Chapter 5.16
MOVING BUILDINGS ON PUBLIC WAYS

Sections:

5.16.010    Permits required.

5.16.015    Oversize and/or overweight loads.

5.16.020    Deposits required.

5.16.030    Permit fees.

5.16.040    Inspection—Supervision.

5.16.050    Supports—Damage to street.

5.16.060    Fee for buildings standing on public ways.

5.16.065    Disposition of fees and deposits.

5.16.070    Lights required.

5.16.080    Wires above public ways.

5.16.090    Deviations from route.

5.16.100    Penalty for violations.

5.16.110    Individual liability not altered by chapter.

5.16.120    Severability.

5.16.010 Permits required.

It is unlawful for any person, firm or corporation to move, or to cause to be moved, any building, or any section or portion of any building, in, over, upon, along or across any public street, alley or other public place, in the city of South Gate, without first obtaining a permit in writing from the director of public works to do so, in the manner provided by this chapter. Any person, firm or corporation desiring to move, or to cause to be moved, any building, or any section or portion of any building in, over, upon, along or across any public street, alley, or other public place in the city of South Gate, shall first file a written application with the director of public works, specifying the building to be moved, the location of same, the location to which and the route and the length of the route over or along which such building is to be moved, the number of sections in which the building will be moved, and the time within which such removal will be completed. Upon the approval of such application by the superintendent of streets, the director of public works shall issue a permit or permits for the moving of the building, or the sections or portions thereof, mentioned in such application. Whenever any building is divided into two or more sections or portions and is so moved in, over, upon, along or across any public street, alley, or other public place, a separate permit shall be issued for the moving of each section or portion of such building. No permit shall authorize the moving of more than one building. No permit shall authorize the moving of more than one building, or more than one section or portion of any building in any case where any building is to be moved in two or more sections or portions. Every such permit shall become and be void unless such removal shall be completed within the time specified in the application for such permit; provided, however, that the director of public works may extend such time when the moving of any building, or any section or portion thereof, is rendered impracticable by reason of inclemency of the weather.

(Ord. 1080 § 1 (part), 9-23-68)

5.16.015 Oversize and/or overweight loads.

(a)    Overweight on Vehicles. The provisions of Section 5.16.015 refer exclusively to oversize and overweight loads upon vehicle when operated on the streets and highways within the city.

(b)    Certain Vehicle Code Sections Applicable. The applicable provisions of Division 15 of the Vehicle Code of the state of California shall constitute the regulations of the city relative to the size and weight of vehicle loads, together with such additional provisions and requirements as are specifically contained in this chapter.

(c)    Special Permits. The chief administrative officer or his authorized representative shall be responsible for the issuance of special permits for loads exceeding the maximum sizes and/or weights specified in Division 15 of the Vehicle Code, state of California, and for administering the rules and regulations pertaining thereto; except that the director of building shall be responsible for issuance of special permits as may be necessary in conjunction with house moving permits issued under the provisions of Chapter 9.16 of this municipal code.

(d)    Applications for Permits. All persons, firms or agencies desiring to move any load across or upon streets and highways within the city, which load exceeds any of the limitations imposed by Division 15 of the Vehicle Code, state of California, shall apply to and first receive a special permit from the individual(s) designated by the chief administrative officer relating to moving permits, authorizing said move. Said special permit shall specify the streets upon which the move is authorized and the date and time of the move. A charge for issuing said permit as established by the chief administrative officer shall be paid by the applicant prior to issuance of said permit.

(e)    Liability for Damage to Public Streets. Any person, firm or agency granted a special permit, as provided in this section, shall be liable for all damages to any street, highway, bridge, or appurtenances thereto, including but not limited to, guardrails, signs, traffic signals, street lights, street trees, and similar facilities, resulting from the operation, driving or moving of any vehicle which exceeds any of the limitations imposed by Division 15 of the Vehicle Code, state of California. The permittee shall hold the city harmless from any liability occasioned by or resulting from operations under such special permit.

(f)    Cost of work to insure safe passage. If, in the judgment of the chief administrative officer, it is determined necessary to strengthen any structure over which an overload must pass, or to perform any other work in order to insure the safe passage of the load upon city streets, the permittee will be required to pay the full cost of such work. Permittee will also be required to reimburse the city for any cost necessitated by the temporary relocation of traffic signals, street lights or other appurtenances in order to permit the safe passage of the loaded vehicle.

(Ord. 1441 § 1, 4-14-80)

5.16.020 Deposits required.

No permit shall be issued for the removal of any building or any section or portion of any building in, over, upon, along or across any public street, alley or other public place, until the applicant therefor shall have deposited fifty dollars for the first day which is required to move such building or section or portion thereof, as stated in such application, and the further sum of twenty-five dollars for each succeeding day required to move such building, or section or portion thereof as stated in such application. Any person, firm or corporation intending to engage in the business of moving houses in, over, along, upon or across public streets, alleys, or other public places in the city of South Gate may make and maintain with the director of public works, a general deposit in the sum of three hundred dollars, which general deposit shall be used for the same purpose as the special deposits mentioned hereinbefore in this section, and while such general deposit is maintained at the said sum of three hundred dollars, such person, firm or corporation shall not be required to make the special deposits hereinbefore in this section provided for, but shall be required to file a written application for a permit for the removal of any building, as in this chapter provided, and to comply with all of the other provisions of this chapter.

(Ord. 1080 § 1 (part), 9-23-68)

5.16.030 Permit fees.

In addition to the deposit required in Section 5.16.020, the director of public works shall collect a fee from the applicant for each permit issued under the provisions of this chapter at the time when the permit is issued, the fee to be in the sum of five dollars when the applicant proposes or contemplates the use of or does use dollies or rollers, and two dollars when the applicant uses a truck, in the moving or removing of the building or section or portion thereof contemplated in this chapter.

(Ord. 1080 § 1 (part); 9-23-68)

5.16.040 Inspection—Supervision.

Every building and every section or portion of any building, moved in, over, upon, along or across any public street, alley or other public place, shall be moved under inspection by and supervision of the director of public works and the superintendent of streets. When in the judgment of the director of public works or the superintendent of streets it is deemed necessary that a man be especially detailed to accompany the building in the process of being moved over and along the route, upon notice to the holder of the permit thereof, such special inspector or superintendent shall be appointed or detailed thereto, and an extra fee for this said special service shall be charged at the rate of five dollars per hour for the time when such special service is required.

(Ord. 1080 § 1 (part); 9-23-68)

5.16.050 Supports—Damage to street.

It is the duty of any person, firm or corporation, to whom any permit is issued for the removal of any building, or any section or portion of any building, pursuant to this chapter, when required by the director of public works or superintendent of streets, to cause boards of sufficient strength to carry the load without breaking to be placed under all of the rolls or wheels to serve as a runway for such rolls or wheels during the removal of such building, or any section or portion thereof, along every street, alley or other public place improved in any other manner than by asphalt or brick, and at no time shall such rolls or wheels be permitted to revolve except upon such board runway when the same is required by the director of public works or superintendent of streets. In ease of damage to any public street, alley or other public place by reason of the moving of any building, or any section or portion thereof, the superintendent of streets shall do such work as may be necessary to restore such street, alley, or other public place to as good a condition as the same was in prior to such damaging of the same, and shall charge the cost thereof to the person, firm or corporation to whom the permit was issued for the moving of such building or section or portion thereof. Any public street, alley or other public place or public property found to be damaged as a result of or in any manner due to such moving or any activity connected therewith will be deemed or construed to have been damaged by the permittee, unless the superintendent of streets was notified of the existence of same at the time the permit was secured.

(Ord. 1080 § 1 (part); 9-23-68)

5.16.060 Fee for buildings standing on public ways.

In addition to the permit fee provided for in Section 5.16.030 the permittee shall pay the cost of repairs, if any, made by the superintendent of streets pursuant to this chapter and a fee of three dollars for each day that such building or section or portion thereof shall have occupied any portion of any public street, alley or other public place, when the said building or section or portion thereof is not being actually moved thereon. Should this fee not be paid by the permittee, upon demand, the director of public works is hereby authorized to deduct this and any other amounts owed or owing under the provisions of this chapter from the deposit made by the permittee and if there be any remainder, the remainder shall be refunded to the person, firm or corporation making such deposit, or to his or her or its assigns. In case the deposit made pursuant to this chapter shall not be sufficient to pay the cost of such repairs, the person, firm or corporation to whom such permit is issued shall, upon demand, pay to the city a sufficient sum to cover all such costs. Upon failure to pay such sum the same may be recovered by the city of South Gate in any court of competent jurisdiction.

(Ord. 1080 § 1 (part); 9-23-68)

5.16.065 Disposition of fees and deposits.

The director of public works shall pay all fees collected by him into the city treasury daily. The special deposits mentioned in Section 5.16.020 hereof shall be held by the director of public works and shall be returned by the director of public works, upon surrender to him of the receipt properly endorsed by the person, firm or corporation making such deposit, or to his or its assigns, upon notification by the superintendent of streets that there has been no damage done to any public street, alley or other public place. The general deposit in the sum of three hundred dollars mentioned in Section 5.16.020 shall be paid by him into the city treasury on the business day next succeeding that on which it was collected. Such general deposit shall be refunded in the same manner as are other disbursements of the general fund, upon notification by the superintendent of streets that there has been no damage done to any public street, alley or other public place or property.

(Ord. 1080 § 1 (part); 9-23-68)

5.16.070 Lights required.

It is unlawful for any person, firm or corporation moving or causing to be moved any building or any section or portion of any building, over, upon, along or across any public street, alley or other public place, to fail, refuse or neglect to keep a red light burning at all times between sunset and sunrise at each corner of such building and at each corner of each such section or portion of any building or object, or at the end of any projection thereof, while the same, or any portion thereof, is located in or upon any public street, alley, or other public place.

(Ord. 1080 § 1 (part); 9-23-68)

5.16.080 Wires above public ways.

In case in the course of the moving of any house or building or any portion or section of any house or building over or along any street, alley or other public place in the city of South Gate, it shall be necessary to cut, remove or raise any telephone, telegraph or other wires to allow any such house or building or any portion or section thereof to pass, the person, firm, association or corporation so moving or causing to be moved such house or building or portion or section thereof shall deposit with the superintendent of streets of the city of South Gate, a sum of money, the amount thereof to be estimated by the owner, manager or operator of such wires and the superintendent of streets to defray the costs and expense of cutting, removing or raising of such wires. Any sum of money, not used for such purpose, shall be returned, on demand, to the depositor thereof. The person, firm, association or corporation intending to move or cause to be moved any house or building or any portion or section thereof shall give ten hours written notice to the owner, manager or operator of any telephone, telegraph or other wires which must be cut, removed or raised in order to move any house or building or any portion or section thereof of his intention so to do and specifying approximately the hour when such house or building or portion or section thereof will, in the course of such moving, pass where such wires are situated, and it is the duty of such owner, manager or operator of such wires to cut, remove or raise such wires in order to allow such house or building or portion or section thereof freely to pass the point where such wires are situated.

(Ord. 1080 § 1 (part), 9-23-68)

5.16.090 Deviations from route.

It is unlawful for any person, firm, or corporation after obtaining a permit under the provisions of this chapter to deviate from or change the route or course in the moving of any building or any section or portion thereof for which the said permit was issued, in any manner, unless written consent of the director of public works and superintendent of streets is first obtained and any necessary adjustments made hereunder.

(Ord. 1080 § 1 (part), 9-23-68)

5.16.100 Penalty for violations.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of one thousand dollars, or by imprisonment in the city jail or in the county jail of Los Angeles County for a period of six months or by both such fine and imprisonment.

(Ord. 2011 § 1 Exh. A (part), 8-27-96: Ord. 1080 § 1 (part), 9-23-68)

5.16.110 Individual liability not altered by chapter.

This chapter shall not be construed to relieve from or lessen the responsibility of any person, firm or corporation, engaged in the removal of buildings in the city of South Gate for any damages sustained whatsoever by anyone through injury or otherwise occasioned by any defect or negligence of such person, firm or corporation; nor shall the city of South Gate or any agent thereof, be held as assuming any liability whatsoever by reason of the inspection, supervision or regulation authorized herein.

(Ord. 1080 § 1 (part); 9-23-68)

5.16.120 Severability.

If any sections, sentence, clause, or phrase, of this chapter is for any reason held to be unconstitutional, in violation of law, or inoperative, such decision shall not affect the validity or the remaining portion of this chapter. The city council of the city of South Gate declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other section, subsection, sentence, clauses, or phrases be declared unconstitutional, in violation of the law, or inoperative.

(Ord. 1080 § 1 (part); 9-23-68)