Previously occupied buildings located within the city limits may be moved to another location with the permission of the public works director under the following conditions:
A. The building shall be relocated on the same parcel; and
B. The building shall comply with the existing building code and other applicable ordinances in the city; and
C. The applicant shall, within ten days after making an application to move said building, cause the interior or exterior walls, ceiling or flooring to be removed to such an extent necessary to permit the building official to examine the materials and type of construction of the building to ascertain whether it will comply with the existing building code and other applicable ordinances in the city; and
D. In addition to the above inspection, the applicant shall comply with all other relevant city approval and permit procedures; and
E. A bond, assignment of savings, or irrevocable letter of credit, in a form approved by the city attorney, shall be filed with the city in an amount sufficient to:
1. Remove and dispose of the structure should the applicant abandon it before the move is completed; and
2. Guarantee that the site improvements, construction, painting, and finishing of the exterior building are completed in accordance with the Lynden Municipal Code within ninety days; and
3. Guarantee the site is restored to its original state by capping the existing utilities, removing the existing foundation, and grading and clearing the location from all debris resulting from the move.
F. Should the moving operation require use of or travel over city rights-of-way, the applicant shall prove they have liability insurance in the amount of at least one million dollars per occurrence/two million dollars aggregate and listing the city as an additional insured. This insurance will remain in full force and effect during the moving operation and will hold the city harmless from all claims arising from the moving operation.
G. The applicant shall execute and deliver to the city a document holding the city harmless from any and all claims arising from the removal and relocation of the building.
In any case in which the public works director denies permission for such a move, the applicant may appeal the decision to the city council under the provisions of Chapter 17.11 of the Lynden Municipal Code. (Ord. 1321 § 1, 2008).