Chapter 15.10
MOVING BUILDINGS

Sections:

15.10.010  Definitions.

15.10.020  Building moving approval and moving permit – Requirement.

15.10.030  Application.

15.10.040  Public hearing – Planning Commission – Authorization of building inspector.

15.10.050  Notice of public hearing.

15.10.060  Building moving approval – Action by Planning Commission.

15.10.070  Moving permit – Action by building inspector.

15.10.080  Appeal.

15.10.090  Permit conditions – General.

15.10.100  Rollers.

15.10.110  Truck.

15.10.120  Protection of sidewalk.

15.10.130  Duties of person in charge.

15.10.140  Timely completion and performance bond.

15.10.010 Definitions.

For the purposes of this chapter, the following terms, phrases and words shall have the meaning respectively prescribed to them by this section:

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

(b) "Building inspector" shall mean the superintendent of building inspection of the City.

(c) "Temporary structure" shall mean any temporary sales office or construction shack necessary for the proper completion of a major construction project used or occupied on a parcel or tract of land for a period of time pending the completion of construction of said major construction on that parcel or tract of land. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-9).

15.10.020 Building moving approval and moving permit – Requirement.

No person shall move any building or part thereof, over, along or across any highway, street or alley in the City, without first obtaining a building moving approval for all such buildings or parts thereof to be moved. The building moving approval shall be obtained from the Planning Commission and before a moving permit shall issue, with the exception that for those buildings which are to be moved to a site which is located more than three hundred (300) feet outside the City boundaries, or in the situation where the building is a temporary structure, the applicant shall directly obtain a moving permit from the building inspector. The building moving approval is in addition to and not in lieu of any permit required from the City building inspector by SCCC 15.10.090(a) and (b) or the City Engineer by SCCC 10.05.400. No person shall move any building, or part thereof, over, along or across any highway, street or alley in the City without first obtaining a separate moving permit for each such building, or part thereof, moved separately. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-10).

15.10.030 Application.

A person seeking building moving approval shall file a verified application or applications for such approval with the Planning Commission; except, where such building, buildings, and parts thereof are to be moved to a site or sites more than 300 feet outside of the City boundaries or in the situation where the building is a temporary structure each application in these instances shall be filed with the building inspector.

(a) Form. The application shall be made in writing, upon forms provided by the Planning Commission, and where more than one building will be located on the same parcel or lot, each moving approval sought in a single application must indicate the same parcel or lot to which it is proposed that each building or part thereof is to be moved. Such application shall be accompanied by a posting and processing fee, as from time to time set by City Council resolution, which posting and processing fee shall be in addition to any moving permit fee and deposit as provided in SCCC 15.10.090(a) and (b).

(b) Contents. Application shall set forth:

(1) A description of the building, buildings and parts thereof proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior;

(2) A legal description including the lot, block and tract number, or street address, of the lot from which the building, buildings and parts thereof are to be moved;

(3) A legal description including lot, block and tract number, or street address, of the single lot to which it is proposed any such building, buildings and parts thereof be moved;

(4) A dimensioned plot plan of the site in the City or within three hundred (300) feet of the boundaries of the City to which the building, buildings and parts thereof are to be moved showing all existing and proposed structures, landscaped area, parking spaces, driveways and prominent features;

(5) The highways, streets and alleys over, along or across which the building, buildings and parts thereof are proposed to be moved;

(6) The proposed moving date or dates and hour;

(7) Facts from which it can be ascertained that the building, buildings and parts thereof proposed to be moved are comparable in size, quality, design and appearance of the buildings or structures in the area to which each is to be moved; if to be located in the city or outside the city within three hundred (300) feet of the city boundaries; or if it is a temporary structure;

(8) Facts from which it can be ascertained that the building, buildings and parts thereof will not be detrimental to nor diminish the value of property in the city within three hundred (300) feet of the site to which the building, buildings and parts thereof are to be moved; if to be located in the city or outside the city but within three hundred (300) feet of the city boundaries, or if it is a temporary structure;

(9) A statement of ownership of the building or authorization by applicant to move the building;

(10) Any additional information which the Planning Director or Building Superintendent or Planning Commission shall require.

(c) Fee. The application shall be accompanied by any posting and processing fee prescribed in subsection (a) of this section. (Ord. 1096; Ord. 1142 § 1, 7-5-66; Ord. 1568 § 1, 5-12-87. Formerly § 5-11).

15.10.040 Public hearing – Planning Commission – Authorization of building inspector.

(a) On each application for the issuance of a building moving approval to move a building, buildings or parts thereof, other than a temporary structure, on City streets to any site within the city or within three hundred (300) feet of the City boundaries, a public hearing by the Planning Commission shall be held after the filing of the application for the issuance of said building moving approval.

(b) On each application to move a building, buildings or parts thereof on City streets to a site more than three hundred (300) feet outside the City boundaries, or to move a temporary structure on City streets, the building inspector may issue a moving permit subject to all the provisions of this chapter, and a public hearing thereon is not a prerequisite to such action by the building inspector. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-12).

15.10.050 Notice of public hearing.

(a) Notice of the required public hearing shall be given by posting a public notice on the front of each building, or part thereof, to be moved and in at least three conspicuous places in the city within three hundred (300) feet of the property to which it is proposed that the same be moved, not less than ten days prior to said hearing. Each such notice shall be headed by words: "MOVING NOTICE" in letters not less than one inch in height. In addition thereto, each notice shall contain the location of the building, buildings and parts thereof by street and number and address of the applicant desiring a permit to move such, a brief description of the property to which it is proposed the same be moved, and the time and place at which the public hearing will be held. The Planning Commission shall cause notices to be posted for hearings to be held before it, by a person designated by it; and, the City Clerk shall cause notice to be posted for hearings to be held before the City Council. The person posting said notice shall file a certificate of such posting together with a copy of such notice with the City Clerk.

(b) Any defect or error appearing in any said notice shall not divest the Planning Commission or City Council of jurisdiction nor invalidate any proceedings.

(c) In addition to the posting of notices required to be posted above, the Planning Commission at least five days prior to the hearings to be held before it, shall cause to be mailed, postage prepaid, a notice of the time and place of such hearing to all persons whose names and addresses appear on the latest adopted tax roll of the County of Santa Clara, or as known to the City Clerk as owning property in the City within three hundred (300) feet from the exterior boundaries of the area to be occupied by the building, buildings or parts thereof to be moved and which are the subject of the hearing. Unless the context of an applicable State law provides to the contrary, the failure to mail such notice to all of said persons shall not operate to divest the Planning Commission or the City Council of jurisdiction to conduct any hearing required to be held. The City Council hereby declares that the purpose of providing that said notice be mailed is to give said property owners within three hundred (300) feet information as to any proposed change or modification of the use of said property upon which the building, buildings or parts thereof are to be moved, and the City Council hereby declares that jurisdiction to conduct such hearing shall be obtained upon the posting of notices required in subsection (a) of this section. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-13).

15.10.060 Building moving approval – Action by Planning Commission.

(a) In order for the Planning Commission to grant any building moving approval, the findings of the Planning Commission shall be:

(1) That the proposal is consistent with and will not violate any law of the State of California or City ordinance, rule or regulation;

(2) That the building, buildings, and parts thereof proposed to be moved shall be comparable in value, size, quality, design and appearance to buildings and structures in the city in the area of the site to which the same are to be moved;

(3) That it will not be materially detrimental to nor diminish the value of property or improvements in the area in the city within three hundred (300) feet of the site to which the building, buildings and parts thereof are to be moved; and

(4) That the building, buildings and parts thereof can be safely moved with only reasonable inconvenience to traffic and the public.

The Planning Commission may designate such conditions in connection with each building moving approval as it deems necessary to secure the purposes of this chapter and may require guarantees and evidence that such conditions will be complied with by the applicant.

(b) The Planning Commission shall render its decision on any application for building moving approval within thirty-five (35) days following close of the public hearing. Failure of the Commission to render its decision within said period shall be deemed to be a denial of the application. The granting of any building moving approval, when conforming to the provisions of this section, is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Planning Commission and the action thereon by said Commission shall be final and conclusive, except in the event of an appeal as hereinafter provided. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-14).

15.10.070 Moving permit – Action by building inspector.

(a) In order for the Building Official to grant any moving permit, the findings of the Building Official shall be:

(1) That the proposal is consistent with and will not violate any law of the State of California or City ordinance, rule or regulation; and

(2) That the building, buildings and parts thereof can be safely moved with only reasonable inconvenience to traffic and the public; and

(3) That there is adequate assurance that the building, buildings and parts thereof shall be removed from the proposed parcel of property to which the applicant seeks to move same and in accordance with a plan for removal or demolition in those instances in which the application for moving permit was filed with the building inspector upon grounds that the building to be moved is a temporary structure.

The building inspector may designate such conditions in connection with each moving permit as he deems necessary to secure the purposes of this chapter and may require guarantees and evidence that such conditions will be complied with by the applicant.

(b) The building inspector shall render his/her decision on any moving permit and inform the applicant thereof within thirty-five (35) days of the receipt of the application for the permit. Failure of the building inspector to render his/her opinion and so inform the applicant within said period shall be deemed to be a denial of the application. The granting of any moving permit, when conforming to the provisions of the section is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the building inspector and the action thereon by said building inspector shall be final and conclusive, except in the event of a denial of the application by the building inspector an appeal is authorized as hereinafter provided. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-14.1).

15.10.080 Appeal.

(a) In the case the applicant or others affected are not satisfied with the action of the Planning Commission or a denial of an application by the building inspector, they may, within seven calendar days after rendition thereon of a decision by the Commission or the date upon which the building inspector informed the applicant of his/her decision, appeal in writing to the City Council. The City Council on its own motion, made within seven days of the Planning Commission decision, may consider the action of the Planning Commission the same as if an appeal had been taken therefrom.

(b) Said appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk, and when the appeal is taken by a person other than the original applicant, by the payment of an appeal fee set by resolution of the City Council. At its regular meeting held at least three days after the filing of said notice of appeal, the City Council shall set a date for hearing of said appeal, and the notice thereof shall be given to the applicant and to the Planning Commission or building inspector, as appropriate, and by posting as provided in SCCC 15.10.050. The secretary of the Planning Commission shall transmit to the City Council all maps, records, papers and files which constitute the record in the Planning Commission action from which an appeal was taken. When the appeal is from a decision of the building inspector the building inspector shall transmit to the City Council all maps, records, papers and files which constitute the record in the action from which such appeal was taken.

(c) The City Council shall render its decision within forty-five (45) days after the conclusion of said hearing, and the City Council in its decision may reverse, set aside, affirm, amend or modify the action of the Planning Commission or building inspector or it may remand said matter to the Planning Commission or building inspector for further study or action. Failure of the Council to render its decision within said period shall be deemed to be an affirmance of the action of the Planning Commission and building inspector.

(d) No building moving approval shall be effective in any case until after the granting of such building moving approval by the Planning Commission and after the period allowed for appeal, if any. In the event of an appeal, no such permit shall be effective until the matter has been finally acted upon by the City Council and said building moving approval has been finally approved by the City Council. Each and every moving permit issued pursuant to this chapter shall conform to the terms and conditions of any building moving approval and moving permit granted and as prescribed in this chapter. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-15).

15.10.090 Permit conditions – General.

Any permit issued under this chapter shall be subject to the following conditions:

(a) Moving Permit Fee. Moving permit fees shall be established, and amended, from time to time, by Council resolution. The fee will reimburse the City for costs incurred to assist the move in City rights-of-way and streets. This permit fee is in addition to and not in lieu of any prescribed fees for permits involving remodeling or alteration of any building.

(b) Deposit Permit Fee. No permit shall be used by any person unless there is previously placed on deposit with the Director of Finance five thousand dollars ($5,000.00) from which deposit there shall be deducted the sum of one hundred dollars ($100.00) for each hour or fraction thereof, during which the building or portion thereof, moved separately, is being moved over any portion of a public street in excess of the first twenty-four (24) hours, together with the cost of the service rendered by any employee of the City or by any company or corporation in protecting, trimming or cutting trees or removing and replacing wires or poles; and from which shall also be deducted such sums as will be necessary to cover any damage done to the property of any person along the route of the removal. Any dispute between the holder of a permit and the City as to the cost of any service rendered by any person or the amount of damage done to the property of any person shall be referred to the City Manager, building inspector and the City Attorney, and their decision shall be final.

(c) Accordance With Law. The proposal is consistent with and will not violate any law of the State of California, or City ordinance, rule or regulation, and that the building at its destination will be brought into conformity with all applicable building laws and zoning ordinances.

(d) Conditions of any building moving approval which are prerequisite to obtaining moving permit. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-16).

15.10.100 Rollers.

No building or part thereof shall be moved upon rollers unless planks are placed under said rollers of such width and in such manner as to protect the surface of the street from damage. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-17).

15.10.110 Truck.

No building or part thereof shall be moved unless moved on rollers or upon a truck having wheels equipped with pneumatic or solid rubber tires. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-18).

15.10.120 Protection of sidewalk.

The provisions of SCCC 10.05.340 shall be complied with by the permittee. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-19).

15.10.130 Duties of person in charge.

Every person in charge of the moving of any building, or part thereof, on or over the streets of the City shall:

(a) Notify the Fire Department of the City within one-half hour after sunset of the location of the building or part thereof, and the route over which the building or part thereof, is to be moved during the night.

(b) Give twenty-four (24) hours' written notice to any person responsible for trimming trees, removing wires or the doing of other things necessary to permit the moving of the building, or part thereof, over the route designated.

(c) Maintain red lights at each corner of the building, or part thereof, from one-half hour after sunset until one-half hour before sunrise.

(d) Provide the building inspector with evidence of applicant's public liability and property damage insurance in such maximum amounts as the building inspector may prescribe and provide the building inspector with such undertaking or other security as the building inspector, with the concurrence of the City Engineer, may deem necessary to protect the streets and other public property from injury.

(e) Give twenty (20) hours' written notice to the Chief of Police of the City of the time of moving and the route over which said building, or part thereof, is to be moved. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-20).

15.10.140 Timely completion and performance bond.

(a) No owner or lessee of property upon which any building, or part thereof, is to be located shall move, or cause to be moved, said building, or part thereof, unless the same shall be permanently placed, structurally completed and finished all in accordance with general condition SCCC 15.10.090(c) and any special condition of the particular moving permit and within ninety (90) days following the date such building, or part thereof, is moved to its new site.

(b) The owner or lessee of the property upon which a building, or parts thereof, is to be moved, shall, before a permit is issued under the provisions of this chapter, agree to so complete each such building, or part thereof, at its new location and post a bond for each such building, or part thereof, with and suitable to the building inspector to assure such performance. Each of such bonds shall be in the amount of one hundred ten percent (110%) of the cost of the renovation and remodeling of the building to be moved, as such cost is estimated by the building inspector. (Ord. 1096; Ord. 1142 § 1, 7-5-66. Formerly § 5-21).