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HomeMy WebLinkAboutThe Building Code of the City of South Bend "Frontage Consent"ORDINANCE No. 4170 Passed by the Common Council of the City of South Bend, JUNE 24, X95 57 FREDA G. NOBLE, CITY CLERK BY: Clerk of Common Council Presented by me to the Mayor of the City of South Bend, JUNE 25, 19357 FREDA G. NOBLE, CITY CLERK Approved and signed by me JUNE 25, 19357 'MR107 Clerk '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Ordinance No. 2243, commonly known as the Building Code of the City of South Bend, .Indiana, be, and the same is hereby repealed and a new Article known by the same number and on the same subject pertaining to moving of structures, is hereby enacted in lieu thereof and shall hereafter be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 ORDINANCE NO. (Page 2) required in Section 455, when the structure is to be moved on the bed of a truck or trailer and only when the extreme dimensions of said structure, when mounted for moving, do not exceed fourteen 14) feet in height, fourteen (14) feet in width or twenty (20) feet in length; also upon application,: the Building Commissioner may issue permit without public hearing as required in Section 455 when the structure shall be moved to .a location outside the corporate limits of the City of South Bend,, Indiana, 3o0ds, Condit�.pns Section 457. It shall be unlawful for any person., firm, oempany or corporation to move or cause to bt moved, any structure upon or along any street within the limits of the City without having first filed with the Building Department a bond approved by the City Controller In the, sum of Five Thousand ($5,000) Dollars, indemnifying said City against any and all loss, cost or damage to said streets caused by the moving of said structure and further conditioned that said person, persons, firm, company or cor . poration will Indemnify and pay all damages to any person or property caused by any negligent act or omission in the moving of said structure. Violation Section 458. It shall be unlawful for any person, firm or corporation to move or cause to be moved any structure on streets or other public places until he or they shall have complied with all requirements of this Ordinance and any violations shall subject the offender to the penalties herein- after stated. SECTION II. This Ordinance shall be in full force and effect from and after its enactment, approval b he Mayor, and legal publi- cation. let & 2nd READING Vio'b 7 COMMITTEE OF TN! UM �4o T PUBLIC HEARING II),4IS1 3rd READW qv V14- 7 NOT A"VED REFE1M M PASSED (e /o1 /S 7 �aN 1057 PM -rt 0 54 �iLEO CRY OF SOUTH BEND MCA a Mau. WM �. .46EPARTMENT ..................................- ................./ �............191� .... ....... L% :