No person, firm or corporation shall move, haul or transport, any house, building, derrick or other structure of the height of sixteen (16) feet or over, after having been placed in final position for moving, upon, across or over any street, alley or sidewalk in this city nor shall any person, firm or corporation raze any structure of the height of ten (10) feet or over, without first obtaining a permit therefore.

All applications for permits required under the provisions of this article shall be made in writing to the city clerk stating the size and height of the building or other structure desired to be moved or razed, specifying the day and hour said moving or razing is to commence, the places from and to which it is to be moved, and the route through the city’s streets over which said house, building, derrick or other structure shall be moved. If it shall be necessary to cut and move, raise, or in any way interfere with any wires or poles, the application shall state the name of the owners of said wires or poles and the time and place when and where the removal of said wires or poles and the time and place when and where the removal of said poles or the cutting, raising or otherwise interfering with said wires will be necessary.

Before a permit to move or raze any house, building, derrick or other structure, is granted under the provisions of this article, the applicant for said permit shall pay to the city clerk the sum of five dollars ($5.00) therefore, which shall be deposited to the credit of the general fund of the city.

(a)   It shall be the duty of any person at the time of making application for a permit as provided in this ordinance to give a good and sufficient surety bond to the city, to be approved by the city clerk, 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 or razing any such house or structure. The bond herein shall be in the sum of Five Thousand Dollars ($5,000.00), or cash may be deposited in lieu of such surety bond.

(b)   A public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of One Hundred Thousand Dollars ($100,000.00) per person, Three Hundred Thousand Dollars ($300,000.00) per accident as to personal injury, and Fifty Thousand Dollars ($50,000.00) property damage may be permitted in lieu of a bond.

The city clerk shall, upon the filing of such application, give not less than twenty-four (24) hours’ written notice to the person, firm or corporation owning or operating such wires or poles or to their agents, of the time and place when and where the removal of said poles, or the cutting, raising, or otherwise interfering with said wires shall be necessary.

It shall be the duty of the person, firm or corporation owning or operating said poles or wires after service of notice and reasonable compensation for the expense of removing and replacing the same, to furnish competent linemen or workmen to remove such poles, or raise or cut such wires as will be necessary to facilitate the moving of such house or structure.

No person engaged in moving any house or other structure shall raise, cut or in any way interfere with any such poles or wires unless the persons or authorities owning or having control of the same shall refuse to do so after having been notified as provided in this article; then, only competent and experienced workmen shall be employed in such work, and in such case the necessary and reasonable expense shall be paid by the owners of the poles and wires handled. The work shall be done in a careful and workmanlike manner, and the said poles and wires shall be promptly replaced and the damages thereto properly repaired.

If the mayor shall find that some other route than the one designated in such application will cause less injury or damage to the property in said city, he shall require said building or other structure to be moved along a route designated by him or her.

Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars ($100.00), or be imprisoned for not more than thirty (30) days, or be both so fined and imprisoned.

Before a structure can be razed or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer and other connections. A permit to demolish or remove a structure shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.

Only when written notice has been given by the applicant to the owners of adjoining lots and to the owners of wired or other facilities, of which the temporary removal may be necessitated by the proposed work, shall a permit be granted for the removal of a building or structure. If work is not commenced within six (6) months, the permit will expire and a new permit will be required to remove a building or structure.

Whenever a structure is razed or removed, the premises shall be:

(a)   Maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restarting of established grades and the erection of the necessary retaining walls and fences.

(b)   The vacant lot shall be filled, graded and maintained in conformity to the established street grades at curb level within ninety (90) days of the removal or razing of the building or structure.

(c)   The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which may endanger the life or health of the public.

(d)   Provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises or the adjoining property.

(e)   All service utility connections shall be discontinued and capped in accordance with the approved rules and the requirements of the authoritative agency having jurisdiction. The sewer shall be plugged at the property line.