§ 300-50. Moving and demolition of buildings.

(a)

Moving of Buildings.

(1)

No dwelling unit or other permanent structure shall be relocated within the City unless, when relocated, it meets all requirements of this zoning ordinance and other City Code requirements, and prior to the transportation of the structure, the relocation has been approved by moving permit issued by the City.

(2)

Where application for a permit to move a structure or a portion thereof has been filed and the requisite moving permit fee paid, where written agreement regarding cleanup of the site has been signed and where all other applicable ordinances of the City have been complied with and all other permit fees paid, the Development Director shall be authorized to issue a moving permit to the applicant.

(3)

A permit to move a structure or any portion thereof from inside the City to a point inside or outside the City shall not be issued until the applicant has posted performance surety in the amount of $5,000.00 with the Development Department. The performance surety may be in the form of cash deposited with the City, or a bond, irrevocable letter of escrow or letter of credit from a bank or other financial institution in a form acceptable to the Development Director or Development Director. The performance surety shall be released to the applicant after the structure has been moved, and any damages to City property caused by the move have been repaired by the applicant. In the event the permit holder should fail to comply with these requirements, all or any portion of the performance surety shall be applied by the City to the cost of the City performing the work to the premises or location from where the structure was moved or performing the repairs to City property damaged as a result of the move. In the application for the moving permit, the applicant shall grant in writing unto the City, its agents or employees, the right to enter upon the premises to perform the work.

(4)

The application for a moving permit shall include information as to the route, date, and time of the move which shall be subject to the approval of the Development Director.

(5)

The mover shall, in writing, indemnify the City and hold the City harmless from any and all damages which the City may suffer and from any and all liability claims including interest thereon, demands, attorney's fees, and costs of defense, or judgment against it, arising from damages caused by the move of the structure.

(b)

Demolition of Buildings.

(1)

Whenever any person desires to demolish any house, dwelling, apartment or other similar structure formerly used for human habitation or any commercial, industrial or other structure formerly used in the conduct of any trade or business, he or she shall, before being entitled to the issuance of a demolition permit, agree in writing that he or she shall, following the demolition of the structure, take all necessary action, including that specified in this Section 300-52, to ensure that the premises or location where the structure is demolished shall be left in a sanitary condition and free from all trash, debris and structures which might become a harboring place for insects, rodents or vermin.

(2)

The applicant shall also be responsible for proper removal of all hazardous material in compliance with U.S. Environmental Protection Agency regulations contained in 40 CFR 61, Subparts A and M and 29 CFR 1910 and 1926. The applicant shall further be responsible for the proper disposal of solid waste containing asbestos in accordance with the "Georgia Asbestos Safety Act" and the "Georgia Air Quality Act of 1978."

(3)

A temporary fence may be erected to keep out trespassers during demolition and cleanup.

(4)

A permit or bond shall not be required for the demolition of barns, sheds or other accessory buildings where the structure was not used for human habitation or any commercial, industrial, trade or business purpose, or any building not having gas, water, electricity and other utilities connected.

(5)

It shall be unlawful to demolish any house, dwelling or other similar structure formerly used for human habitation or any commercial, industrial or other structure formerly used in the conduct of any trade or business without a permit.

(c)

Duty to Restore Premises to Safe and Sanitary Condition. After the removal of the structure as set forth in Subsection 300-50(b), the owner of the location or premises on which the structure was located shall be required to take necessary action to ensure that such location or premises shall be left in a safe and sanitary condition and shall be specifically required to do the following:

(1)

Remove all trash, debris, garbage and other similar material.

(2)

Fill all holes and depressions caused by the removal of any part of the structure, or caused as a result of compliance with this Section 300-50, which might become a harboring place for insects, rodents or vermin.

(3)

Tear down and remove all underpinnings, pilasters, steps, plumbing connections and fixtures above ground level.

(4)

Seal, close-off, and make gastight and watertight all water, gas and sewer lines.

(5)

Fill or cover all wells with a concrete cap.

(6)

Remove any temporary fencing installed to keep out trespassers during demolition and cleanup.

(d)

Time Limits for Premises Restoration; Failure to Restore Premises. All persons to whom this Section is applicable shall comply with the provisions of this Section within 30 calendar days following the date of the removal of any structure specified in this Section.

(e)

Transporting of Structures; When Structure May be Transported; Insurance Coverage; Removal and Replacement of Roadway Obstacles; Removal of Trees; Law Enforcement Officer Escort; Notification of Move.

(1)

Structures regulated in this Section shall only be moved on Mondays through Thursdays between the hours of 10:00 a.m. and 3:00 p.m. unless otherwise approved in writing by the Development Director.

(2)

Any individual, firm or corporation transporting any house, dwelling, apartment or other structure formerly used for human habitation, or any commercial building or other structure formerly occupied in the conduct of any trade or business across or along the public roads or highways of the County, shall be required to furnish proof that it has, in effect, public liability insurance in the amount of at least $500,000.00 combined single limit; to protect the property and persons who may be damaged as a result of the moving of the structure.

(3)

All mail boxes, highway signs, and other movable obstacles to the move of the structure and located in the street right-of-way shall be removed as the structure approaches such an obstacle and re-erected immediately after the structure passes such obstacles in equal or better condition than prior to removal.

(4)

Trees located in the street right-of-way shall not be removed or trimmed without the written permission of the County Department of Transportation.

(5)

During the move, all structures shall be provided with an escort by a City law enforcement officer at the mover's expense.

(6)

For moving a structure or any portion of a structure for which a moving permit has been issued, the mover shall provide at least two calendar days' notice to the Police Department prior to the date of moving.

(Ord. No. 743 , 12-19-17)