HomeMy WebLinkAboutOrdinance - 2010-O0030 - Amnending Articles I And II Chapter 6 Movemnt Of Buildings And Speakers - 03/25/2010First Reading March 25. 2010 Item No. 6.4 ORDfNANCE NO. 2010-00030 Second Reading April 8, 2010 Item No. 5.17 AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS WITH REGARD TO THE MOVEMENT OF BUILDINGS AND STRUCTURES; PROVIDING FOR MOVING CONTRACTOR REGISTRATION AND PERMIT REQUIREMENTS; ESTABLISHING RESPONSIBILITIES OF THE PARTIES; PROVIDING FOR CERTAfN EXEMPTIONS; PROVIDING MINIMUM STANDARDS FOR RELOCATED BUILDINGS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAfNED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SE CTI ON I. THAT Section 6-69 of Article l, Chapter 6 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: Sec. 6-69. Movement & relocation of buildings & structures The movement of buildings and structures into, within, or out of, the city limits of the City of Lubbock shall be governed by Section 3408 of the 2006 International Building Code, as amended (see Article II of this chapter). SECTION 2. THAT Section 6-80VV of Article II, Chapter 6 of the Code of Ordinances of the City of Lubbock is hereby amended to read as follows: 6-80VV. Moved Structures. Section 3408 of the 2006 International Building Code, entitled "Moved Structures" is hereby amended by deleting Section 3408.1, and adding new Sections 3408.1 through 3408. 6, to read as follows: 3408.1 Permit required to move building or structure. Except as set forth herein, no person or persons shall hereafter move any building into, or out of, the City of Lubbock city limits, or from one location to another within the City of Lubbock city limits, where the same shall be moved in, through, or upon the streets, alleys, avenues, or public grounds, unless said person shall first secure a permit to do so from the Building Official. Violation of this Section is deemed a misdemeanor punishable by fine in accordance with Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas.
Building/Structure movement permits shall not be required for the following: I. Portable building units, as the same are defined by Section 623 .121 of the Texas Transportation Code, that are moved solely upon State highways within the corporate limits. 2. The movement of portable buildings not exceeding 14 feet in loaded width or height, or 40' in loaded length, as the case may be. 3. The movement and installation of Housing and Urban Development ("HUD")-Code manufactured homes by persons licensed by the State of Texas to do so, and otherwise in conformance with the procedures, rules, and requirements set forth in the administrative rules of the Texas Department of Housing and Community Affairs at 10 TAC Chapter 80. 4. The movement and installation of industrialized housing and buildings and their component parts by persons licensed by the State of Texas to do so, and otherwise in conformance with the procedures, rules, and requirements set forth in the administrative rules of the Texas Department of Licensing and Regulation at 16 TAC Chapter 70. 5. The movement of industrialized buildings or buildings that are otherwise pre-built or manufactured within the City limits of Lubbock and intended solely for export and installation outside the City limits. 3408.2 Moving contractors to be registered, bonded, and insured. Persons engaged in moving buildings and structures pursuant to this Chapter (hereafter referred to as "Moving Contractors") shall be registered with the City of Lubbock in accordance with Section 6-29 of the Lubbock Code of Ordinances. Notwithstanding any provision to the contrary, such contractors shall give bond to the City of Lubbock pursuant to Section 6-31, in addition to being insured pursuant to Section 6-32. In lieu of the respective coverage amounts specified therein, the minimum coverage amounts for purposes of this Section shall be as follows: 1. Compliance Bond: $25,000 2. Commercial General Liability Insurance: $300,000 3. Commercial Automobile Insurance: $500,000 per vehicle Any bond or insurance provided pursuant to this Section shall be effective and fully paid and maintained in compliance with the certificates provided the City of Lubbock through the date that the bonded or insured activity is finally completed. 3408.3 Conformance; Minimum Standards. All buildings or structures moved into or within the City of Lubbock shall conform to the applicable standards as set forth in 3408.3.1 through 3408.3.4 below. 2
3408.3.1 Current building standards applicable. Buildings and structures moved into or within the City of Lubbock shall comply, or be altered to comply with the applicable provisions of the Lubbock Code of Ordinances for new buildings and structures, including, without limitation, all building, structural, plumbing, fuel gas, mechanical, and electrical systems. 3408.3.2 Certain Manufactured homes ("Mobile homes") prohibited. Manufactured homes that were manufactured prior to June 15, 1976, and therefore not in accordance with HUD standards ( defined as "Mobile Hornes" by the Texas Manufactured Housing Standards Act) shall not be installed or relocated within the City of Lubbock city limits. Violation of this Section is deemed a misdemeanor punishable by fine in accordance with Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. Exception: Owner-occupied mobile homes, as defined herein, lawfully in place within the corporate limits on the effective date of this Ordinance, that are subsequently determined by inspection to be in conformance with the minimum housing standards contained within the Property Maintenance Code as referenced in Chapter 13 of this Code of Ordinances. 3408.3.3 Mobile home replacement authorized. A mobile home, as defined in Section 3408.3.2 above, previously lawfully placed and installed on a lot or parcel within the City of Lubbock city limits, may be replaced by a HUD-Code Manufactured Home (Manufactured on or after June 15, 1976 in accordance with HUD standards) in accordance with applicable requirements of Chapter 29 (Zoning) of the Lubbock Code of Ordinances in order to facilitate upgraded, safer housing. Manufactured homes not of new manufacture are subject to inspection by the Building Official to determine compliance with minimum acceptable standards for safety as outlined in this Chapter, and by the Structural Standards Administrator to determine compliance with minimum housing standards contained within the Property Maintenance Code. 3408.3.4 Minimum housing standards. Moved buildings that will serve as dwelling units shall comply with the residential provisions of the International Residential Code or the International Building Code, as applicable. Where it is technically infeasible to comply with a provision of said code(s), the Building Official may apply the provisions of the International Existing Buildings Code and/or the minimum housing standards contained within the Property Maintenance Code contained in Chapter 13 of this Code of Ordinances. 3408.4 Procedures. The procedures set forth within 3408.4.1 through 3408.4.6 shall be followed with regard to the movement of all buildings and structures pursuant to this Chapter. 3
3408.4.1 Permit application and review. The moving contractor shall apply for a moving permit on forms provided by the Building Official. Prior to issuance of such moving permit, the owner of the building shall also apply to the Zoning Board of Adjustment for a special exception allowing the proposed move pursuant to Section 29-28(f)(2)j of this Code of Ordinances, unless specifically exempted by that Section. 3408.4.2 Investigative inspection & report. Prior to issuance of the moving permit and where the building is not exempt from the special exception requirements of Section 29-28(f)(2)j, prior to the agenda deadline for the scheduled hearing of the Zoning Board of Adjustments to consider the special exception, the Building Official shall inspect, or cause to be inspected, the building or structure proposed to be moved, provided that the building owner or mover shall first pay an investigative inspection fee of $60.00, or as might otherwise be established by the City Council. Subsequent to the inspection, the Building Official shall issue an inspection report which shall generally describe the structural and appearance characteristics of the building, and which shall include information regarding building area and dimensions, foundation style and general condition, roofing and exterior wall cladding materials, the presence and condition of any garage or outbuildings, the general condition of floor systems, exterior and interior walls, roof decking and covering materials, windows, and bathroom/kitchen areas and associated fixtures. Said report shall be provided, promptly upon completion, to the owner and the Zoning Board of Adjustments. 3408.4.3 Action of board; conditional approval. If the Zoning Board of Adjustment grants the special exception, the Building Official may issue the permit subject to any and all requirements or conditions placed by the Board thereon, as well as the other requirements of this Chapter. All such requirements and conditions shall be incorporated into the permit, and are considered legal requirements for the purposes of compliance with this Chapter. 3408.4.4 Building to be moved beyond the city limits. The Building Official may issue a permit to move a building or structure at least five thousand (5,000) feet outside of the city limits without a special exception granted by the Zoning Board of Adjustment. 3408.4.5 Procedure where special exception not required. Where a special exception from the Zoning Board of Adjustrnem 1s not required, all other provisions of this Chapter shall remain applicable. 408.4.6 Denial of permit. The Building Official shall deny a moving permit under any of the following ircumstances: 4
I. Where the Zoning Board of Adjustments has denied a required special exception. 2. Where the City of Lubbock or any public utility companies owning overhead infrastructure, including but not limited to wires and cables, have not first examined the proposed movement route to determine that: a) it owns no lines along the route; and/orb) that the proposed movement of the building or structure will not require the removal or cutting of any overhead infrastructure. All routes approved by the City of Lubbock or a public utility company must be evidenced by attested, authorized signature. 3. Where the Department of Traffic Engineering has not first examined the proposed movement route to determine that no traffic signal mast arm will require removal or adjustment in order to accommodate the building or structure. Approval of the proposed route must be evidenced by attested, authorized signature. 4. Where the Department of Traffic Engineering, Fire Department or Police Department have not first approved the proposed movement route for the dates and times specified in the application, as attested by the signatures of the authorities having jurisdiction; 5. Where the parties are not otherwise in full compliance with the provisions of this Code of Ordinances, as determined solely by the City of Lubbock, including he specific responsibilities of the parties outlined in Section 3408.5. 408.5 Responsibilities of the parties. The specific responsibilities of the parties involved in the movement of buildings or structures shall be as stipulated in 3408.5.1 through 3408.5.3 below. Where the destination lot is outside the corporate limits of the City of Lubbock, 3408.5.1(4)(a) and 3408.5.3 shall not apply. 408.5.1 Moving Contractor. The moving contractor shall perform the following: 1. Obtain and maintain all required insurance policies, bonds, permits, and pprovals as necessary to initiate and complete the project in a lawful manner; 2. Obtain necessary permit applications from the Building Official, identify route, date(s), and time(s) of the proposed move, including the locations and urations of any temporary storage ("stack lot") locations, and secure the approval of 11 City and franchise utility companies, the City of Lubbock Traffic Engineering epartment, the Texas Department of Transportation, as applicable, and emergency ervice providers, including, but not limited to, the Lubbock Police Department, ubbock Fire Department, and Lubbock emergency medical services providers, as pecified in Section 3408.4.6. 5
3. Advise the building owner if a Zoning Board of Adjustment (ZBA) special exception is required pursuant to Section 29-28(f)(2)j of the Lubbock Code of Ordinances. 4. If the special exception referenced in (3) above is granted the owner, or is not otherwise required: a) Confirm that the destination lot/building owner has obtained necessary building permits for construction of a permanent foundation system, has completed said construction and received final inspection approval for same pursuant to Section 3408.9.3 item #3; b) Arrange and pay for a Police Department escort along the moving route in accordance with applicable police department policy; and c) Obtain necessary moving permits from the Building Official. 5. Coordinate with the appropriate utility companies to disconnect and make safe all sources of electricity, water, fuel gas, and sanitary sewer. Sanitary sewer outlets shall be capped or otherwise secured from rainwater infiltration. Electricity shall be disconnected at the transformer or through removal of the meter and sealing of the meter socket against unauthorized entry. Fuel gas shall be shut off at the meter. 6. Provide proper and adequate safeguards for the public, employees, and adjoining property during demolition and lot clearing activities, including compliance with Section 3303 of the International Building Code and obtaining street barricade permits where necessary for protection of/from vehicular traffic. 7. In coordination with the appropriate department, agency, or franchise utility company, repair all damage to public improvements incurred during demolition and building movement activities, including, but not limited to, street surfaces, curb and gutter, sidewalks, driveway approaches, utility lines, sign posts, traffic signals, and drainage structures along the moving route. Failure to comply with item (5), (6) or (7) of this Section is deemed a misdemeanor punishable by fine in accordance with Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. 3408.5.2 Origin lot owner. The owner of the lot from which the building is moved shall perform the following immediately after the building is removed from the lot: I) Fill all open excavations with clean fill dirt (no rubble or trash to be used). 6
2) Re-establish lot grades to convey storm water nmoff to the street, alley, or other approved conveyance without ponding and without directing storm water runoff onto other private property. 3) Clear the lot of all trash, rubbish, building debris, dead shrubbery, tree limbs, etc. 4) Cap all sanitary sewer outlets or otherwise secure them from rainwater infiltration. 5) In coordination with the appropriate department or franchise utility, repair all damage to public improvements incurred during the demolition and building movement activities, including, but not limited to, street surfaces, curb and gutter, sidewalks, driveway approaches, utility lines, sign posts, and drainage structures within the lot frontage. Failure to comply with items (1)-(5) of this Section is deemed a misdemeanor punishable by fine in accordance with Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. 3408.5.3 Destination lot/building owner. The owner of the lot to which the building 1s moved shall perform the following: l) Prior to arranging for movement of the building, obtain an investigative inspection of the building to determine the degree of renovation necessary to bring the building's structural, plumbing, electrical, mechanical and fuel gas systems up to minimwn standards for new construction, as determined by the applicable technical codes adopted under Chapter 6 of the Lubbock Code of Ordinances. Where the lot of origin is not within the City limits, the building owner shall conform to Building Inspection Department policy with regard to arrangement of inspections and payment therefor. 2) Obtain special exception approval from the Zoning Board of Adjustments pursuant to Section 29-28(f)(2)(j), as applicable. 3) Construct and obtain inspection approval of required permanent foundation systems in preparation for final placement and attachment of the building. All necessary permits for the foundation system must be obtained prior to construction. 4) Upon placement and attachment of the building, complete all required renovations to bring the building up to current standards as required by Section 3408.3,within the time frames stipulated in Section 3408.6. 5) Complete all required work to comply with any conditions of approval established by the Zoning Board of Adjustments, within stipulated time frames. 7
3408.6 Violations; Public Nuisance. Except as provided herein, any of the conditions identified in 3408.6.1 through 3408.6.3 are deemed unlawful hazards to public health and safety and therefore constitute misdemeanors punishable by fine in accordance with Section l A of the City of Lubbock Code of Ordinances. Said conditions are also declared public nuisances, and shall be referred by the Building Official to the Structural Standards Administrator for disposition pursuant to Section 1102 of the Property Maintenance Code as set forth in Chapter 13 of this Code of Ordinances. 3408.6.1. Building detached from foundation. Any building that has been detached for more than thirty (30) days from its foundations in preparation for a move, or that has been moved from its original location and has not been affixed to its permanent foundation in accordance with the building code within thirty (30) days of the issue date of the moving permit, or any longer period approved by the Zoning Board of Adjustments as part of the special exception process set forth in Section 29-28(f)(2)U) of this Code of Ordinances. 3408.6.2 Building not in conformance with Code of Ordinances. Any moved building not brought into compliance with all relevant sections of all City codes within 180 days from the date the foundation permit is first issued for the destination lot, or any longer period approved by the Zoning Board of Adjustments as part of the special exception process set forth in Section 29-28(t)(2)(j) of this Code of Ordinances. 3408.6.3 Building not in conformance with stipulated conditions. Any moved building not brought into compliance with all requirements and conditions placed thereon by the Zoning Board of Adjustments within such time frames as the Board shall have stipulated as part of the special exception approval process outlined in Section 29-28(f)(2)(j) of this Code of Ordinances. A building that has been secured against entry and moved to an appropriately-zoned temporary location ("stack lot") that is fenced or otherwise secured from public access so as not to create an attractive nuisance or to present a hazard to the public from overturning pending eventual movement to the destination lot shall not be considered a violation under Section 3408.6.l, so long as the temporary location is identified at the time of moving permit application, and further is for a pre-determined, temporary duration not to exceed 180 days. SECTION 3. THAT violation of the provisions of this Ordinance, as specifically set forth herein, shall be deemed a misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock, Texas. SECTION 4. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. 8
SECTION 5. THAT pursuant to Section 214.218 of the Texas Local Government Code, this Ordinance shall not be implemented or enforced until after the 30th day after the date of final adoption. SECTION 6. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this ____ M __ a_rch 25 , 2010. Passed by the City Council on second reading this ___ A__.p~r_i_l----'-8 ____ , 2010. TOM MARTIN, MAYOR ATTEST: D~. ¾ ~ Garza, City Secretary APPROVED AS TO CONTENT: / Steve O'Neal, Chief Building Official 9