CHAPTER 2. BUILDING MOVING AND DEMOLITION Revised 4/21

9-2.01 Purpose of Provisions.

The intent and purposes of this chapter are to provide a means whereby the partial or total destruction of buildings by wrecking, demolition or any other means, and the moving thereof may be regulated and controlled so as to safeguard and promote the public safety. It is recognized that the general welfare of the community and the citizens therein residing will be promoted by such regulation and control and that such regulation and control are in the public interest. (7140, as amended by §1, Ord. 944, eff. January 1, 1969)

9-2.02 Definitions.

For the purpose of this chapter, certain words and phrases used herein are defined as follows:

a. Buildings shall mean and include, but not be limited to, structures of manufacture or design used for business or storage purposes or as habitation for human beings or animals, or for any other purpose.

b. Destruction shall mean and include the partial or total disassembly of any building by means of any method whatsoever.

c. Movers shall mean and include all persons, individual or corporate, engaged in the moving of buildings in the City.

d. Moving shall mean and include the movement of a building from one location to another.

e. Owners shall mean and include all persons, individual or corporate, having an interest in or to the ownership of any property whereon the destruction of buildings or their removal is contemplated or has been performed.

f. Sidewalk shall mean and include any pathway or walkway, paved or unpaved, on public or private property customarily used for purposes of ingress or egress or through foot traffic by human beings or animals.

g. Street shall mean and include any streetway, parkway or driveway, paved or unpaved, on public or private property customarily used for purposes of ingress or egress or through traffic by vehicles of any kind or nature.

h. Wreckers shall mean and include all persons, individual or corporate, engaged in the activity of the destruction of a building within the City. (7141, as amended by §1, Ord. 944, eff. January 1, 1969)

9-2.03 Demolition Permits.

a. Permit Required. It shall be unlawful for any wrecker to engage in the destruction of any building or structure within the City without first obtaining a Destruction of Buildings Permit from the Building Official.

b. Action by Building Official. It shall be the duty of the Building Official to issue the permit required by this section upon the compliance by a wrecker with all rules and regulations required by this chapter and all other provisions of this Code. If the work authorized under a Destruction of Buildings permit has not been completed within ninety (90) days after issuance, the permit shall become null and void except as provided in this chapter.

c. Application for Permit. Application for a Destruction of Buildings Permit shall be made upon forms provided therefor by the Building Official and shall contain or have attached thereto the following information:

1. The name, address and telephone number of the applicant;

2. The location of the building which such applicant proposes to destroy and a description of the method to be used for such destruction;

3. At the time of the application the applicant shall, at his or her own expense, procure and, at all times during the process of the work hereunder and until final completion thereof, maintain in full force and effect, general liability insurance naming the City of Walnut Creek and its officers, officials, employees, agents and volunteers as insureds against all loss from liability, contingent or otherwise, for injury to, or death of, any person or persons, or damage to real or personal property, arising in or by reason of or in connection with the performance of the work herein contemplated, and agreeing to defend against all claims, demands, actions or legal proceedings made or brought by any person by reason of any such injury, death or damage and to pay all judgments, interests, costs, legal and other expenses arising out of or in connection therewith. Such policy shall have limits of at least One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Such insurance shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. The policy shall be endorsed to state that coverage shall not be cancelled or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. An original endorsement effecting coverage required by this provision shall be submitted with the application.

4. A cash bond or a surety bond in the amount of the estimated cost of building destruction, including the cost of protecting the public and cleaning the site, to guarantee the performance of all the terms of the building destruction permit by the wrecker. Such bond shall be returned to the wrecker or mover upon the performance of those acts specified in this chapter.

d. Issuance of Demolition Permits. A Destruction of Building Permit shall be issued by the Building Official if the application for a demolition permit is deemed complete under subsection (c) above. However, no demolition permit shall be issued for:

1. Buildings which are proposed for demolition and are identified as being historically or architecturally potentially significant in the General Plan unless the Community Development Director has certified that there are no feasible alternatives or no feasible mitigation measures available to substantially lessen the significant environmental effect of the demolition, or such measures are rejected by the Director because specific economic, social, or other conditions make such measures infeasible;

2. Any building or structure if the proposed demolition would otherwise be in violation of this code or a condition of approval under this code. (§1, Ord. 944, eff. January 1, 1969, as amended by §20, Ord. 1143, eff. August 30, 1972; by §1, Ord. 1777, eff. 10/24/91; §1, Ord. 1825, eff. 10/21/93; §2, Ord. 2094, eff. 1/1/11)

9-2.04 Moving of Buildings Permits.

a. Permit Required. It shall be unlawful for any mover to engage in the moving of a building or structure within the City without first obtaining a Moving of Buildings Permit from the Building Official and making payment of the fee required therefor.

b. Action by Building Official. It shall be the duty of the Building Official to issue the permit required by this section upon the compliance by mover with all rules and regulations required by this chapter and all other provisions of this Code. If the work authorized under a moving permit has not been completed within ninety (90) days after issuance, the permit shall become null and void except as provided in this chapter.

c. Application for Permit. Application for a Moving of Buildings Permit shall be made upon forms provided therefor by the Building Official and shall contain or have attached thereto the following information:

1. The name, address and telephone number of the applicant;

2. The location of the building which such applicant proposes to move and a description of the method to be used for such moving and the route of moving;

3. The position of the building proposed to be moved and the position of the building after movement is completed in relation to nearby buildings, streets and sidewalks;

4. Two (2) copies of a map, plat or ink drawing, graphically illustrating the information required by subsection (3) of this subsection (c);

5. Photographs of the building or structure to be moved and of the neighborhood in which building is to be relocated;

6. The name, address and telephone number of the owner of the building proposed to be moved as well as written consent by such owner for such movement;

7. Plans and specifications and costs of the work to be done and materials to be used in the alteration, improving and remodeling of the structure after being moved onto such proposed location, if the moving terminates within the City boundaries;

8. At the time of the application the applicant shall, at his or her own expense, procure and, at all times during the process of the work hereunder and until final completion thereof, maintain in full force and effect, general liability insurance naming the City of Walnut Creek and its officers, officials, employees, agents and volunteers as insureds against all loss from liability, contingent or otherwise, for injury to, or death of, any person or persons, or damage to real or personal property, arising in or by reason of or in connection with the performance of the work herein contemplated, and agreeing to defend against all claims, demands, actions or legal proceedings made or brought by any person by reason of any such injury, death or damage and to pay all judgments, interests, costs, legal and other expenses arising out of or in connection therewith. Such policy shall have limits of at least One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Such insurance shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. The policy shall be endorsed to state that coverage shall not be cancelled or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. An original endorsement effecting coverage required by this provision shall be submitted with the application.

9. A cash or surety bond in the amount to be determined by the Building Official to guarantee the performance of all terms of the moving permit and this chapter by the mover. Bond shall be returned to the mover upon the performance of those acts specified in this chapter; and

10. Payment of the fee required by Section 9-2.05 of this chapter. (7142, as amended by §1, Ord. 944, eff. January 1, 1969, by §20, Ord. 1143, eff. August 30, 1972; §2, Ord. 1825, eff. 10/21/93; §2, Ord. 2094, eff. 1/1/11)

9-2.05 Permit Fees.

A fee shall be charged for the issuance of a permit for the moving of any building, regardless of size. An additional fee shall be charged for the moving of any building, regardless of size, which terminates within the City boundaries. The sums to be paid under this section shall be as provided in the Resolution Establishing Fees and Charges for Various Municipal Services, located in the office of the City Clerk. (7143, as amended by §1, Ord. 944, eff. January 1, 1969, and by §1, Ord. 1030, eff. September 16, 1970)

9-2.06 Application to Move Building Within City Limits. Revised 4/21

In the event the application provided for in Section 9-2.04 involves the movement of a building which terminates within the boundaries of the city, the Building Official shall:

a. Inspect the structure for conformance with the provisions of Chapters 1, 3, 4 and 6 of Title 9 of this code;

b. Inspect the plans and specifications to determine whether the building, when completed and in place, will have such finish and remodeling as to give the structure a finished appearance;

c. Determine the reasonable cost of placing and completing the building according to plans and specifications, which cost shall be the principal sum of a performance bond to be posted by the applicant to guarantee performance of required alterations and improvements;

d. Endorse on the application whether the applicant has complied with Chapter 1 of Title 7 of this code;

e. Forward the application to the Planning Manager who shall determine whether the proposed move will be in accordance with existing zoning regulations and inscribe his approval or disapproval based upon such determination and return same to the Building Official;

f. The Planning Manager shall then refer such application, together with his full report thereon and all information relative thereto, as provided in this chapter, to the Design Review Commission which shall determine whether or not the permit shall be granted. The Design Review Commission may impose such conditions upon such permit as it may deem necessary to assure that such building when completed and in place will have the finish and remodeling as to give the structure a finished appearance and be in architectural harmony with other properties in the vicinity;

g. At the conclusion of the hearing, the Design Review Commission shall make written findings of the essential facts as required by law. A copy of the decision and findings shall be mailed by the Planning Manager to the applicant at the address given in the application and to such other persons as shall so request in writing, and a copy shall be kept in the file in the office of the Planning Manager. The decision of the Design Review Commission may be appealed pursuant to Section 10-4.307 of this code. No decision shall be final until the opportunity to appeal has expired. After the approval of the moving permit shall have become final, the Building Official shall issue the permit upon the posting of a performance bond in the amount determined by him to accomplish the work as required herein. The condition of the bond shall be that the holder of the permit will place and complete the building according to the plans and specifications and the provisions set forth in this chapter and as required by the Design Review Commission, and the bond shall guarantee that such alterations and repairs shall be completed within the time limit set forth in subsection (h) below;

h. All alterations and improvements required by such plans and specifications of the Design Review Commission and the Building Official and the provisions of this chapter shall be completed within ninety days after issuance of the moving of building permit. Such time may be extended by the Design Review Commission upon submission of written proof to it by the holder of the permit that conditions beyond his control make it impossible for him to complete the same within such time;

i. Upon the failure of the holder of such permit to complete the requirements as set forth within ninety days or any extension thereof, the Building Official, through the City Attorney, shall undertake such action against the principal and surety on the performance bond as is necessary to accomplish such completion; and

j. If the holder of such permit and the surety have, for six months, failed to place and complete the building as set forth in this chapter, the Building Official may institute the necessary proceedings as required by law to abate such building by completion and reconstruction or by demolition, the cost of which shall be a charge upon the holder of the permit and his surety. (7144, as amended by §2, Ord. 959, eff. April 16, 1969, by §20, Ord. 1143, eff. August 30, 1972, by §1, Ord. 1438, eff. August 23, 1979; §2, Ord. 2094, eff. 1/1/11; §18, Ord. 2209, eff. 3/19/21)

9-2.07 Safety Requirements.

a. License. All rights and privileges acquired pursuant to the provisions of this chapter are mere licenses revocable at any time by the Council, and all permits shall carry this provision.

b. Traffic Hazard. No destruction or moving of buildings shall be performed in such a manner as to create a hazard to foot or vehicular traffic or to unreasonably impede such traffic.

c. Danger to Persons and Property. No destruction or moving of buildings shall be performed in such a manner as to create a hazard to the health or safety of any person or to the property of any person not engaged in such destruction or owning property upon which such destruction or moving is being performed. (7145, as amended by §1, Ord. 944, eff. January 1, 1969)

9-2.08 Notice to Cease.

If, in the opinion of the Building Official exercising reasonable and considered judgment based upon a personal inspection of the site, it is determined that such destruction or moving is being performed in a manner so as to create a hazard or danger prohibited by this chapter, the Building Official shall issue a written notice to the persons so engaged in such destruction to cease activity immediately. Upon receipt of such a notice, all persons so engaged in such destruction or moving shall cease such activity immediately and comply with all orders of the Building Official. (7146, as amended by §1, Ord. 944, eff. January 1, 1969; §20, Ord. 1143, eff. August 30, 1972; §2, Ord. 2094, eff. 1/1/11)

9-2.09 Bond.

The bond referred to in Sections 9-2.03, 9-2.04 and 9-2.06 of this chapter shall guarantee performance by the wrecker or mover of the following acts:

a. To keep all streets and sidewalks clean and free of all debris of any kind or nature or of any produce of, or used for, the destruction or moving of buildings;

b. To provide for and erect barricades or overhead protection around or over sidewalks when so directed by the Building Official when in the opinion of the Building Official such barricades or protection is necessary to promote the preservation of the health or safety of persons or property;

c. To leave the site of the destruction or moving of buildings and all adjacent property, upon completion of such destruction, in a clean and level condition, removing from the site all foundations and debris of any kind or nature, and to fill to grade all holes, depressions or trenches created by or resulting from such destruction or moving of buildings and to complete all work within the time designated in the permit; and

d. To repair all damage done to public or private property in the destruction or moving of a building. (7147, as amended by §1, Ord. 944, eff. January 1, 1969; §20, Ord. 1143, eff. August 30, 1972; §2, Ord. 2094, eff. 1/1/11)

9-2.10 Forfeiture of Cash Bond.

Upon the failure of the wrecker or mover to comply with any of the provisions of this chapter or the permit, the City shall initiate and complete performance of such provisions at City expense and shall then declare forfeited so much of such bond as shall be necessary to reimburse the City for such expenses. Upon completion of the destruction of moving of buildings under the provisions of this chapter and a determination by the Building Official that the wrecker or mover has complied with the provisions of this chapter, the Building Official shall return the bond or the balance thereof to the mover or wrecker. (7148, as amended by §1, Ord. 944, eff. January 1, 1969; §20, Ord. 1143, eff. August 30, 1972; §2, Ord. 2094, eff. 1/1/11)

9-2.11 Completion of Work by City.

In addition to or as an alternative of the penalties imposed in Title 1 of this Code and the penalties set forth in this chapter, the Building Official may, after written notice to the permit holder and, upon a finding thereof that the wrecker or mover and his agents or employees have failed to comply with any of the provisions of this chapter or the permit, order the immediate cessation of destruction or moving and proceed with cleaning and leveling the site of such destruction. The City may use any legal means available to secure compensation for the cost of any work done by the City under this section from the wrecker and the owner of the site whereon such destruction took place, either jointly or alternatively. (7149, as amended by §1, Ord. 944, eff. January 1, 1969; §20, Ord. 1143, eff. August 30, 1972; §2, Ord. 2094, eff. 1/1/11)

9-2.12 Improvements for Traffic.

In addition to all other requirements for issuance of a permit to move a structure terminating within the boundaries of the City, no such permit shall be issued until the City Engineer shall have certified that improvements for the handling of traffic, both vehicular and pedestrian, have been installed on the streets upon which the property involved abuts, or that contractual arrangements approved by the Council have been made to provide such improvements at such times as the Council shall request, at the sole expense of the applicant and without cost to the City.

For the purpose of this section, "improvements" shall mean street paving and/or curbs and/or sidewalks, and shall include dedication to the City of an easement over the improved areas for such purposes, in a form satisfactory to the City Attorney, sufficient for public vehicular and pedestrian travel and the maintenance and policing of the improved area by the City; and "street" shall mean a public street or way or other area open to the public for pedestrian and vehicular traffic where the Council shall have adopted an official grade to which the sidewalks and curbs shall be constructed.

Any person dissatisfied with the finding of the City Engineer that the installation of improvements is required may appeal such finding to the Council for review and decision under Chapter 4 of Title 1 of this Code, and upon an affirmative showing that the proposed structure will not cause an additional traffic burden, vehicular or pedestrian, at such location, the Council may grant the permit without requiring the installation of improvements. (7150, as amended by §1, Ord. 944, eff. January 1, 1969)