Article 2. Building Moving and Demolition

§9-201   Falls City Code   §9-201

Article 2. Building Moving and Demolition
§9-201 BUILDING MOVING; REGULATIONS. It shall be unlawful for
any person, firm, or corporation to move or dismantle any building
or structure within the Municipality without a written permit to do
so. Application may be made to the Municipal Clerk, and shall
include the location of the building to be moved or dismantled, the
proposed route, the equipment to be used, and such other
information as the Governing Body may require. The application
shall be accompanied by a certificate issued by the County
Treasurer to the effect that all the provisions regulating the
moving or demolition of buildings have been complied with on the
part of the owner of the real estate upon which the said building
is presently located. The Municipal Clerk shall refer the said
application to the Governing Body for approval of the proposed
route over which the said building is to be moved. Upon approval
of the Governing Body, the Municipal Clerk shall then issue the
said permit; provided, that a good and sufficient corporate surety
bond, certified check, or cash in an amount set by motion of the
Governing Body, but in no event less than five thousand ($5,000.00)
dollars with is filed the Municipal Clerk prior to the granting of
any permit. The surety bond, cashier’s check of cash shall be
conditioned upon moving or dismantling said building without doing
damage to any private or Municipal property, compliance with all
municipal ordinances in completing the work, payment of all charges
in connection with said work and proper restoration of the
premises. Said permit will be valid for a period of sixty (60)
days from the date of its issuance and a new permit will be
required for any moving or dismantling after said date of
termination. In the event it will be necessary for the licensed
building mover to interfere with the telephone of telegraph poles
and wires, or a gas line, the company or companies owning, using,
or operating the said poles, wires, or line shall upon proper
notice of at least twenty-four (24) hours, be present and assist by
disconnecting the said poles, wires, or line relative to the
building moving operation. The applicant in such case shall first
present to the Municipal Clerk a written statement signed by the
Utilities Superintendent, the Municipal Engineer and the local
agent of the company whose wires, poles, or fixtures may be
affected or disturbed setting forth the estimated expense incident
to the necessary changing, cutting, removing, raising, lowering, or
handling of such wires, poles, or fixtures in the instance of such
person or company so affected. All expense of the said
disconnection, removal, or related work shall be paid in advance by
the licensee unless such disconnection or work is furnished on
different terms as provided in the said company’s franchise.
Whenever the moving or dismantling of any building necessitates
interference with a water main, sewer main pipes, or wire, notice
in writing of the time and route of the said building moving
operation or dismantling operation shall be given to the various
officials in charge of the Municipal utility departments who shall
proceed in behalf of the Municipality and at the expense of the
mover or dismantler to make such disconnections and do such work as
is necessary. All such connections must be capped and sealed and
meet the approval of the Building Inspector and Utilities
Superintendent. Upon finding that all requirements have been
complied with, the Municipal Clerk shall then issue a written
permit for the move and dismantling specified and shall collect the
permit fee set by resolution of the Governing Body and on file at
the office of the Clerk. Such fee shall immediately be deposited
in the General Fund. Nothing herein shall be construed to preclude
recovery from the owner of the building or structure so moved or
from the person moving the same of any and all damages that may be
caused in excess of the amount estimated and deposited. (Ref. 17-
142 RS Neb.)
Following the removal or demolition of any building within the
Municipality all basements and foundations shall be filled to grade
and all sewer lines and water lines or portions thereof capped
unless a building permit is issued within sixty (60) days. Any
bond required of the building mover or demolitioner shall not be
returned until said work is complete or new construction has
commenced unless the owner of the premises posts a bond, cash or
certified check of equal amount. The owner of the premise may
apply to the Mayor and City Council for an extension to the
commencement of construction for up to an additional six months but
only upon the filing of a replacement bond, cash or certified check
or with the written consent of the building mover or demolisher to
hold his funds during the six month period. The granting of such
extension shall be at the sole discretion of the Mayor and City
Council. During any period in which a basement is allowed to
remain unfilled without construction the owner shall erect a solid
fence of at least 48 inches in height around said basement. (Ref.
17-142 RS Neb.)
such time as the building moving or dismantling has been completed,
the Municipal Police or Engineer shall inspect the premise and
report to the Municipal Clerk as to the extent of damages, if any,
resulting from the said relocation or dismantling, whether any
Municipal ordinances have been violated during the said operation,
and whether all basements and foundations have been filled to grade
and all sewer and water lines capped. Upon a satisfactory report
from the Municipal Police or Engineer, the Municipal Clerk shall
return the corporate surely bond, cash, or certified check
deposited by the applicant. In the event damages have been
incurred or additional work is needed, the Governing Body may apply
the money or cashier’s check deposited for the purpose of defraying
the expense of correcting the said conditions or may proceed
against the bond. If the expense of correcting the condition is
greater that the amount of the deposit set by resolution of the
Governing Body, as required herein, the Governing Body may recover
such excess expense by civil suit or otherwise as prescribed by
law. (Ref. 17-142 RS Neb.)