§ 9-159. Time of issuance; investigation; appeal to city commission.

(a)

Time of issuance. No permit for the moving of a building under the provisions of this division shall be issued until two (2) weeks after the filing of the application.

(b)

Investigation; notice; right of appeal. If the building is to be moved to a plot within the city, the chief building inspector shall investigate and consider the appearance and condition of the building to be moved, the zoning regulations affecting the land upon which the building is to be relocated, and the general character and appearance of the buildings in the area to which the building is proposed to be moved, in comparison with the building to be moved. Based upon such consideration he shall decide to issue or to deny the application. At least ten (10) days before granting a permit, the chief building inspector shall notify, by United States mail, the applicant and all property owners within three hundred (300) feet of the proposed location, stating in such letter that the chief building inspector proposes to issue or deny the application. The notice shall also advise each addressee of his right of appeal and shall set a time and date for the city commission to hear any appeal, if such appeal is filed as provided in this section such date to be the first regular meeting of the city commission scheduled after twelve (12) days after posting of such notice.

(c)

Appeal procedure and enforcement of decision. The applicant or any person owning real property located within three hundred (300) feet of the location to which the moving is proposed may, within ten (10) days of the date of posting of the United States mail notice, appeal the chief building inspector's recommendation and decision to the city commission by filing written notice of appeal with the city clerk and also filing one (1) copy of the notice of appeal with the chief building inspector. This latter copy can be an executed carbon copy or other duplicate or conformed copy of the notice delivered to the city clerk. The appeal shall be heard by the city commission at the time and date set forth in the initial notice or as soon after the time set in such notice as the city commission can hear the appeal. After the hearing on appeal, the city commission shall, by motion, affirm, reverse, or otherwise modify the decision of the chief building inspector. The chief building inspector shall then carry out the decision of the city commission.

(Code 1953, § 48-24; Ord. No. C-70-69, § 1, 9-1-70; Ord. No. C-71-80, § 1, 9-7-71)