A. No
person shall relocate any unit upon any premises in the city without
a permit therefor from the director of community development. Such
permit may be referred to as a "relocation permit."
B. Exceptions.
1. No
relocation permit shall be required for any unit moved from a site
outside the city, through the city to a site outside the city; or
moved from a site inside the city to a site outside the city, or for
a unit to be used by a governmental agency for a governmental purpose.
2. No
relocation permit shall be required for any unit to be moved to a
location in the city for use as a temporary structure required during
the course of construction work in accordance with the Uniform Building
Code.
3. No
relocation permit shall be required in order to relocate on the same
lot in the city an accessory unit not exceeding 600 square feet in
area provided the director of community development after investigation
first finds, in writing, that such relocation will not be likely to
cause detrimental effects upon adjacent property. Every right or privilege
authorized by the granting of such exception to the relocation permit
requirement shall terminate two years after the granting of such approval
unless the exercise of such right or privilege has commenced in good
faith prior to such time except as otherwise provided in this section.
Such rights and privileges shall also be terminated at such time as
the director of community development may designate in such approval
or upon any interruption or cessation in work leading to completion
of such building relocation for one year or more. A copy of such written
findings shall be filed with the building official.
(Prior code § 21-64; Ord. 4961 § 1, 1991; Ord. 5803 § 30, 2013)
A. Every application to the director of community development for a relocation permit required by Section
15.04.120 shall be in writing upon a form furnished by the city clerk.
B. The
application shall have attached thereto:
1. A
statement of a licensed structural pest control contractor stating
the condition of the property as to decay and pest infestation;
2. Photographs
of each structure to be relocated showing front, rear and all sides;
3. Accurate
plot plan depicting property boundaries, exact proposed location of
relocated structures, all other structures to remain on the new site,
and all other site improvements required to bring the receiving property
into conformity with all city ordinances;
4. Plan
of reconstruction for each unit;
5. Proof
of date of original construction of subject structures.
(Prior code § 21-65; Ord. 5803 § 31, 2013)
The city clerk shall set the application for public hearing
before the hearing officer and give notice of the hearing as follows:
A. The
notice of hearing shall set forth the nature of the proceedings, the
time and place of the hearing, the present location of the building
or structure, and the location of the property on which the building
or structure is to be located.
B. A copy
of the notice of hearing shall be posted on the property where the
building or structure is to be located at least 10 days before the
date of the hearing.
C. A copy
of the notice of hearing shall also be mailed, postage prepaid, at
least 10 days before the date of hearing, to the applicant and to
the owners of property within a radius of 500 feet of the exterior
boundaries of the property where the building or structure is to be
relocated, as such ownership appears on the latest assessment rolls
of the county.
(Prior code § 21-66; Ord. 5803 § 32, 2013)
The building official shall cause an inspection to be made of
the building or structure to be moved, shall prescribe the required
changes, alterations, additions or repairs to be made to or upon such
building or structure to make such building or structure in its proposed
location within the city to comply with the requirements of this code
and other applicable laws and regulations pertaining thereto, and
shall estimate the cost thereof; and the building official may propose
such terms and conditions as the building official may deem reasonable
and proper, which shall be in writing and filed with the director
of community development prior to the hearing on such application.
(Prior code § 21-67; Ord. 5803 § 33, 2013)
A. The
hearing officer shall review the application and all evidence submitted
and shall disapprove such application if the building or structure:
1. Because
of age, size, design or architectural treatment, does not substantially
conform to the general design, plan and construction of the buildings
in the neighborhood where the building or structure is to be relocated,
and would cause appreciable harm, or be materially detrimental, to
the property or improvements in such neighborhood within a radius
of 500 feet from the proposed site;
2. Is
prohibited by zoning provisions of this code;
3. Is
so constructed or in such condition as to be dangerous;
4. Is
infested with pests or is unsanitary;
5. If
it be a dwelling or other building for human habitation, it is unfit
for such use;
6. Is
in a dangerous or defective condition or in such condition that remedy
or correction of such condition cannot practicably and effectively
be made;
7. Is
of a type prohibited at the proposed location by this code, or by
any other law; or
8. Is
proposed to be located in a manner which would be inconsistent with
the adopted general plan of the city.
B. If
the hearing officer finds that the building or structure can be practicably
and effectively repaired so that it will substantially conform to
the general design, plan and construction of the buildings in the
neighborhood of the relocation site, the hearing officer may approve
the application subject to such conditions as may be deemed necessary
to ensure such conformance. Any conditions imposed by the hearing
officer shall be in writing. Every right or privilege authorized by
a relocation permit shall terminate two years after the approval of
such permit unless the exercise of such right or privilege has commenced
in good faith prior to such time except as otherwise provided in this
section. Such rights and privileges shall also be terminated at such
time as the hearing officer may designate in the approval of the relocation
permit or upon any interruption or cessation in work leading to completion
of such building relocation for one year or more.
(Prior code § 21-68; Ord. 4961 § 2, 1991; Ord. 5356 § 1, 2003; Ord. 5803 § 34, 2013)
The city clerk shall not issue a relocation permit until the
permittee, or the permittee's authorized agent, shall have first deposited
with the city clerk a cash bond in an amount equal to the estimated
cost plus 10% of the work required to be done in order to comply with
all of the conditions under which the relocation permit is issued.
Every such deposit made pursuant to this section shall be conditioned
as follows:
A. That
each and all of the terms and conditions of the relocation permit
shall be complied with to the satisfaction of the permit services
administrator; and
B. That
all of the work required to be done pursuant to the conditions of
the relocation permit shall be fully performed and completed within
the time limit specified in the relocation permit; if no time limit
is specified, the work shall be completed within 90 days after the
date of the issuance of the relocation permit. The time limit specified
in this section in any permit issued under this chapter may be extended
for good and sufficient cause, either before or after such time period
has expired, by written order of the permit services administrator.
C. In
the event that permittee fails to fully perform and complete the work
required to be done in order to comply with all of the conditions
under which the relocation permit is issued, or if an extension of
time or extensions have been granted by the permit services administrator,
within the time specified in such extension or extensions, the permit
services administrator shall give written notice to the permittee
of such default. In such notice of default the permit services administrator
shall state the work to be done, the estimated cost thereof, and the
period of time deemed by the permit services administrator to be reasonably
necessary for the completion of such work. If compliance is not had
within the time specified, the permit services administrator shall
proceed without delay and without further notice or proceedings whatever
to cause the required work to be done by contract or otherwise in
the permit services administrator's discretion and deduct from the
cash bond deposited the cost of the work plus 10% thereof, which 10%
shall be retained by the city to cover administrative costs of the
building section.
D. In
lieu of completing the work required, the director of public works
may demolish the building or structure and clear, clean and restore
the site, and deduct from the cash bond deposited the cost of the
work plus 10% thereof, which 10% shall be retained by the city to
cover administrative costs of the building section.
(Prior code § 21-69)
The terms of each cash bond deposited pursuant to this chapter
shall begin upon the date of deposit and shall end upon completion
to the satisfaction of the director of public works of the performance
of all the terms and conditions specified in the relocation permit.
At that time the permit services administrator shall return the cash
deposit to the depositor, to his or her successors or assigns, except
any portion thereof which may have been used or deducted as provided
in this chapter.
(Prior code § 21-70)
All officers and employees of the city involved in processing
an application for a relocation permit or enforcing compliance with
its conditions shall have access to the premises described in the
permit for the purpose of inspecting the site, the work and its progress.
(Prior code § 21-71)
In the event of any default in the performance of any terms
or conditions of the relocation permit, any person employed or engaged
on behalf of the permittee or the permit services administrator or
any person employed or engaged on his or her behalf may go upon the
premises to complete the required work or to remove or demolish the
building or structure. The owner, the owner's representative, successor
or assign, or any other person who interferes with or obstructs the
ingress or egress to or from any such premises, or any authorized
representative or agent of the city engaged in the work of completing,
demolishing or removing any building or structure for which a relocation
permit has been issued, after a default has occurred in the performance
of the terms or conditions thereof, is guilty of a misdemeanor.
(Prior code § 21-72)