Chapter 15.36
MOVING BUILDINGS1
Sections:
15.36.010 Approved surety defined.
15.36.020 Permit – Required.
15.36.030 Permit – Application.
15.36.040 Permit – Investigation.
15.36.050 Permit – Fee – Application and investigation.
15.36.060 Permit – Fee – Repairs or alterations.
15.36.070 Permit – Bond – Required.
15.36.080 Permit – Bond – Form.
15.36.090 Permit – Bond – Conditions.
15.36.100 Permit – Conditions.
15.36.110 Permit – Issuance.
15.36.120 Moving regulations.
15.36.130 Bond refund.
15.36.140 Default – Notice – Required.
15.36.150 Default – Notice – Contents.
15.36.160 Default – Surety to perform work.
15.36.170 Default – Bond use.
15.36.180 Default – Demolition option.
15.36.190 Appeal – Procedure.
15.36.200 Appeal – Failure to file.
15.36.210 Appeal – Scope of hearing.
15.36.220 Refusal of entry declared misdemeanor.
15.36.230 Prohibited buildings.
15.36.240 Repealed.
15.36.010 Approved surety defined.
“Approved surety” is a surety company which:
A. Is authorized to do business in the state;
B. Has fulfilled all legal obligations pertaining to dealings involving the city; and
C. Has been approved by the building official as a qualified surety company. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-412).
15.36.020 Permit – Required.
No person, firm or corporation shall move onto any premises within the city any building or structure, except a contractor’s tool house, construction building or similar structure which is moved as construction requires, until a surety bond has been posted and a relocation building permit has been secured as provided in this chapter. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-401).
15.36.030 Permit – Application.
Every application to the building official for a relocation building permit shall be in writing upon a form furnished by the building official and shall set forth such information as the building official may reasonably require in order to carry out the purpose of this chapter. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-402).
15.36.040 Permit – Investigation.
In order to determine any of the matters presented by the application, the building official may require plans, photographs or other substantiating data, and may cause to be made any investigation which he believes necessary or helpful. He may refer the matter for further investigation to the board of appeals. After the investigation is completed, if the applicant fails to post the required bond and secure the relocation building permit within 60 days, the application is null and void. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-403).
15.36.050 Permit – Fee – Application and investigation.
The applicant for a relocation building permit shall pay an application and investigation fee of $100.00 to the building official for inspection of the building at its present location and investigation of the proposed site. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-404).
15.36.060 Permit – Fee – Repairs or alterations.
Relocation building permit fees for repairs or alterations to relocated buildings shall be required in accordance with Chapter 15.26 BMC. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-405).
15.36.070 Permit – Bond – Required.
The building official shall not issue a relocation building permit unless the owner shall first post with the building official a bond executed by the said owner, as principal, and by an approved surety company authorized to do business in this state, as surety; or deposits a cash bond; or deposits and assigns to the city other approved sureties. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-413).
15.36.080 Permit – Bond – Form.
The surety bond required by this chapter shall:
A. Be in form joint and several;
B. Name the city as obligee;
C. Be in an amount equal to the estimated cost, plus 10 percent, of the work required to be done in order to comply with all of the conditions of the relocation building permit, such estimate to be as estimated by the building official; and
D. State therein the legal description or address of the property upon which the building or structure is to be relocated. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-414).
15.36.090 Permit – Bond – Conditions.
The surety bond shall provide that:
A. All work required to be done pursuant to the conditions of the relocation building permit shall be performed and completed within 120 days from the date of issuance of the permit.
B. The time limit specified may be extended for good and sufficient cause after written request of the principal or surety, either before or after said time limit has expired. The building official shall notify the principal and surety in writing of such time extension and may extend the time limit without consent of the surety.
C. The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the building official of the performance of all the terms and conditions of the relocation building permit.
D. The building official, the surety or duly authorized representative of either shall have access to the premises described in the relocation building permit for the purpose of inspecting the progress of the work.
E. Upon default by the principal, the surety shall be required to perform all conditions set forth in the relocation permit and give the surety right of entry to the premises to perform such conditions.
F. In the event of any default in the performance of any term or condition of the relocation building permit, the surety, or any person employed or engaged on its behalf, or the building official, or any person employed or engaged on his behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure, and clear, clean and restore the site.
G. The relocation building permit shall be null and void if the building or structure is not relocated to the proposed site within 60 days after issuance of the permit. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-415).
15.36.100 Permit – Conditions.
The building official, in granting any relocation building permit, may impose thereon such terms and conditions as he may deem reasonable and proper. These terms may include, but are not limited to: the period of time required to complete all work; the requirement of changes, alterations, additions or repairs to be made to or upon the building or structures, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district, as hereinabove limited, to which it is to be relocated. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-411).
15.36.110 Permit – Issuance.
If the condition of the building or structure, in the judgment of the building official, admits of practicable and effective repair he may issue a relocation building permit to the owner of the property where the building or structure is to be located upon conditions as hereinafter provided; otherwise the permit shall be denied. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-406).
15.36.120 Moving regulations.
A. The route over which the mover proposes to move the structure must be filed with the public works department.
B. The route must be approved by the public works department.
C. The date and time proposed for the movement of the structure shall be approved by the public works department.
D. The mover shall notify the building official, the public works department, the police department, the fire department and all other affected public utilities not less than 24 hours before the move is to be made. Failure to notify will be grounds for revocation of the permit.
E. The permit to move over city streets will be good for a period of three working days from the date the structure enters the city limits. For good cause shown, the director of public works may extend the period of time for moving the structure through the city.
F. The mover shall furnish insurance coverage that shall save, indemnify and hold the city harmless against all liabilities, judgments, costs and expenses which may in any way accrue against the city in consequence of the structure being moved.
G. The mover shall furnish liability insurance to cover any damage which may accrue to any city street or other city property during the move.
H. Fees for a permit to move over city streets are as follows:
1. House moving per trip or load:
a. Originating or terminating within the city, $100.00;
b. In transit through the city, $100.00;
2. Single trip on truck or trailer, $100.00. (Ord 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-423).
15.36.130 Bond refund.
When a cash bond has been posted or savings and loan certificates or shares deposited and assigned, and all requirements of the relocation building permit have been completed, the building official shall return the cash or savings and loan certificates or shares to the depositor or to his successors or assigns, and reassign the savings and loan certificates or shares, except any portion thereof that may have been used, cashed, or deducted as provided elsewhere in this chapter. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-421).
15.36.140 Default – Notice – Required.
Whenever the principal on the bond defaults in the performance of the conditions required by the relocation building permit, the building official shall give notice in writing to the principal and the surety on the bond. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-416).
15.36.150 Default – Notice – Contents.
The building official in the notice of default shall state the conditions of the bond which have not been complied with and the period of time deemed by him to be reasonably necessary for the completion of such work. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-417).
15.36.160 Default – Surety to perform work.
After receipt of a notice of default, the surety, within the time therein specified, shall cause the required work to be performed. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-418).
15.36.170 Default – Bond use.
If a cash bond has been posted, or savings and loan certificates or shares have been deposited and assigned, the building official shall give notice of default, as provided above, to the principal, and if compliance is not had within the time specified, the building official shall proceed without delay and without further notice or proceeding whatever to use the cash deposit or savings and loan certificates or shares, or any portion thereof, to cause the required work to be done by contract or otherwise, in his discretion. The balance, if any, of such cash deposit or savings and loan certificates or shares, upon the completion of the work shall be returned and reassigned to the depositor or to his successors or assigns after deducting the cost of the work plus 10 percent thereof. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-420).
15.36.180 Default – Demolition option.
When any default has occurred on the part of the principal under the provisions of this chapter, the surety, at its option, in lieu of completing the work required may remove or demolish the building or structure and clear, clean and restore the site. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-419).
15.36.190 Appeal – Procedure.
A. If the building official denies the relocation permit for any reason, he shall notify the applicant of this fact. The applicant may appeal to the board of appeals by filing a written appeal in accordance with Chapter 1.44 BMC.
B. As soon as practicable after receiving the written appeal, the board of appeals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall be not less than 10 days nor more than 30 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given, at least 10 days prior to the date of the hearing, to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. Thereafter the findings of said hearing shall be reported to the appellant. (Ord. 07-48 § 1; Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-408).
15.36.200 Appeal – Failure to file.
Failure of any person to file an appeal in accordance with this chapter shall constitute a waiver of his right to an administrative hearing. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-409).
15.36.210 Appeal – Scope of hearing.
Only those matters on issues specifically raised by the appellant shall be considered in the hearing of the appeal. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-410).
15.36.220 Refusal of entry declared misdemeanor.
The owner, his representative, successor or assign, or any other person who interferes with or obstructs the ingress or egress to or from any such premises of any authorized representative or agent of any surety or of the city engaged in the work of completing, demolishing or removing any building or structure for which a relocation building permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-422).
15.36.230 Prohibited buildings.
Except as otherwise provided in this chapter, the building official shall not issue a relocation building permit for any building or structure which:
A. Is so constructed or in such condition as to be dangerous;
B. Is infested with pests or is unsanitary;
C. If it be a dwelling or habitation, is unfit for such use;
D. Is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district within a radius of 1,000 feet from the proposed site;
E. If the proposed use is prohibited by BMC Title 17 or any other land use ordinance;
F. If the structure is of a type prohibited at the proposed location by this chapter or any other law or ordinance;
G. Because of age, size, design or architectural treatment, does not substantially conform to the design, plan and construction of the buildings located in the district within a radius of 1,000 feet from the proposed site so that its relocation would be materially detrimental to the property or improvements in said district. (Ord. 99-11; Ord. 78-19 N.S. § 1, 1978; prior code § 4-407).
15.36.240 Violation – Penalty.
Repealed by Ord. 03-9. (Ord. 99-11; Ord. 78-19 N.S. § 3, 1978).
For statutory provisions on moving apartment houses and dwellings, see Health and Safety Code § 17958.9.