It is unlawful for any person, firm, or corporation to move
or cause to be moved any building or structure or any section of any
building or structure into the city of Fountain Valley for permanent
establishment in the city or from one location to another in the city,
without first obtaining a relocation permit from the building and
planning department of the city.
(Ord. 1593 § 2, 2022)
All applications for relocation permits shall first be filed
with the planning and building department for initial inspection of
the building to be moved. The planning and building department shall
complete their inspection within a reasonable time after filing. The
building and safety director or authorized representative, shall then
forward his or her report to the planning commission with his or her
correction list, improvement bond estimate and recommendations as
the planning and building department is presently required to do under
existing ordinances. Inspection fees required by the building code
and/or city council shall be required.
(Ord. 1593 § 2, 2022)
All applicants desirous of relocating a building or structure
within the city after initial inspection by the planning and building
department shall then make an application to the planning commission
of the city, which application shall contain the following:
(a)
Name of owner;
(b)
Complete description of the building or structure to be moved, designating
its type, construction material, age, size, and any other pertinent
information that may be required by the city engineer, planning department,
or planning and building department;
(c)
A description of the route over, along, across, and upon which such
building or structure, section, or portion thereof, is to be moved
within the city and the time within which the work of moving will
be commenced and completed;
(d)
A complete description of any proposed addition, alteration, or repair
or improvement to be made to said building or structure either before
or after it is moved and a statement of the approximate commencement
and completion of such proposed addition, alteration, repair or improvement;
(e)
Four eight and one-half-inch by eleven-inch photographs, showing
front, rear, left, and right side elevations;
(f)
A statement supported by relevant evidence indicating that all necessary
authorizations and permits have been obtained from the operator of
any public utility which might be affected by such moving operations;
(g)
The proposed use to which such relocated building and structure will
be put;
(h)
A termite inspection report by a reliable termite exterminator company,
licensed by the state of California; and
(i)
The name of the mover.
(Ord. 1593 § 2, 2022)
All such relocations shall require a hearing before the planning
commission. The application set out in the previous section shall
be accompanied by a filing fee as established by resolution of the
city council, to cover the cost of making maps, mailing notices, and
other administrative expenses involved. Such fee shall not be refundable,
whether a permit is issued or not.
(Ord. 1593 § 2, 2022)
Prior to the hearing held by the planning commission, the planning
and building director shall advise all affected city departments of
such application. These departments shall submit recommendations to
the planning commission for consideration prior to the time of the
public hearing.
(Ord. 1593 § 2, 2022)
At least ten days before the hearing before the planning commission,
notices of the time and place of such hearing and the purpose thereof
shall be given by the mailing of notices, to all property owners,
within a distance of five hundred feet from the exterior limits of
the property to which any such building or structure is to be moved.
A notice of such hearing shall also be mailed to the applicant at
the address listed in the applicant's application.
(Ord. 1593 § 2, 2022)
No permit shall be issued for the relocation of any building
or structure from one location to another location within the city
if said building or structure, in the opinion of the planning commission,
is so old, dilapidated, and in such a state of disrepair as to be
unsanitary or otherwise unfit for human habitation, occupancy, or
use, or would by reason of its exterior appearance be detrimental
to the property value and residential character of other properties
within one thousand feet from its new location (vacant area shall
be considered developed to highest and best use permitted by the existing
zone), or the proposed use of said building or structure is prohibited
by the zoning ordinance of said city; or if the building or structure
is of a type prohibited in the proposed location by the building code,
or any other law or ordinance, or if the cost to repair such building
is such that it would be prohibitive under the present laws and ordinances
of the city.
(Ord. 1593 § 2, 2022)
No permit shall be issued, nor shall the planning commission
make any decision concerning any application for the movement of any
building or structure until:
(a)
A set of architectural plans of the completed structure is submitted;
(b)
A faithful performance bond, executed by a responsible surety company
authorized to do business in the state of California, or by two responsible
private individuals, in an amount as recommended by the planning and
building department as being necessary to bring such structure or
building up to existing building codes and other applicable laws or
ordinances is submitted. Said bond and corrections shall be limited
to ninety days from the date of issuance of building permits. One
thirty-day extension may be granted by the building and safety director
when extenuating circumstances are evident; and
(c)
A bond on file with the city clerk which shall be a good and sufficient
surety bond issued by a company acceptable to the attorney for the
city, or a cash deposit in the principal sum of two thousand dollars
in favor of the city for the benefit of any person, firm, or corporation
who may be damaged directly or indirectly by the moving of said building
or structure, provided that any person, firm, or corporation engaged
regularly in the business of moving buildings may deposit with the
city clerk a surety bond approved by the attorney for the city, or
a cash deposit in the sum of ten thousand dollars indemnifying the
city for like purposes and in that event such person, firm, or corporation
need not file the said two thousand dollar bond or cash deposit hereinabove
required for any single moving operation.
(Ord. 1593 § 2, 2022)
The planning commission, in authorizing the issuance of a relocating
permit, may impose thereon such terms and conditions as it may deem
reasonable and proper in the interest of public safety, welfare, morals,
and well-being, including, but not limited to, the requirements of
changes, alterations, additions, or repairs to be made to or upon
the building or structure, or removal of any nonconforming uses or
structures. Further terms or conditions may be imposed by the planning
commission in accordance with the building code, zoning, and fire
code regulations. The terms and conditions upon which any permit is
granted, either by the planning commission or by the city engineer
shall be written upon the permit or appended thereto. Upon authorization
of the relocation permit, the applicant shall in addition comply with
other city ordinances as they pertain to oversize and overweight loads
and shall obtain the necessary additional permits and pay the additional
fees. Drainage, sewerage, and other charges as required by the laws,
rules, and regulations of the city shall be required.
(Ord. 1593 § 2, 2022)
In case of any damage to any street, or other public property,
or public utility owned by the city, the city shall do or cause to
be done such work as may be necessary to restore the street or other
public property, or public utility, to as good a condition as the
same was in prior to such damages 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 structure, or section or portion thereof.
A final inspection will not be made or passed on the condition or
repair of any building or structure until all charges, costs and fees
to the city incidental to said relocation have been paid.
(Ord. 1593 § 2, 2022)
The provisions of this chapter shall apply to all persons, firms,
associations, or other corporations moving buildings or structures
through or within said city, or to be located within said city, providing
that upon a proper showing the planning commission may waive one or
more of the requirements of this chapter or may reduce or waive filing
or permit fees where the building or structure to be moved is known
by or is to be used or occupied by another public agency or where
the distance which such building or structure is to be moved is so
small as to warrant a modification of the fees or other requirements
hereof.
(Ord. 1593 § 2, 2022)
Within fifteen days after completion of said hearing by the
planning commission, the planning commission shall render its decision
on the matter. The decision of the planning commission and any provision
or restriction imposed shall be final unless an appeal in writing
to the city council is filed with the city clerk in accordance with
the appeal provisions of Title 21. If the application is approved
and no appeal filed within the twenty-day stay period, the planning
commission shall return the application to the planning and building
department for the issuance of a permit noting the restrictions and
the requirements imposed by the planning commission, and a certification
that all necessary charges and fees have been paid.
(Ord. 1593 § 2, 2022)
The permit or permits herein authorized shall be in addition
to all permits required under any other ordinance of the city and
all such relocated buildings or structures shall be subject to the
inspection of the planning and building department, planning department,
and city engineer and must conform to all requirements of the building
code and other codes or ordinances relating to building, construction,
relocation, and necessary installations incident thereto.
(Ord. 1593 § 2, 2022)
Every person, as principal, agent, or otherwise, violating or
failing or neglecting or refusing to comply with any of the provisions
of this chapter shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not exceeding five hundred
dollars or by imprisonment in the County Jail for a period of not
exceeding six months or by both such fine and imprisonment. Each such
person as principal, agent, or otherwise, shall be guilty of a separate
offense for each day during any portion of which the violation of
or the failure, neglect, or refusal to comply with any of the provisions
of this chapter is committed, continued, or permitted by such person.
(Ord. 1593 § 2, 2022)
