By Aberdeen Insider - April 10, 2025 in CITY OF ABERDEEN
ORDINANCE NO. 25-03-01
AN ORDINANCE AMENDING CHAPTER 46 – STREETS, SIDEWALKS
AND OTHER PUBLIC PLACES OF THE ABERDEEN CITY CODE REGARDING THE BUILDING MOVING REQUIREMENTS
WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, and property of its citizens; and
WHEREAS, the City Council has determined that the following ordinance will protect the health, safety, and property of its citizens.
BE IT ORDAINED BY THE CITY OF ABERDEEN, SD, THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE:
- Division 2. PERMIT, of Article V. BUILDING MOVING, of Chapter 46 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES is hereby amended with underline indicating text to be added and strikethrough indicating text to be deleted and the remainder to be left unaffected:
Sec. 46-280. Permit required.
It shall be unlawful for anyone to move any building which, when loaded for moving, exceeds 15 feet in height at its highest point measured from the ground or 12 feet in width into, along, or across any public street, alley, or highway within the city without first having obtained a permit to do so in compliance with the provisions of this article.
Sec. 46-281. Application; fee.
Anyone desiring to move any building requiring a permit shall submit an application on the form prescribed by the office of the public works director/city engineer fully stating the name of the applicant, the name of the owner of the building, the address and legal description of the lot on which such building is standing and the lot to which it is to be moved, the route along which it is proposed to move such building, the proposed date and starting and completion times when such removal will take place, and the type of construction and dimensions of the building. The application shall be accompanied by a non-refundable permit fee in the amount stated in the city fee schedule on file in the office of the finance officer.
Sec. 46-282. Surety bond; insurance; indemnification.
(a) Surety bond.
(1) The application shall include a surety bond for the benefit of the city in the penal sum of $10,000, with sufficient sureties, and conditioned that the permittee will comply with all city requirements to the satisfaction of the city, and the bond shall encompass repairs due to any damage to any sidewalk, crosswalk, hydrant, street, alley, or other property, and services provided by the city, arising out of and in connection with the moving of the building. The bond shall guarantee payment for damages to property and payment to the city for any services provided by the city.
(2) Whenever the public works director/city engineer shall decide from examination of the application and from such other information obtained that a $10,000 surety bond is not sufficient protection of the city against the probable damages and expenses that may be caused by the removal of such building, the public works director/city engineer is hereby authorized and it shall be his or her duty to require a larger surety bond from the applicant not to exceed the sum of $100,000.
(b) Insurance. In lieu of a surety bond, the applicant may file with the city finance office a certificate of standard form contractor’s public liability insurance covering claims by the city and the general public for bodily injuries, including death, with limits of not less than $100,000 for each person and $300,000 for each accident and $100,000 property damage arising out of and in connection with the moving of the building, which such public liability policy shall carry an endorsement saving the city from any claims, demands, damages or causes of action resulting from, in any manner, the moving of the building.
(c) Indemnification. In addition to the surety bond or insurance required by this article, the building mover shall indemnify and save harmless the city against any and all liability for damages, costs, or expenses arising out of or in connection with the moving of the building or the use of any public street or ground for that purpose, including the actions or omissions of the building mover, its servants, agents, or employees.
Sec. 46-283. Contents.
Upon receipt of the application and the surety bond or certificate of insurance as provided in this article, the public works director/city engineer may personally or through other city officials investigate the representations of the applicant and if such investigation is satisfactory, he or she shall thereupon issue to the applicant a permit in writing for the removal of such building along or across the route designated by the public works director/city engineer, such removal to be completed by the time stated in such permit.
- Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
- Effective Date. The City Finance Officer shall cause this ordinance to be published in the official newspaper in clean text with all deletions and additions incorporated therein and footnotes omitted. This ordinance shall become effective twenty (20) days after the completed publication unless the referendum is invoked. /s/ Travis Schaunaman, Mayor, ATTEST: /s/ Jordan McQuillen, Finance Officer First Reading: March 24, 2025, Second Reading: April 7, 2025, Final Adoption: April 7, 2025, Published: April 10, 2025, Effective Date: April 30, 2025
Published once on April 10, 2025, at the total approximate cost of $55.72 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com