ORD19991007COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #I007
AN ORDINACE TO AMEND CHAPTER 30
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
TO CREATE SECTION 30.081
(REGULATIONS FOR MOVING BUILDINGS)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 30 of the Municipal Code of the City of Muskego. Wisconsin is hereby
amended to create Section 30.081 to read as follows:
30.081 REGULATIONS FOR MOVING BUILDINGS
(1) GENERAL. No person shall move any building or structure upon any of the public right of
ways of the municipality without first obtaining a permit therefor from the Building Inspector
and upon the payment of the required fee, Every such permit issued by the Building
Inspector for the moving of a building shall designate the route to be taken, the conditions to
be complied with, and shall limit the time during which said moving operations shall be
continued.
(2) MOVING DAMAGED BUILDINGS: No building shall be repaired, altered or moved within or
into the municipality that has deteriorated or has been damaged by any cause, (including
such moving and separation from its foundation and service connections in case of moved
buildings), fifty (50) per cent or more of its equalized value, and no permit shall be granted
to repair, alter or move such building within or into the municipality.
(3) CONTINUOUS MOVEMENT. The movement of buildings shall be a continuous operation
during all the hours of the day, and day by day and at night, until such movement is fully
completed. All of such operations shall be performed with the least possible obstruction to
thoroughfares. No building shall be allowed to remain overnight upon any street crossing or
intersection, or so near thereto as to prevent easy access to any fire hydrant or any other
public facility. Lighted lanterns shall be kept in conspicuous places at each end of the
building during the night.
(4) STREET REPAIR: Every person receiving a permit to move a building shall within one day
after said building reaches its destination, report that fact to the Building Inspector who shall
thereupon in the company of the municipal highway commissioner, inspect the streets and
highways over which said building has been moved and ascertain their condition. If the
removal of said building has caused any damage to any street or highway, the person to
whom the permit was issued shall forthwith place them in good repair as they were before
the permit was granted. On the failure of the said permittee to do so within ten (IO) days
thereafter to the satisfaction of the governing body, said body shall repair the damage done
to such streets and hold the person obtaining such permit and the sureties on his bond
responsible for the payment of same. a (5) CONFORMANCE WITH CODE: No permit shall be issued to move a building within or into
the municipality and to establish it upon a location within the said municipality until the
Building Inspector has made an investigation of such building at the location from which it is
to be moved, and is satisfied from such investigation that said building is in a sound and 0
Ordinance # I007
Page 2
stable condition and of such construction that it will meet the requirements of this Building
Code in all respects. A complete plan of all further repairs, improvements and remodeling
with reference to such building shall be submitted to the Building Inspector, and he shall
make a finding of fact to the effect that all such repairs, improvements and remodeling are
in conformity with the requirements of this Building Code, and that when same are
completed, the building as such will so comply with said Building Code. In the event a
building is to be moved from the municipality to some point outside the boundaries thereof,
the provisions with respect to the furnishing of plans and specifications for proposed
alterations to such building, may be disregarded.
(6) BOND
(a) Before a permit is issued to move any building over any public way in this municipality,
the party applying therefor shall give a bond to the municipality in a sum to be fixed by
the Building Inspector and which shall not be less than One Thousand ($1,000) Dollars;
said bond to be executed by a corporate surety or two personal sureties to be approved
by the governing body or designated agent conditioned upon, among other things, the
indemnification to the municipality for any costs or expenses incurred by it in connection
with any claims for damages to any persons or property, and the payment of any
judgment together with the costs and expenses incurred by the municipality in
connection therewith, arising out of the removal of the building for which the permit is
issued.
(b) Unless the Building Inspector, upon investigation, shall find it to be a fact that the
excavation exposed by the removal of such building from its foundation shall not be so
close to a public thoroughfare as to permit the accidental falling therein of travelers or
the location, nature and physical characteristics of the premises and the falling into such
excavation of children under 12 years of age unlikely, the bond required by (a) shall be
further conditioned upon the permittee erecting adequate barriers and within forty-eight
(48) hours, filling in such excavation or adopting and employing such other means,
devices or methods approved by the Building Inspector and reasonably adopted or
calculated to prevent the occurrences set forth herein.
(7) INSURANCE: The Building Inspector shall require in addition to said bond above indicated,
public liability insurance covering injury to one person in the sum of not less than One
Hundred Thousand ($100,000) Dollars and for one accident in a sum not less than Two
Hundred Thousand ($200,000) Dollars, together with property damage insurance in a sum
not less than Fifty Thousand ($50,000) Dollars, or such other coverage as deemed
necessary.
(8) PLAN COMMISSION 'OR OTHER ASSIGNED BOARD OR COMMISSION
0
(a) No such permit shall be issued unless it has been found as a fact by the Plan
Commission' of the municipality by at least a majority vote, after an examination of the
application for the permit which shall include exterior elevations of the building and
accurate photographs of all sides and views of the same, and in case it is proposed to
alter the exterior of said building, plans and specifications of such proposed alterations
and after a view of the building proposed to be moved and of the site at which it is to be
located, that the exterior architectural appeal and functional plans of the building to be
architectural appeal and functional plan of the buildings already constructed or in the
moved or moved and altered, will not be so at variance with either the exterior
district established by the zoning ordinances of the municipality, or any ordinance
course of construction in the immediate neighborhood, or the character of the applicable
amendatory thereof or supplementary thereto, as to cause a substantial depreciation in
Ordinance #I007
Page 3 i'
-i
the property values of said neighborhood within said applicable district. In case the
applicant proposes to alter the exterior of said building after moving the same, he shall
submit with his application papers, complete plans and specifications for the proposed
alterations. Before a permit shall be issued for a building to be moved and altered, the
applicant shall give a bond to the municipality's Plan Commission', which shall not be
less than $1,000 to be executed in the manner provided in subsection (6) hereof to the
effect that he will within a time to be set by the Plan Commission*, complete the
proposed exterior alterations to said building in the manner set forth in his plans and
specifications. This bond shall be in addition to any other bond or surety which may be
required by ether applicable ordinances of the municipality. No occupancy permit shall
be issued for said building until the exterior alterations proposed to be made have been
completed.
(b) Upon application being made to be Building Inspector he shall request a meeting of the
Plan Commission* to consider applications for moving permits which he has found
comply in all respects with all other ordinances of the municipality. The Plan
Commission' may, if it desires, hear the applicant for the moving permit in question
andlor the owner of the lot on which it is proposed to locate the building in question,
together with any other persons, either residents or property owners, desiring to be
adjourned for a reasonable length of time, and within forty-eight (48) hours after the
heard, giving wch notice of Ihesril:g as they niny dem sufficient. Such hearing may be
close of the hearing, the Plan Commission' shall, in writing, make or refuse to make, the
finding required by subsection (8) hereof, and fib2 it in the cjffice of the clerk, who shall
send a copy of it to the Building lnspectcr
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or porti'm thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, fir unenforceable, such decision shall apply only to the specific section or
portion thereof directly specifkd in tlie decision, arld not affec! the validity of all other
provisions, sections or portion them: of the ordinan,ce which shall remain in full force and
effect. Any othlr srdinance whose terms conflict with the provisions of this ordinance are
hereby repealed as !CI those terms that conflict.
SECTION 3: This ordinance is in full force and sffed frorc and after its passage and
publication.
PASSED AND APPR0VE.D THIS-..Z'L DAY OF __ November , 1999
CITY OF MUSKEG0
ATTEST.
Published on the pday of December, 1999.
STATE OF "IsCoNsN )
Milwaukee County 1
) ss.
ORDIN~CEblOO7
AN OF+~CE TO AMEND C~ER SO
OF.THE MUNlCIPAL CODE OF THE~CITY'OF
MUSKEGO TO CREATE SECTION 90.081
(REGULATIONS FOR MOVING BUILDINGS)
MUSKEGO. WAUKESHA . COUNW, WKCONSIN DO ORDAIN AS FOI.I.OWR.
.THE COMMON COUNCIL 'OF THE CITY .OF,
". " " demgnatwthe route to be taken. the ronditions.to be
compIi+with. and ahall limit the time durlng which
asid mivingbperatiana shall be cointipid.
(21 MOVING DAMAGED BUILDR.IGS- No build-
ing aha1l:be repaired, alterid or moved wilhin or into
damaged by any cause, (including such moving and
the rmnicipahty that has deteriorated or haa been
' Beparation from'itll foundation and berYice cimec-
tions in EBB^ of moved buildings). fifty (601 per cent or
more af;ils equalized value.-~d 90 permit ahaU be
granted 10 repair. alter or move such building within
or inw,the municipality.
ofbuildings shall bea continuous operation during all
(31-CONTINUOUS MOVEMEN'? The movement
the hours of the.day;aod dey by day and.at night.
until .such movepent is fully completed. All of such
operations aball'be piif6rmid with the,least possible
obstructi&nrlo +mughhres. No building shall be
-Uowed to.remain oYernight.upon any Btreet crossing
.&sa to any fiie hydrant or &y other public fakility,
intersection. or so near thereto as to prevent easy
:hted lant-a ahall.be.kept in conspicuous placea
each end,of the buil&g,dming.the night.
permit to move a.building.'shhithrn one day after
(4) STREET REPAIR. 'Every person receiving a
said building reaches'its degtinstion. report that faCt
to the Building Inspector who~shall thereupon ,"<the
company of the municipal- highway !ommissioner.
inspect the afrepta and highways-over which said
building has been moved aid ascertain their condi-
damage to any street or highway, the person to whom
tion. If the removal.of said building has caused any
good repair as they were before the permrt was grant-
the permit waa,issued ahall'rorthwilh place.them in
ed. On'the failure ofthe sad permittee to do 80 with-
in ten (101 days thereafter to the satisfaction of the
governing body. said body ahall repair the ,damage
done to such streets and~hold the person obtaining
auch permit and the suretle? on h@ bond reaponaib!e
for the payment ofaaine. '.
(5) CONFORMANCE.WITH CODE NO p$rmit~ 3
.hall be issued to move a building iithin or inti the i
municipality and.to.ertabli@h.lt upqn a location brth.
t in the said m!nicipality until the Budding Inspecto;
has made an investigation of Such building at the
location from which it is to be moved, and ia.satisfied
sound and atable condition Cnd of such construction
from such kvestigation that mid building is in
that it will meet the requlrementa of this Building
Code in all. respects. A cbmplete plan of dl further
repaira. improvement2and remdelingwith reference ,,
to such building shall he submitted to the Building
effect that.sll su:h-repa/rs, @p'ow<ynt: mid remodI '1 Inspector. and he shaU m&-+~i.-f7dmg ofrast to-
ding m i~n conformity with, the'requlrdments of this
Sujlding Code. and that when rap nre tamplet
Code. In the event a bulldinpis to be moved framth
' the building aadueh wlll so.comply with aaid Build
municipality F'aoma point &aide the b&da&cs
&reif,, thi provisions with reaped to. the ffimiafig - .
ifplan! "d apic+kima for'plopbsed dteratiena tb
aueh building. may be disregarded.
16) BOND
'La1 Before B prmit ie issued to move any building
over my public way in thu ,municipality, the party
applying tMkforahall give a bbnd to the municipali-
ty in a eum to be fixed tiy the Building Inspector and
whichshall.not be lass.than OtiiThouaand ($l.OOOl
DoUsra; said bond to be axecuted,by B corporate sure-
ty or two personal aurcties to be approved by the gov-
erning body or ,designated igent conditioned upan,
amongother things;the indemnnication to the munic-
ipality for any,costa br expenses incurred by it in coo-
nection'with ey claima for damages to any permna or
property, and the pa~ent of any jude'ent to&iher
with the costs and erpenaea incurred by the mirnici-
pdity in c~nncktiqlr therewith. ariaing out of the
removal ofths building lor which the permi! is issued.
tion, sha fmd it to be B fact-that t&c-excsvation-
(bl UnI& the Buildiii Inapctor:upon @vesti&-
exposed by a the removal of suth.buHdmg from ib.'
foundatinn shall not~be so claie to a public thorough.
Suzanne Sobczyk being duly sworn, doth
depose and say that she is an authorized representative of The
MUSKEG0 SUN,
a newspaper published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from Ihe said paper, was published therein on
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....... ....... s EPER
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elera or th6'locatio~. nature and physical charasteris.
rare as to permit the sccidental failing therein oft&-
tica'of the premises and-the falling into such excava-
tion of children under 12 years of age unlilely,
bond required by (a1 ahall be further conditioned Y,
the permittee.erecting adequate barriers and wit)
adoptmiand employingsuch other meanq'devicei.u.
fortyijght (48) hoUm; filling ii'elich.ucavation
methods approved by the Buildiig Inspector and rea-
sonably adopted or calculated to prevent the occur-
rences set forth herein. i
(71 INSWCE The Building Impectbr' ahill
require in addition to Bard bond above indicated, pub-
lic liability insurance covering injury to oi~peisan in
the sum of not lesa than One Hundred Thousand
($1OO.OOOl Do!lars and.,for one accident in a sum n?t
less than Two Hundred Thousand ($?OO.OOO) Dollara;
together with prsperty damage inaurance in B sum
not leas-than Fifty Thousand (550.000l Dollara. or
such other coverage as deemed necemary
BOARD OR COMMISSION
(8) PLAN COMMISSION 'OR OTHERASSIGNED
been found 88 a fact by the'PlK Commission' of the
(a)'No such permit shall be issued unless it haa
'munbipality.by at.least B majority vote after an
examination of the application for the permit which
'shall include exterior elevations of chi building and
accurate photographs af,all sides and views of the
same, and in caaeji is propaed to alter the exterior of
said building. plana and specificstipns, of such pro-
pored alterations and after a view of the building pro-
posed to be moved and of the site'at wheh it is to.be