§ 13. HOUSES, BUILDINGS AND STRUCTURES MOVED INTO OR WITHIN THE CITY
A.
APPLICABILITY AND DEFINITIONS
(1)
Should any provision contained in this section conflict with any other provisions of the Building Code adopted by reference herein or with any other provision contained in this Code of Ordinances, the most stringent requirement(s) shall prevail.
(2)
Modular home or building as used in this section shall mean any building not erected on site except small storage sheds designed to be placed on the rear of residential lots behind an existing residential dwelling and used for storage of tools and other articles normally associated with residential occupancy.
(3)
Modular as used in this section shall mean any building or structure of a module designation or units of standardized size design to be arranged or fitted together in a variety of ways.
(4)
Shed as used in this section shall mean any small structure for storage or shelter.
(5)
Structure as used in this section shall mean anything constructed or erected, which requires location on the ground or attached to something having location on the ground.
(6)
Building as used in this section shall mean any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels.
(Ordinance No. 09-2004 of May 13, 2004)
B.
NO BUILDING OR STRUCTURE TO BE MOVED INTO THE CITY WITHOUT A PERMIT OR PLACED UPON A LOT WITHIN THE CITY WITHOUT A PERMIT
(1)
It shall be unlawful for any person, firm or corporation to move into, or in any manner to bring into, the corporate limits of the City, any house, any building or structure, or any assembled portion of any house, building, structure or any modular home or building, whether new or used, from outside of the corporate limits of the City for the purpose of placing such house, building, or structure upon any lot or tract of ground for any use or occupancy of any nature whatsoever without first obtaining a permit from the Building Official of the City.
(2)
It shall be unlawful for any person, firm, or corporation to move or relocate any house, building or structure, or any assembled portion of such house, building or structure, or any modular home or building, whether new or used, from one location in the City to another location, lot or tract of land in the City, without first obtaining a permit from the Building Official of the City, Texas.
(Ordinance No. 09-2004 of May 13, 2004)
C.
APPLICATION FEE AND APPLICATION
(1)
Any person, firm, or corporation desiring to move into the corporate limits of the City any house, building or structure, or any assembled portion of such house, building, or structure or relocate any house, building, or structure, or any assembled portion of such house, building, or structure from one location in the City to another location, lot, or tract of land in the City shall file an application with the Building Official requesting permission to move into the corporate limits or relocate a particular house, building, or structure from one location to another location, lot, or tract of land in the City. Upon filing of the application, the applicant shall pay the Building Official the required fee, as established by resolution of the City Council, to help pay the cost of processing the application. Such fee shall be in addition to permit fees required for construction within the City.
(2)
The application shall contain the following information:
(a)
Name, address, and telephone number of applicant.
(b)
Description and size of the house, building, or structure to be moved, together with a picture thereof.
(c)
Legal description of the lot and the local address, upon which the house, building, or structure is to be moved or relocated if a permit is granted by the Building Official.
(d)
A drawing or plot plan showing the dimensions of the lot or tract of land upon which the house, building or structure is to be moved or relocated, and the location of existing buildings or structures upon the lot, if any together with the location of existing buildings or structures upon adjoining lots.
(e)
A wood destroying insect inspection report issued by a Structural Pest Control Business Licensee indicating whether or not there is visible evidence of active wood destroying insect infestation or visible wood destroying insect damage to the house, building, or structure and whether treatment or repairs are necessary.
(f)
Certification by the owner and documentation that the following criteria are met or exceeded or will be met or exceeded. No certificate of Occupancy shall be issued until these criteria are met. These criteria may be modified by the Building Official as required to conform to Manufactured Housing regulations, as promulgated by the United States Department of Housing and Urban Development:
(i)
Provide new roofing, flashing and roof jacks, in conformity to city codes, or demonstrate that same have been installed within thirty-six (36) months prior to date of permit application.
(ii)
Building shall be free of rot and all component lumber shall be sound and whole, including but not limited to soffits, fascias, rafters and rafter ends, joists, studs, sills and mud sills, siding and trim. Damaged components shall be replaced or, where approved, structural components may be sistered or otherwise augmented with sound and whole material.
(iii)
All windows and doors, required by code, shall be operable, sound and functional. Light and ventilation shall be provided for all areas required by codes.
(iv)
All required insect screens shall be installed. Screens shall be new or in excellent condition with frames tightly fitted to window openings. Ripped, torn or punctured screens shall be replaced.
(v)
Determine that the building is not within the 100-year flood zone as defined by the most recent FIRM map published by the Federal Emergency Management Administration or, if within the 100-year flood zone, a bench mark indicating an identified elevation according to the National Geodetic Vertical Datum shall be provided by a Texas licensed land surveyor.
(vi)
If the building is within the 100-year flood zone, a Certificate of Elevation, demonstrating that the lowest finished floor is elevated eighteen inches (18") above the Base Flood Elevation, shall be submitted to the Building Official.
(vii)
The building shall be skirted continuously along its full exterior perimeter with skirting that extends from the bottom edge of the siding to the grade immediately below. Such skirt shall be of weather resistant materials and may be solid or open lattice of a regular pattern. The net open area of latticework shall not exceed twenty-five percent (25%). Elevated structures with a clear unobstructed clearance of seven feet (7') or greater between the structure and the grade beneath the structure shall not be required to install skirting.
(viii)
Buildings shall meet the criteria for windstorm resistant construction and a Certificate of Compliance shall be mandatory.
(ix)
Unit shall be painted or weather sealed over all exposed exterior surfaces (except brick or stone masonry) within thirty-six (36) months prior to date of application.
(x)
Site around the full perimeter of the house shall be sloped away from the building and graded for a distance of fifty feet (50') or to property line, whichever is less.
(xi)
Site around the full perimeter of the house shall be sodded or seeded with grass or ground cover for a distance of fifty feet (50') or to property line, whichever is less.
(xii)
Culverts shall be set and a driveway installed and paved with crushed stone, concrete, asphalt or other approved material. The driveway shall extend from a public street into the site and shall be of a width and length to permit the parking of no less than two (2) vehicles: parking space size shall conform to the minimum size established by the Santa Fe Zoning regulations.
(xiii)
Dead trees, brush, junk, inoperative vehicles, inoperative farm equipment and vermin harborages shall be removed from the site.
(xiv)
Well and septic tank or approved utilities connections shall be installed, shall be operational and are approved by the Health Department.
(xv)
Proof that mandatory repairs and maintenance have been performed within the required times shall be in the form of receipts or invoices that clearly identify the date of the work and the building on which the work was performed. Lack of such documentation shall result in the work being performed prior to issuance of a Certificate of Occupancy unless in the opinion of the Building Official the condition of the materials indicate that the work was performed within the mandatory period.
(3)
Upon the filing of the application, the Building Official shall investigate the application by inspecting the house, building, or structure to be moved or relocated upon the lot or tract of land and the lot or tract of land upon which the house is to be located. He shall then determine whether the house, building or structure meets the requirements of the Building Code, and other applicable ordinances of the City, and whether or not the lot and house, building, or structure, if allowed to be moved into the designated lot or tract of land, would meet all of the requirements of the Building Code and other applicable regulations of the City. In addition, the Building Official shall issue a written report to applicant stating requirements necessary to meet compliance with the Building Code and other applicable ordinances of the City.
(4)
After receipt of the written report from the Building Official, the applicant shall furnish written plans specifications, and cost estimates from properly licensed building, electrical, plumbing, mechanical, or other contractors, as necessary, for any work which is required to bring the structure into compliance as described in the Building Official's report. Such plans, specifications, and cost estimates are a required part of the application and must be provided, even if the work is to be performed by the applicant.
(5)
The City Manager shall either grant or deny the request taking into consideration the location and size of the lot upon which the house, building, or structure is to be located, the size and construction of the house, building, or structure to be moved, the population density in the area, the location and use of buildings, structures, and land in the area; provided, that no request shall be granted if the City Manager shall find:
(a)
That the house, building, or structure to be moved does not meet all of the requirements of all applicable ordinances of the City.
(b)
That the lot or tract of land with the house, building, or structure thereon would not meet all of the requirements of the applicable ordinances of the City.
(c)
That the house, building, or structure to be moved has deteriorated more than 50% of its original value by virtue of fire and by virtue of age or normal wear and tear or other elements.
(d)
That the moving of such house, building, or structure upon the lot or tract of land would cause injury to persons or property or damage to the streets or other public improvements.
(e)
That the applicant cannot ensure that he has the financial resources to bring the building up to City standards within one hundred eighty (180) days after completion of the move.
(6)
If the City Manager shall grant the request to move such house, building, or structure, the Building Official shall cause a building permit to be issued authorizing the moving of such house, building, or structure upon the lot or tract of land under such conditions, requirements, or restrictions as the City Manager shall determine.
(7)
The Building Official shall not issue a certificate of occupancy and compliance for the use of such house, building, or structure until it complies with all requirements of all applicable ordinances of the City and all required wood destroying insect treatment and related repairs are completed.
(Ordinance No. 09-2004 of May 13, 2004; Ordinance No. 14-2012 of May 10, 2012, Sec. 1)
D.
SAFETY REQUIREMENTS
(1)
No person, firm, or corporation shall move any house, building, or structure over, across, or along any public street in the City, except in accordance with the regulations for moving structures along City streets which shall be established by the City Council.
(2)
Every house, building, or other structure being moved over, across, or along any public street after dark shall be equipped with sufficient lights continuously burning for the protection of the public. There shall be a minimum of five (5) red lights placed on each side of the building in such manner as to indicate the extreme width, height, and size of such house, building, or structure.
(3)
No house, building, or other structure shall be parked or left standing for any period of time upon any public street in the City, except when in continuous travel upon said public street.
(4)
When more than fifty percent (50%) of the street is occupied at night by the house, building, or other structure, or when in the opinion of the Building Official, flagman are necessary to direct or caution traffic, the owner or person moving such house or building shall employ, at their expense, two (2) flagmen to remain continuously with such house or building while the same is upon the public streets of the City.
(Ordinance No. 09-2004 of May 13, 2004)
E.
EXCEPTIONS AND EXEMPTIONS NOT REQUIRED TO BE NEGATIVED
In any complaint and in any action or proceedings brought for the enforcement of any provision of this section, it shall not be necessary to negative any exception, excuse, provision, or exemption contained in this section, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
(Ordinance No. 09-2004 of May 13, 2004)
F.
FINANCIAL RESPONSIBILITY
Inspection costs. All costs attributable to inspections of any house, building or structure, as required by this chapter shall be borne by the owner. Fees shall be levied in amounts set by City Council resolution. Fees may include the following and such others as may be imposed by City Council:
(1)
Time, including travel time, of inspection personnel, when inspections are made outside city limits.
(2)
Travel expense including a mileage, meals and incidental costs attributable to the inspection administered in conformity with city policies, when inspections are made outside city limits.
(3)
Cost of engineering or other consultants.
(Ordinance No. 09-2004 of May 13, 2004)
G.
VIOLATIONS AND PENALTIES
(1)
Failure of the owner to complete the facility and secure a Certificate of Occupancy from the Building Official within the time specified by this chapter may result in an order to remove the structure from within the City. The owner shall be given thirty (30) days to remove the structure after written notice. An appeal of the order to remove the structure may be made to the Board of Adjustments, by giving written notice to the Building Official within ten (10) days of receipt of notification to remove the building. The Board of Adjustments may extend the period to obtain the Certificate of Occupancy for a specific additional period or deny the appeal. In the event that the appeal is denied, the owner shall remove the structure from the City within thirty (30) days.
(2)
Any person, firm, or corporation who fails to comply with, or violates, any part of this section shall be subject to the penalties pursuant to Section 1 GENERAL (G) PENALTY, herein.
(Ordinance No. 09-2004 of May 13, 2004)
H.
CONFLICTS
Where the provisions of other Sections of these Building Regulations shall conflict with this section, the more restrictive shall prevail.
(Ordinance No. 09-2004 of May 13, 2004)