On August 23, 2010 the Missoula, Montana City Council held a . . .

"Public hearing on an ordinance amending Chapter 15.44 and renaming the chapter from ―House Moving to ―Oversize Loads and House Moving‖ to include oversize loads and update fees and regulations and an emergency ordinance amending Chapter 15.44 and renaming the chapter from ―House Moving to ―Oversize Loads and House Moving‖ and amending Chapter 5.70 ―House Moving to include oversize loads and update fees and regulations, enacted as an emergency ordinance in order to have terms and conditions clearly established prior to the commencement of the Kearl Module Transportation project, which will move a large number of oversize loads through Missoula."

- (Text: courtesy of the Missoula City Council Agenda for August 23, 2010 -

The emergency ordinance passed unanimously.

DRAFT DATED August 6, 2010

ORDINANCE NUMBER _______

AN EMERGENCY ORDINANCE AMENDING CHAPTER 15.44 AND RENAMING THE CHAPTER FROM “HOUSE MOVING” TO “OVERSIZE LOADS AND HOUSE MOVING” AND AMENDING CHAPTER 5.70 “HOUSE MOVING” TO INCLUDE OVERSIZE LOADS AND UPDATE FEES AND REGULATIONS,.

ENACTED AS AN EMERGENCY ORDINANCE IN ORDER TO HAVE TERMS AND CONDITIONS CLEARLY ESTABLISHED PRIOR TO THE COMMENCEMENT OF THE KEARL MODULE TRANSPORTATION PROJECT, WHICH WILL MOVE A LARGE NUMBER OF OVERSIZE LOADS THROUGH MISSOULA.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTERS 15.44 AND 5.70 MISSOULA MUNICIPAL CODE BE AMENDED AS FOLLOWS:

SECTION 1:

Chapter 15.44

OVERSIZE LOADS AND HOUSE MOVING*

15.44.010 Purpose.

15.44.020 Scope.

15.44.030 Permit.

15.44.040 Permit--Completion requirement.

15.44.050 Permit--Fees.

15.44.060 Grounds for refusal of permit.

15.44.070 Permit duties for the mover.

15.44.080 Identification mark.

15.44.090 Storage of building.

15.44.100 Supervision of house moving.

15.44.110 Violation--Penalty.

*Prior history: Prior Code §§5-9--5-15 and Ord. 2162.

15.44.010 Purpose. The purpose of this chapter is to provide safeguards to life, limb, health, property and public welfare by regulating and controlling the moving of any oversize load, house, building or part thereof into, out of, within or through the city. (Ord. 2357 54, 1983)

15.44.020 Scope. The provisions of this chapter shall apply to any oversize load, house, building, or part thereof which is:

(1) outside the city intended to be relocated within the city;

(2) within the city being relocated outside the city limits;

(3) within the city and being relocated within the city; and

(4) being moved through the city on city streets, except that moves through the city that solely make use of Reserve Street within the city and Highway 93 south from the Reserve Street intersection within the city if the move does not involve physical contact with or require the movement, adjustment or stoppage of a traffic-control signal are not within the scope of this chapter, but such moves must be in compliance with Montana State law and administrative regulations applicable to oversize load motor vehicle traffic and house movers.

(5) being moved within or through the city where traffic flow is adversely affected for more than ten (10) minutes.

(4) The provisions of this chapter shall include, when appropriate: the restoration of the original structure site, the intended site, the movement between sites, and any temporary storage sites. "Oversize load", "House" or "building" includes all oversize loads, houses and buildings or any part thereof that comes within the scope of this chapter, and as defined in the .provisions of Title 61 of the Montana Code Annotated (MCA). (Ord. 2485 §1, 1986; Ord. 2357 §5, 1983).

15.44.030 Permit.

A. Permit Required. Except as provided in subsection B of this section, no person, partnership, corporation, firm or association shall move an oversize load, house or building or part thereof into, out of, within, or through the city without first obtaining an oversize load/ housemover's license pursuant to Chapter 5.70 of this code and a moving permit as provided for in this chapter. A moving permit is required for each separate oversize load, house or building or any part thereof that is moved separately and whose size comes within the provisions of this chapter. The building official shall have the oversize load, house or building inspected prior to the move in order to ensure that it can be safely moved through the city streets pursuant to the provisions of this chapter.

B. Exceptions to Required Permit or Oversize Load/Housemover's License.

1. Neither a moving permit nor an oversize load/ housemover's license is required pursuant to this chapter for the moving of a mobile home and similar sized factory-built buildings constructed totally at a factory where the loaded dimensions of the vehicle, trailer and load do not exceed maxi-mum dimensions for truck loads allowed by law with or without a special permit from the State Department of Highways Transportation pursuant to Chapter 10 of Title 61, MCA.

2. The operation or movement of a vehicle, combination of vehicles, load, object or other things of a size or weight not exceeding the maximum specified in Sections 61-10-101 through 61-10-110, MCA, and which move can be legally accomplished without an oversize permit from the state (pertaining to the size, weight and load regulations for motor vehicles upon any highway within the state) shall not require an oversize load/housemover's license or permit when operated or moved upon a street or highway. Standard maximum dimensions pursuant to Montana state law are:

a. Total outside width loaded or unloaded of one hundred two inches (eight and one-half feet);

b. Overall length inclusive of front and rear bumpers, whether unladen or with load, forty feet;

c. A vehicle unladen or with load may not exceed a height of thirteen feet six inches. See Sections 61-10-102 through 61-10-104, MCA.

3. No city oversize load/housemover's license or permit shall be required where the movement of any house, building, or part thereof that is being moved through the city from a location outside the city to a different location outside the city only when the moving route used within the city is solely Reserve Street and Highway 93 south from the Reserve Street intersection if the move does not involve physical contact with or require the movement, adjustment or stoppage of a traffic-control signal and as long as the move is made in compliance with Montana state law and administrative regulations applicable to motor vehicle traffic and house movers.

4. The movement of any of the excepted loads identified in this chapter must comply with all other city ordinances pertaining to motor vehicle traffic, including but not limited to, compliance with city truck route regulations to the extent feasible. Further, if the house or building being moved within the city is to be relocated within the city, the relocation of the house or building must be in compliance with all city ordinance provisions, including but not limited to, compliance with all city zoning, building and fire regulations.

5. All movement of oversize loads, houses, or buildings that do not require a city oversize load/housemover's license or permit, but cause traffic flow to be adversely affected for more than ten (10) minutes, shall require notification to the Public Works Department and Police Department.

C. Application. The application for a moving permit shall be filled out with the information required in this section:

   1.      Part 1--Original Site. Name of building owner; address of site; legal description; bond owner and bond number for restoration.

   2.      Part 2--Proposed Site. If the house or building is relocated within the city, the following information shall be provided: Name of owner; address of site; legal description; current zoning; bond owner and number for site completion. 

   3.      Part 3--Information with Respect to Mover. Name; address; state housemover's license number and city business license number.

   4.      Part 4--Additional Information.

          a.           A photograph and description of the oversize load or building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and conditions of exterior and interior;

          b.           Site plan of proposed site, showing location of the building and all other buildings on the property; fully dimensioned;

          c.           Foundation plan for the proposed site;

          d.           Proposed moving date;

          e.           Moving time including date(s) and anticipated time length of move;

          f.            List complete moving route including a traffic control plan.

Items a through c of this subdivision apply only to relocation of house or building or part thereof within the city.

D. Zoning Review. The city zoning officer must review the site plan and other materials submitted in this section and determine that the building, as relocated, will meet all requirements of Chapter 20 19 of this code pertaining to zoning. (Ord. 2485-§2, 1986; Ord. 2357 §6, 1983).

15.44.040 Permit--Completion requirement. Any house or building or part thereof moved into, out of, within or through the city shall be accomplished in accordance with the building codes and following procedures:

A. Completion of Relocation Site Preparation. The owner of the property or his representative shall submit a site plan of the proposed relocation site and appropriate plan review fee, and completed application. Upon city approval pursuant to the provisions of this chapter and upon the owner(s) filing a bond of twenty two thousand dollars ($20,000) with the city that guarantees completion of the relocation site work within six months of the moving permit's issuance, a moving permit shall be issued, and extensions to this completion time shall be approved only by the plat, annexation and zoning committee of the city council. Any appeal shall be presented to the city in time for consideration by the city council at its next regular or special meeting after the plat, annexation and zoning committee has made its decision.

B. Restoration of Existing Site. If the existing site from which the house or building is being moved is within the city, the mover, structure owner, real property owner, or prime contractor shall present a bond for twenty two thousand dollars ($20,000) to guarantee that the existing site shall be satisfactorily restored to protect public health and safety prior to the issuance of the moving permit.

C. Oversize load, House or Building Moving on any City Street. Upon compliance with the application and bond provisions of subsection A, if applicable, and subsection B, the mover shall then circulate the application accompanied by the traffic routing and traffic control plan for approval by the following city departments:

1. Public works;

2. Park department;

3. Police department;

4. Fire department.

Further, the mover shall comply with all provisions of state laws and Administrative Rules of Montana pertaining to notifying and working with all utilities in order to accomplish the movement of any oversize load, house or building or part thereof in a safe manner. The mover shall consult with all utilities as to the most appropriate traffic route for a movement of any house or building or part thereof. Upon the applicant's notification to and consultation with the utilities and upon approval of the application by all city departments whose approval is required by this chapter, the mover shall be issued a moving permit. The physical move shall be completed within five business days or as extended by the city engineer taking into consideration the Administrative Rules of Montana and all state law pertaining to authorized time(s) allowed for moving oversize loads, houses or buildings. (Ord. 2629 S1, 1988; Ord. 2357 S7, 1983).

15.44.050 Permit--Fees. Fees for the issuance of a permit to move any oversize load, house or building shall be as set forth below. If any one measurement of the building exceeds the maximum given in any one fee schedule, the fee shall be determined by the next larger schedule. Permit fees shall be deposited in the City General Fund.

A. An oversize load, A house or building or part thereof that when loaded onto its means of transportation is eight feet six inches wide but less than fifteen feet wide, and less than twenty-two feet in length and less than thirteen feet six inches in height, a permit fee of forty ten dollars ($40) each, or for an annual city business licensure year from July 1st to June 30th an annual permit fee of one hundred fifty seventy-five dollars ($150) for the movement of oversize loads, houses or buildings or parts thereof that are entirely within the size limitations set forth above in this subsection. Even though an annual permit may be purchased for moves made pursuant to this subsection, the annual permittee shall still be required to submit each move that comes within the provisions of this subsection to the city for review pursuant to this chapter.

B. If the existing site from which the house or building is being moved is within the city, the real property owner shall present a bond for twenty two thousand dollars ($20,000) to guarantee that the existing site shall be satisfactorily restored to protect public health and safety within forty-five days of the date of the issuance of the moving permit.

C. An oversize load, A house or building or part thereof that when loaded onto its means of transportation is twenty-six feet or more wide, and thirty-six feet or more in length, and twenty feet or more in height, a fee of two one hundred dollars ($200) each. 

D. If the building official or city engineer requires the services of a city employee(s) as an inspector while the oversize load, house or building or part thereof is in transit, a fee of fortyseventy-five twenty dollars ($40)($75) per hour per person shall be paid for all time spent on the inspection. If parks and recreation personnel are required to be in attendance at the move, a fee of ten dollars per person per hour shall be paid.

E. Multiple Moves. Whenever it is proposed that an oversize load, a house or building be moved in more than one part, a moving permit shall be obtained for each part moved that comes within the provisions of this chapter. The primary permit fee shall be based upon the size of the largest part. Each additional permit for each part shall be based on the actual size of the remaining parts.

at a rate of fifty percent of the primary fee for each part moved. The reduced fee rate for moving additional parts of the same house or building shall only be available to the applicant if the following criteria are met:

1. The same mover moves all parts of the house or building;

2. The same route will be used for moving all parts of the house or building;

3. The city's review pursuant to this chapter was performed on the larges part of the house or building as well as the total number of moves;

4. The same moving equipment as originally inspected is used throughout the moves of all the parts;

5. All additional inspection costs, including but not limited to the costs set forth in subsection D of this section for all moves, shall be paid at the time of obtaining the permit, unless the fees are incurred during transit, in which case the fees must be paid within five city business days of the date on which the costs were incurred. The mover's bond shall not be released by the city until these costs are paid by the mover. The city also may proceed against the mover's bond to collect these costs if it deems it necessary to do so. (Ord. 2485 §3, 1986; Ord. 2357 §8, 1983).

15.44.060 Grounds for refusal of permit. The building official shall refuse to issue a moving permit if he or she determines:

A. That any application requirement of any fee or deposit requirement has not been complied with;

B. That the oversize load or building is too large to move without endangering persons or private or public property, including trees and other public improvements as determined by the Building Official;

C. That the oversize load or building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city as determined by the Building Official;

D. That the oversize load or building is structurally unsafe or unfit for the purpose of its intended future use if the relocation site is in the city as determined by the Building Official;

E. That the applicant's equipment to be used for moving the oversize load, house or building or part thereof is unsafe and that persons and property would be endangered by its use as determined by the Building Official;

F. That city zoning, building, fire or other codes or ordinances would be violated by the building in its new location, if the relocation site is in the city;

G. That for any other reason persons or property in the city would be endangered by the moving of the oversize load, house or building as determined by the Building Official, Public Works Department, or Police Department;

H. That the proposed route would cause excessive traffic congestion as determined by the Public Works Department or the Police Department;

I. That the time period in which the move would be taking place would cause excessive traffic congestion as determined by the Public Works Department or the Police Department;. (Ord. 2357 §9, 1983).

15.44.070 Permit duties of the mover. The duties of the permittee shall be as follows:

A. To move the oversize load, house or building or any part thereof that comes within the scope of this chapter only over streets designated for such use in the written permit. If an emergency arises during the move, the mover may make slight changes in the route as long as the changes can be achieved without unduly endangering persons or property.

B. To request in writing any change in the moving date or hours approved in the application. Such changes must be approved in writing by the city engineer.

C. To notify the city engineer in writing of any and all damage done to property within a public right-of-way within twenty-four hours after the damage or injury occurred, and further comply with all state law accident reporting procedures.

D. To cause flashing yellow lights to be displayed on every side of the oversize load, house or building or part thereof if it is temporarily parked on a street or anywhere else within the public right-of-way. The flashing yellow lights shall be placed in such a manner as to warn the public of the obstruction.

E. At all times erect and maintain barricades across the street in such manner as to protect the public from damage or injury.

F. To remove the oversize load, house or building or part thereof from the city streets public right-of-way after two days of such occupancy unless an extension is granted by the city engineer. (Ord. 2357 §10, 1983).

15.44.080 Identification mark. All oversize loads, houses or buildings or parts thereof to be moved shall during the process of being moved have prominently displayed on the oversize load, house or building or part thereof both the name of the moving contractor and the moving permit number by which the oversize load, house or building or part thereof can be readily identified. Such identifying mark shall be placed on the house or building or part thereof prior to moving. (Ord. 2357 §11, 1983).

15.44.090 Storage of building. If a permanent relocation site for a house or building or part thereof that is to be moved pursuant to this chapter is unavailable at the time an initial move via or across any street or roadway is necessitated for whatever reason, and the relocation is for a period in excess of seventy-two hours, the building may be stored at a temporary storage location off public right-of-way. This will be handled as the receiving site on the permit application. The temporary storage shall be for a period of no more than forty-five days. Buildings may be stored indefinitely on an area zoned I-2, M2-4 so long as they comply to the extent possible with the zoning provisions applicable to an I-2 M2-4 zone. At any time during the storage period the building official may order the stored building moved to another location if he determines that the storage constitutes a danger to the public health, safety and welfare. (Ord. 2357 §12, 1983).

15.44.100 Supervision of house moving. The actual oversize load, house, or building movement shall be under the supervision of the city engineer, who shall determine any precautions deemed advisable for the protection of the streets, abutting structures, trees, foliage or any other property of the city. No oversize load, house or building or part thereof shall be moved without pilot vehicles or flag persons front and rear on any oversize load, house or building or part thereof twelve feet or more in width; or over thirty-six feet in length or more; or over twelve feet six inches in height. Such pilot cars or flat persons are to be provided by the mover at the mover's expense. No oversize load, house or building or part thereof shall be moved which shall cause an extensive deprivation of any public utility service to the citizens of the city. Whenever in the judgment of a city department the moving of an oversize load, a house or

building or part thereof requires tree trimming, and/or removal and replacement of facilities by city forces, the costs of such work shall be borne by the permittee. Payments for those costs shall be made within five city business days of the date the costs are incurred and prior to the city's release of the mover's bond. (Ord. 2357 §13, 1983).

15.44.110 Violation--Penalty. Every person found guilty of violating any of the terms or provisions of this chapter shall be deemed guilty of a misdemeanor and shall. be fined not less than one hundred dollars or no more than five hundred dollars, by imprisonment in the city jail for a period not exceeding thirty days or by both such fine and imprisonment. (Ord. 2357 §14, 1983).

SECTION 2:

Chapter 5.70

OVERSIZE LOAD/HOUSE MOVING

5.70.010 License--Required. Any person engaged in the business of moving any oversize load, house or structure into, out of, through, or within the city limits shall first obtain an oversize load/housemover's license, the annual fee of which shall be as determined pursuant to this title. (Ord. 2357 §1, 1983: Ord. 1918, 1978: prior code §5-6).

5.70.020 License--Generally.

A. Any person desiring to obtain such a license shall make application to the building officialCity Treasurer and shall accompany such application with an acceptable bond in the sum of ten twenty thousand dollars, which shall indemnify the city against damages to thoroughfares, and shall also submit a property damage and personal liability insurance policy containing the coverage and policy limits required for building contractors pursuant to this title.; or in the alternative, submit a property damage and personal liability insurance policy containing these coverage and policy limits that is applicable to the moving project but issued to the structure owner, real property owner or prime contractor involved in the moving project.

B. Upon presentation of such application, bond and policy or policies, the building officialCity Treasurer, in consultation with the Building Official and cCity eEngineer, shall examine the qualifications and equipment of the applicant and shall either approve, conditionally approve or disapprove the application. In the event the application is approved or conditionally approved, the city treasurer shall issue the license. Any conditions to which the license may be subject shall be written to the license. In the event the application is disapproved, the city treasurer shall not issue the license; provided, however, the applicant may within thirty days of the disapproval appeal to an appropriate committee of the city council. The committee may affirm the decision of the building official and city engineer or modify the decision in any manner. (Ord. 2630 §1, 1988: Ord. 2357 §2, 1983: Ord. 2162 §2, 1980: prior code §5-7).

5.70.030 License--Compliance with state regulations. Each application for an oversize load/housemover's license shall furnish proof of compliance with all state regulations for such moving. (Ord. 2357 §3, 1984: prior code §5-8).

SEVERABILITY

If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect.

PASSED by a __ ayes, __ nays, __ abstentions, and __ absent vote and

APPROVED on this ____ day of _________, 2010.