TITLE VIIIBUILDING REGULATIONS

CHAPTER 2—HOUSE MOVING

ARTICLE 1—HOUSE MOVING

Sec. 8200 Definitions.

1.    "Building" is a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, education or recreational purposes. A structure containing less than 100 square feet of floor space shall not fall within this definition.

2.    "Building Inspector" is the Building Inspector of the City of Arcata.

3.    "City" is the City of Arcata.

4.    "Person" is any person, firm, partnership, association, corporation, company or organization of any kind.

Sec. 8202 Application.

A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector.

1.    FORM: The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector.

2.    CONTENTS: The application shall set forth:

a.    A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior;

b.    A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the City;

c.    A legal description of the lot from to which the building is to be moved, giving the lot, block and tract number, if located in the City; (typo corrected 3-07-06 by Deputy City Clerk, am).

d.    The portion of the lot to be occupied by the building when moved;

e.    The highways, streets and alleys over, along, or across which the building is proposed to be moved;

f.    Proposed moving date and hours;

g.    Any additional information which the Building Inspector shall find necessary to a fair determination of whether a permit should be issued.

3.    ACCOMPANYING PAPERS:

a.    TAX CERTIFICATE. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all taxes and any City charges against the same are paid in full.

b.    CERTIFICATE OF OWNERSHIP OR ENTITLEMENT. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that he is entitled to move the building.

4.    FEE. The application shall be accomplished by a permit fee as set forth in the Schedule of Fees adopted by resolution of the City Council.

5.    FEES AND DEPOSITS:

a.    DEPOSIT. The Building Inspector shall deposit all fees and deposits, and all bonds or insurance policies with the Director of Finance (or other appropriate officer).

b.    RETURN UPON NON-ISSUANCE. Upon his refusal to issue a permit the Building Inspector shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned.

c.    RETURN UPON ALLOWANCE FOR EXPENSE. After the building has been removed the Building Inspector shall furnish the City Manager with a written statement of all expenses incurred in removing and replacing all property belonging to the City, and of all material used in the making of the removal and replacement together with a statement of all damage caused to or inflicted upon property belonging to the City. Provided, however, that if any wires, poles, lamps or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The City Manager shall authorize the Building Inspector to return to the applicant all deposits after the Director of Finance deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the City by reason of the removal of the building. Permit fees deposited with the application shall not be returned.

6.    DESIGNATE STREETS FOR REMOVAL. The Building Inspector shall procure from the Department of Public Works a list of designated streets over which the building may be moved. The Building Inspector shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations the Department of Public Works and the Chief of Police shall act to assure maximum safety to persons and property in the City and to minimize congestion and traffic hazards on public streets.

Sec. 8203 Duties of permittee.

Every permittee under this Ordinance shall:

1.    USE DESIGNATED STREETS. Move a building only over streets designated for such use in the written permit.

2.    NOTIFY OF REVISED MOVING TIME. Notify the Building Inspector in writing of a desired change in moving date and hours as proposed in the application.

3.    NOTIFY OF DAMAGE DONE TO CITY PROPERTY. Notify the Building Inspector in writing of any and all damage done to property belonging to the City within 24 hours after the damage or injury has occurred.

4.    DISPLAY LIGHTS. Cause red lights to be displayed during the night time on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building.

5.    STREET OCCUPANCY PERIOD. Remove the building from the City streets after four days of such occupancy, unless an extension is granted by the City Manager.

6.    COMPLY WITH GOVERNING LAW. Comply with the Building Code, the Fire Zone, the Zoning Ordinance and all other applicable ordinance and laws upon relocating the building in the City.

7.    PAY EXPENSE OF OFFICER. Pay the expense of a traffic officer ordered by the Building Inspector to accompany the movement of the building to protect the public from injury.

8.    CLEAR OLD PREMISES. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition.

9.    REMOVE SERVICE CONNECTION. See that the sewer line is plugged with a concrete stopper, the water shut off, and the meter returned to the City Water office. Permittee shall notify the gas and electric service companies to remove their services.

Sec. 8204 Deposit for expense to City.

Upon receipt of an application it shall be the duty of the Building Inspector to procure from the Department of Public Works (or other appropriate agency) an estimate of the expenses that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging to the City or any other property of the City, the removal and replacement of which will be required by reason of the moving of the building through the City, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit the Building Inspector shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense. Any person filing an application hereunder may, in lieu of the cash deposit required above file with the Building Inspector a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the State of California, conditioned upon the assurance that this and other applicable ordinances and laws will be complied with.

Sec. 8205 Hold harmless.

Applicant shall take all precautions necessary for the safety of and prevention of damage to property on or adjacent to the work site, and for the safety of and prevention of injury to persons, including City’s employees, applicant’s employees and contractors, and third person, on or adjacent to the work site. All work shall be performed entirely at applicant’s risk. Applicant agrees to carry, for the duration of this permit, public liability insurance in an amount, and with an insurer, acceptable to City, and further agrees to provide a copy of said policy to City prior to commencement of work covered by the permit hereunder.

The applicant agrees to protect, defend, indemnify and hold City, its officers, employees and agents free and harmless from and against any and all losses of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of the permit granted and/or the performance hereof. The applicant further agrees to investigate, handle, respond to, provide defense for and defend any such claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of the permit granted and/or the performance hereof, at his sole expense and agrees to bear all other costs and expenses related thereto.

Sec. 8206 Duties of Building Inspector.

1.    INSPECTION. The Building Inspector shall inspect the building and the applicant’s equipment to determine whether the standards for issuance of a permit are met.

2.    STANDARDS FOR ISSUANCE. The Building Inspector shall refuse to issue a permit if he finds:

a.    That any application requirement or any fee or deposit requirement has not been complied with;

b.    That the building is too large to move without endangering persons or property in the City;

c.    That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City;

d.    That the applicant’s equipment is unsafe and that persons and property would be endangered by its use;

e.    That zoning or other ordinances would be violated by the building in its new location;

f.    That for any other reason persons or property in the City would be endangered by the moving of the building.

Sec. 8207 Enforcement.

1.    ENFORCING OFFICERS. The Building Inspector, the Police Department and the Department of Public Works shall enforce and carry out the requirements of this Chapter.

2.    PERMITTEE LIABLE FOR EXPENSE ABOVE DEPOSIT. The permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.

3.    ORIGINAL PREMISES LEFT UNSAFE. The City shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition, where permittee does not comply with the requirements of this Chapter, and the cost thereof shall be charged against the General Deposit.

Sec. 8300 Certificates of Insurance.

The City may, as a condition of issuing either a building permit or an encroachment permit, require an applicant to file a certificate of insurance evidencing coverage for bodily or property damage liability.

This section does not apply to contracts for public works of improvement entered into by the City.