Chapter 17.48 Moving Buildings


17.48.010 Permit Required.

(Amended by Ordinance No. 140207, effective Aug. 1, 1975.) It is unlawful for any person to move any building or structure through any street or to occupy any portion of any street for the removal of any building or structure, without first obtaining a permit as provided in this Chapter and paying the fees elsewhere prescribed in Section 17.24.020.


17.48.020 Application and Fee Deposit.

(Amended by Ordinance No. 140207, effective Aug. 1, 1975.) Application for a permit for moving a building or structure shall be in writing, shall state the number of the lot and block upon which the building is located, the size of the building, the number of the lot and block to which it is proposed to remove the same, the route proposed to be taken, the length of time required for moving, and the name of the owner of the building or structure. Each application shall be accompanied by a fee as prescribed in Section 17.24.020. The application fee is nonrefundable and is in addition to the permit issuance fee, which shall be collected prior to the issuance of the permit.


17.48.030 Moving Permit.

(Amended by Ordinance Nos. 140207, 173627, 180917, 182389, 182760 and 184957, effective November 25, 2011.)

 

A.  When a building to be moved does not exceed three stories in height, the Director of the Bureau of Transportation may issue a moving permit, fixing the route to be used for the move, with the prior approval of the Traffic Engineer of the route, and upon the terms as he or she may deem necessary.  The Director of the Bureau of Transportation shall keep a copy of the permit so issued.

 

B.  When a building to be moved exceeds three stories in height, any permit for moving shall be issued by the Council by ordinance.  The Ordinance shall set forth any conditions upon the moving which may be deemed necessary and which are not provided for in this Chapter, and shall set forth the Director of the Bureau of Transportation’s estimate of the cost to the City of issuing the permit, investigating the application, and supervising the moving, to be paid by the applicant for permit as a part of the fee elsewhere prescribed in Section 17.24.020.

 

C.  No moving permit shall be issued until the applicant shall have filed with the Auditor an insurance policy or certificate of insurance and form of policy for public liability insurance naming as additional insured’s the City, its officers, agents and employees, in the amounts of at least $1,000,000 (one million dollars), or the maximum limits of the Oregon Tort Claims Act as subsequently amended, whichever is greater; the insurance shall also contain a provision that it shall not be cancelable during the term of the permit.

 

D.  A moving permit shall not be issued until the applicant has deposited with the Treasurer a sum sufficient, in the judgment of the Director of the Bureau of Transportation, to cover the cost of repairing any and all damage or injury to street or streets, or the improvements therein including street trees, which may result from the moving operation, and also such sums as the Bureau of Transportation and Portland Fire & Rescue, and any other City bureau involved, may require to cover the cost of moving, repairing, restoring or replacing any wires, signals or other properties or installations which may be necessary in preparation for or in consequence of any moving operation.  Upon completion of the moving operation, the bureau or bureaus which may have required such deposit and the Director of the Bureau of Transportation shall submit to the Treasurer a statement of the costs of any operations, repairs or replacements occasioned by or as the result of the moving operation, and other information as the Treasurer may request, in order to reimburse the proper account from the money so deposited, and shall authorize the Treasurer in writing to refund the remaining portion of such deposit, if any, to the depositor.  If the cost exceeds the amount deposited, the depositor shall promptly reimburse the affected bureau or bureaus for such additional cost.


17.48.040 Regulations.

(Amended by Ordinance Nos. 182760 and 184957, effective November 25, 2011.)  The moving of a building or structure under a moving permit shall be continuous day‑by‑day during all the hours specified by the Director of the Bureau of Transportation until completed, with the least possible obstruction to the streets occupied.  It is unlawful for any person moving a building or structure under a moving permit to leave said building or structure or any portion thereof stationary in the street, road or highway area for a period in excess of 2 hours during the hours of the day specified by the Director of the Bureau of Transportation, unless an emergency exists by reason of unforeseen difficulties encountered in cutting wires, trees, or removing obstructions in the course of the route selected.  Removal and pruning of trees shall be conducted in accordance with the City Forester’s requirements including the need to obtain tree permits.  All movement in the street area must be completed within an elapsed time of 36 hours unless application is made for a longer period of time and permission specifically granted therefore by the Director of the Bureau of Transportation prior to the commencement of any movement; provided, however, that if any unforeseen difficulties are encountered and an extension of time necessitated thereby is requested from the Director of the Bureau of Transportation prior to the expiration of 36 hours from the commencement of the moving operation, the Director of the Bureau of Transportation may extend the 36 hour time by specific additional time as deemed necessary.

Red lights or other warning devices sufficient to warn and protect traffic shall be displayed in conspicuous places at or on a building or structure being moved during the hours in which streetlights are lighted.  The Director of the Bureau of Transportation may require additional warning devices based on findings that the warning devices displayed by the mover are insufficient.


17.48.050 Cutting Wires in Moving Operation.

(Amended by Ordinance Nos. 182760 and 184957, effective November 25, 2011.)  When overhead wires in any street designated in a permit for moving a building or structure will interfere with the moving operation, the permittee shall give to the owner of the wire, including the City when it is the owner, 48 hours notice of intent to have the wire temporarily removed.  The permittee shall pay in advance or tender to the owner, other than the City, the amount estimated to be necessary to remove the wire and replace the same.  When the City owns the wire, the cost of temporary removal and replacement shall be included in the requirement for deposit prerequisite to permit, as provided in this Chapter.  If the permittee disputes the amount demanded by the owner as the advance or tender, the amount shall be determined by the Director of the Bureau of Transportation.  The permittee of a moving permit shall pay the actual expense of removing and replacing the wire, and as soon as the actual expense can be determined the permittee shall immediately pay any deficit and the owner shall refund any surplus to him or her.  Upon receipt or tender of the amount estimated or the amount fixed by the Director of the Bureau of Transportation in case of dispute, the owner of the wire shall remove it in time to permit the passage of the building or structure without unnecessary delay.