.
(b) Should the moving operation be delayed, the applicant shall give the owner or agent not less than 24 hours’ advance notice of the actual operation.
(K.S.A. 17-1916; Code 1971, § 7-73)