§ 955.05. Moving of structures.

No building or structure larger than one hundred fifty (150) square feet shall be moved into the county or from one (1) lot or parcel to another within the county unless such building or structure is made to conform to all of the applicable requirements of the building code in effect in the county at the time of the moving and to the requirements of the zoning district in which the building or structure is to be placed.

(1)

Performance bond. Any person applying for a permit to move a building or structure must post a bond or other security acceptable to the county attorney in an amount equal to one hundred fifteen (115) percent of the cost of improvements required to bring the building or structure into compliance with applicable county regulations, based upon an architect or engineer certification of, or actual contract price for the cost of, foundations, electrical and plumbing hookups, and other improvements required to bring the building or structure into compliance with applicable county codes and regulations. Such bond or security must be payable to the order of the Board of County Commissioners of Indian River County, Florida, and posted with the Indian River County Building Department for deposit to the clerk of the board of county commissioners.

The purpose of the bond or other security is to guarantee that foundation, tie-downs, electrical and plumbing hookups and compliance with the applicable requirements of the technical codes and the land development regulations are accomplished in full within one (1) year of the date of the moving permit. Failure to fully comply within one (1) year, will result in forfeiture of the bond to the Board of County Commissioners of Indian River County, Florida.

(2)

Waiver of moving bond requirement. In recognition of the importance of the provision of affordable housing to the general community welfare and benefit, any organization actively participating in the county local assistance program set out in Chapter 308, Indian River County Code as a partner under the State Housing Initiatives Partnership (SHIP) Program may apply to the board of county commissioners for a waiver of the county bonding requirements.

It is further recognized that the bonding requirements take funds necessary to make foundations, electrical and septic or plumbing hookups. It is further recognized that the purpose of this "moving of structures" ordinance and the bonding requirement therein is to prevent substandard structures from being moved and abandoned or dumped on other properties, an objective antithetical to the above-mentioned housing provider organizations.

The board of county commissioners may waive the bond requirement associated with moving permits for such groups or any other organization upon a showing of a particular benefit to the county community as a whole as distinguished from an individual benefit to the applicant. The board of county commissioners may impose such terms and conditions to the grant of waiver as they deem appropriate.

(3)

Insurance. The person applying for a permit to move the building or his mover as agent shall provide to Indian River County a liability insurance policy naming the Board of County Commissioners of Indian River County as an additional insured, in the amount of one hundred thousand dollars ($100,000.00)/two hundred thousand dollars ($200,000.00) per person/incident from an insurance company authorized to transact business in the State of Florida with a best rating of A+ VII, to restore any damage to public roads and/or public or private property damaged during the move.

(4)

Requisite drawings and specifications. All applicants for a permit to move an existing structure are required to furnish the building official: four (4) sets of drawings that satisfy the requirements specified in Florida Existing Building Code 2004, Chapter 11 and Chapter 1, sections 105 and 106, Florida Building Code.

(5)

Additional required permits. No moving permit may be issued until such time as a right-of-way permit for the movement of an oversized structure has been obtained from the county public works department pursuant to section 312.08.2.D.

A waiver of the performance bond required under subsection (2) above shall also constitute a waiver of the ten thousand dollar ($10,000.00) cash or surety bond required for right-of-way permits under section 312.08.2.D.1.c., Indian River County Code.

(6)

Process of return of bond or security. In the event Indian River County is holding a cash bond to satisfy the requirements of subsection (5) above, the applicant for the moving permit may initiate the return of funds by notifying the public works department of the time and date of moving. A representative of the public works department shall accompany the move to determine the extent, if any, of the road damage and/or damage to public or private property resulting from the move. The public works representative shall report the amount of any such damage to the county risk management division for the processing of a claim against the insurance policy required in subsection (3) above.

The applicant shall notify the building official at such time within twelve (12) months of issuance of a moving permit as all foundations, tie-downs, septic tank, electrical and plumbing hookups are completed. The building official shall cause an inspection to be made and if all county building and land development regulations have been satisfied, the building official shall notify the finance division of the clerk of the board of county commissioners to reimburse the cash escrow to the person posting such bond at the address set out in a house moving cash bond escrow agreement.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 94-25, § 9, 8-31-94; Ord. No. 2005-047, § 1, 11-8-05; Ord. No. 2006-008, § 1, 3-7-06)