The Building Code of the City of South Bend "Frontage Consent"

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'1 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2243 COMMONLY KNOWN AS THE BUILD- ING CODE OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, The State Board of Accounts has expressed dis- approval with the present method of paying expenses incurred by the moving of a structure, and WHEREAS, the present "Frontage Consent" requirement may be unconstitutional and is inequitable, NOW, THEREFORE, BE IT ORDAINED BY THE CMMON COUNCIL OF THE CIVIL. CITY OF SOUTH BEND, INDIANA: SECTION I. That Article No. XXVII of Ordinance No. 2243, commonly known as the Building Code of the City of South Bend, .Indiana, be, and the same is hereby repealed and a new Article known by the same number and on the same subject pertaining to moving of structures, is hereby enacted in lieu thereof and shall hereafter be and read as follows: ARTICLE XXVII HOUSE MOVE Permit Required Section 453. Before any building or other structure is moved along any route within the corporate limits of the City of South Bend, Indiana, permit shall be issued for said removal by the Building Commissioner. Application Section 454. Before permit is issued, appli- cation shall be filed therefor with the Building Commissioner. Application for permit shall include the extreme height, width, and length, when mounted, of the structure; the route over which the structure will be moved; a plot plan showing the structure in its proposed new location; affidavits from all public utility companies, railroads, service companies and municipal departments with facilities along the proposed route certifying that the owner of the structure has de- posited with said company, agency or department, satisfactory surety to cover the cost of any damage or changes in facilities resulting from the moving of the structure over the given route and any additional information the Building Commissioner may deem necessary. Public Hearing Section 455. Within ten (10) days after appli- cation for permit has been filed with the Building Commissioner and before permit is issued, a hearing shall be held before the Board of Public Works and Safety. The Board shall hear all evidence pertaining to the moving of the structure in question as such move may affect public health, safety or welfare and possible physical damage to streets, sidewalks or other properties. The Board shall reach a decision from its findings at the hearing and the Building Commissioner shall consider such decision as a final order to issue or refuse to issue permit to move the structure in question over the given route. Exceptions Section 456. Upon application, the Building Commissioner may issue permit without affidavits from utility companies as required in Section 454 and without hearing as