§ 10-120. Registered house mover.

(a)

Registration . It shall be unlawful for any person to maintain, own or operate a house moving contracting business, unless a registration issued by the building official is first obtained as provided herein.

(b)

House mover registration, insurance, security, and bond required .

(1)

Compliance with section . No person except a licensed house mover, shall move any building or structure over, across or along any street, public way or public place within the city except as specifically provided in this article.

Exception :

Nothing contained in this article shall require a license or bond for the movement of oversized equipment, or buildings or structures of a temporary nature, when such equipment, building, or structures are within the legal road limit as required by the state statutes; nor shall bond and license be required of one passing through the city enroute between two (2) other incorporated cities, except those cities in the county.

(2)

Misrepresentation . It shall be a violation of this chapter for any person to represent themselves with any registration set forth in this Code or to use the words "home mover", "house mover" or words of similar import or meaning on signs, business cards, stationery, or by any other manner whatsoever, unless such person is properly registered within the meaning of the word used as provided in this chapter.

(3)

General liability and insurance .

a.

A registered house moving contractor shall furnish and present the name of the insurance carrier, policy number, name, address, and telephone number of the insurance agent with whom the contractor is insured to the building official or to any customer upon request.

b.

City registered house moving contractors must maintain insurance of the following types and amounts:

1.

Ten thousand dollars ($10,000.00) for each person for bodily injury, twenty thousand dollars ($20,000.00) for bodily injury liability for each accident, and five thousand dollars ($5,000.00) for property damage liability for each accident.

2.

Comprehensive general liability specifically including coverages for hazards of explosion and collapse in the amount of three hundred thousand dollars ($300,000.00).

c.

The policy shall:

1.

Provide that the same shall not be cancelled until a ten-day or non-renewal has been served upon the city.

2.

The City of San Antonio must be listed as certificate holder on the certificate of liability insurance.

3.

Applicant shall file with the building official certificates of insurance executed by the insurance carrier issuing said policies certifying that said insurance is in full force and effect and that the moving operations are covered by such policies.

4.

Bond . Before a house mover's license is issued, the applicant shall file with the building official a surety bond in the amount of two thousand dollars ($2,000.00), saving and protecting the city harmless from any and all damages and to pay for any and all damages to public property, that may arise from the use of any of the streets, alleys, boulevards or other public places in the moving of any building or structure. Such bond shall contain a provision for a ten-day written notice to the city of cancellation by the surety.

(c)

Responsibilities . A registered house moving contractor shall be responsible for exercising such supervision and control of his operations as is necessary to secure full compliance with the provisions of the adopted city requirements and all other applicable laws of the city, state and United States.

(d)

Penalties . It shall be unlawful for any person to move any building or structure in the city or cause the same to be done, contrary to or in violation of any of the provisions of this Code or any currently adopted city or State laws. Any person, firm or corporation violating any of these provisions shall be deemed guilty of a separate offense for each day or portion thereof during which any violation is committed, continued, or permitted, and each separate violation shall be punishable by a fine not to exceed five hundred dollars ($500.00).

(e)

City registration cards .

(1)

A registration card, bearing the building official's signature, shall be issued to each person receiving a city registration.

(2)

Registrations shall be renewed prior to the expiration date. Each person holding a valid registration shall renew same in sufficient time to have the renewal form returned to the development services department with the appropriate renewal fee prior to the expiration date. All city registrations shall expire two (2) years after issuance. Registrations shall be renewed prior to expiration date. Each person holding a valid registration shall renew same in sufficient time to have the renewal form and insurance information returned to the department with the appropriate renewal fee prior to registration expiration date.

(3)

Each registration card, when issued to contractor shall be issued to a person and registered in the name of the firm by which the person is employed. The firm shall be known as the holder of such registration and shall notify the code official if the registration holder is no longer in its employment. No further permits will be issued to the firm based upon the previous registration holder's name who is no longer employed by the firm.

(4)

It shall be a violation of this Code for any person to alter or amend in any manner, lend, rent, or transfer a registration card, and for any person to make use of any such rights for which the person is not registered.

(5)

Each holder of a city issued card shall carry the registration card on his person at all times while performing work covered by this Code and shall present it to the building official upon demand.

(f)

Registrations not transferable . No registration shall be transferred and no holder of any registration shall allow his name or registration to be used by any other person, either for the purpose of performing house moving operations or obtaining a permit under the penalty of forfeiture of said registration and payment of fines.

(g)

Violations under this section . The following list shall constitute a non-exclusive list of violations under this section. It is unlawful for any registered contractor to:

(1)

Display or cause a permit to be displayed or to have in one's possession a registration for performing any house moving work, knowing it to be fictitious or to have been canceled, suspended or altered;

(2)

Lend or permit the use of any registration for doing any house moving operations to any person not entitled to it;

(3)

Allow any person to display or to represent as one's own city registration for any house moving operation when the registration has not been lawfully issued to the person displaying it;

(4)

Use a false or fictitious name or address in any application for any registration or permit provided for in this chapter or any renewal or make a false statement or conceal a material fact or otherwise commit fraud in making any application;

(5)

Perform any house moving operations for which a registration is required without having the registration or while the registration is suspended, expired or canceled;

(6)

Perform any house moving operation for which a permit is required without having the permit or after the permit has been canceled;

(7)

Fail or refuse to make the necessary repair or changes for code violations as provided in a written notice issued by the building official. A reasonable amount of time shall be granted in the written notice taking into consideration the work to be completed and the circumstances. A separate violation is deemed to be committed each day after the expiration of the time for correction provided in the notice until the violation is corrected;

(8)

Permit any work covered by this section to be performed by any person not properly registered, while in control of premises covered by this section;

(9)

Remove, break, change, destroy, tear, mutilate, cover or otherwise deface or injure any official notice or seal posted by the building official;

(h)

Application procedures; requirements .

(1)

An applicant for an original registration or renewal must submit an application to the building official on a form established by the department.

(2)

The building official shall have the right to investigate and examine the qualifications and fitness of an applicant.

(3)

A person may not be issued a registration unless the person:

a.

Is at least eighteen (18) years of age; and

b.

Is a United citizen or a lawfully admitted alien

(i)

Duties and powers of building official .

(1)

There is hereby vested in the building official the duty of examining the applications for contractor registrations, including the issuance, reissuance, renewal, suspension, or cancellation of such registration.

(2)

The building official shall establish procedures consistent with this Code for the issuance of registration for demolition contractors.

(3)

The building official shall have the duty to keep all registration application records. The building official shall further have the power and duty to adopt, amend, or repeal rules and regulations consistent with the provisions of this section as may be necessary for the proper administration and enforcement hereof.

(j)

Appealing a denial of registration .

(1)

Appeal to board . If either an original or renewal registration is denied, the building official shall furnish the applicant a written statement setting forth the grounds for the refusal within ten (10) working days. Such statement shall be by certified mail, return receipt requested, to the mailing address provided in the application unless the applicant is present to receive and acknowledge in writing receipt of such letter. The applicant or their representative shall then have fifteen (15) working days from receipt of notice to appeal the building official's decision in accordance with section 10-14 of this chapter.

(2)

Nothing in this section shall be interpreted as to deny a subsequent application at the expiration of one year from denial of initial registration.

(k)

Fees and registration period . The application fee for contractor registration shall be as set forth in this section.

(1)

An initial registration fee of one hundred and twenty dollars ($120.00) is required and said registration shall be valid for a period of two (2) years. The registration holder shall be required to re-register every two-year period of time and pay a fee of one hundred and twenty dollars ($120.00) for each two-year period of time to maintain registration.

(2)

The moving of any building or structure over, across or along any street, public way or public place within will commence only after a permit has been issued by the building official. Permit fees are outlined in fee schedule subsection 10-31.

(l)

Cancellation and suspension of registration; appeals .

(1)

A contractor's registration may be cancelled or suspended by the building official after a hearing before the building official if the registered contractor is convicted of any penal offense arising out of or related to the performance of a contract or the registered contractor suffers a judgment against them in a civil action predicated upon fraud in connection with the performance of a moving contract.

(2)

The building official may also administratively cancel or suspend a registration after a hearing before the building official for any one or more of the following reasons:

a.

Conviction or entering a plea of guilty or nolo contendre (no contest) in connection with a violation of any adopted technical construction code or amendments thereto in the state;

b.

Making any false statement as to a material matter in an application for registration, renewal or hearing in connection with same;

c.

Three (3) separate violations as detailed in subsection 10-120(g) of this chapter, provided the violations occur within the previous 12-month period;

d.

Upon judicial determination of an abandonment or willful failure to perform any moving contract or project in or undertaken by a registered contractor, or willful deviation from or disregard of plans or specifications in any material respect;

e.

With knowledge, the house moving contractor directly or indirectly published any advertisement relating to house moving work which contains assertions, representations or statements which are false, deceptive or misleading;

f.

Failure of the contractor to notify the building official of any change in the ownership, management, or business name;

g.

Conducting a house moving contractor business in any name other than the one registered;

h.

Obtaining a moving permit for an unregistered contractor or for one whose registration has been suspended, cancelled or denied.

i.

Upon judicial determination of fraud on the part of a contractor in the execution of or in the material alteration of any contract or mortgage, promissory note or other document relating to said contract.

(3)

The building official may take any of the following actions against the holder of the certificate of registration:

a.

No suspension.

b.

Suspension for thirty (30) days.

c.

Suspension for sixty (60) days.

d.

Suspension for ninety (90) days.

e.

Suspension for one hundred eighty (180) days.

f.

Cancellation.

(4)

The building official shall send the registered contractor a written notice of any administrative action to be taken against the registered contractor by certified mail, return receipt requested, at the last known mailing address. The notification shall give not less than ten (10) working days' notice of the hearing. The building official is authorized to conduct hearings for the purpose of making findings of fact to assist him in making his decision.

(5)

A written decision to cancel or suspend a registration shall be required and list the reasons for the building official's decision. This written decision shall be forwarded to the registered contractor by certified mail, return receipt requested to the registered contractor's last known address. This mailing may be waived provided that the registered contractor sign and acknowledge receipt of the written decision from the building official. The registered contractor shall then have fifteen (15) days from receipt of this notice to appeal the building official's decision to the building-related and fire codes board of appeals. The decision of the building official shall be final after expiration of this time.

(6)

Board appellate process .

a.

A registered contractor shall have the right to appeal the building official's decision in accordance with section 10-14 of this chapter.

b.

A perfected appeal tolls the building official's decision to suspend or cancel the registration until the board renders its decision.

c.

Neither the board nor the building official shall have any authority to suspend a registration for longer than one hundred eighty (180) days.

d.

A cancellation shall prevent the contractor from pulling new permits for a period of at least one year. For purposes of this section, a cancellation of a registration does not alleviate the registered contractor from performing current obligations or absolve them from liability under a contract. In performing currently permitted obligations while cancelled, the contractor shall not be subject to penalty for being unregistered. All other code provisions are applicable. Upon the expiration of a one-year period, a contractor may apply for a new registration. No provision of this section shall be interpreted to mean that a new registration will be issued after a prior registration has been cancelled. A denied applicant for a new registration is required to wait one year before applying again. There shall be no limit on the number of times a denied applicant may reapply.

e.

A suspension shall prevent the registered contractor from pulling new permits in the city for the suspension time period. A suspension of registration does not alleviate the registered contractor from performing currently permitted obligations under the contract. The contractor shall not be subject to penalty for operating while suspended when performing currently permitted obligations. However, all other code provisions apply. The board's decision to affirm or affirm as modified a suspension of a registration means that the suspension time begins the following working day.

(m)

House moving permit; general .

a.

No person, firm, association or corporation shall move building or structure in the city, or cause the same to be done, without first obtaining a permit for each such building or structure authorized by the city.

b.

Every house moving permit shall be valid during the time outlined in the permit. The director of development services may extend the permit upon request of the applicant.

c.

No person shall move any building or structure over, across, or along any street, public way or public place within the city until a permit for such work has been issued as provided in this section.

d.

A registered house mover shall in each case before moving or preparing to move any building or structure, apply to the director of development services by written application for a permit to do so, in which application the building or structure to be moved shall be described with the extreme dimensions of its width, length and height, present location, the place to which it is proposed to be moved, and the location, on the lot at the destination.

e.

Before application for permit is made, the house mover shall notify the public utilities, railroads and other persons whose facilities are involved in such movement.

f.

Before application for permit is made, the house mover shall notify the police department, fire department and public works department, and shall obtain proper clearance from each of these departments in writing. This clearance shall specify the day of the week, hour of the day, the moving is to take place. The route to be taken shall be at the discretion of the police department and public works department.

g.

Warning devices . If it becomes temporarily necessary to leave the building on public property, there shall be placed around the building or structure, and all equipment, red lanterns, flares or other warning devices. No building or structure under any condition shall be allowed to remain in or on the streets, public ways or public places for more than twenty-four (24) hours except weekends. Any building or structure which occupies or moves along or across any portion of public property after sundown shall have sufficient lights and flares continually burning for the protection of the public.

h.

Escort . No person shall move a building or structure across or along any street, public way or public place within the city unless accompanied or escorted by at least one police officer that has been retained by the person for such service.

(Ord. No. 2018-06-21-0493 , § 1, 6-21-18)