It is unlawful for any person, firm or corporation to move, or cause to be moved, any structure upon any lot, piece or parcel of land located within the city, without first having obtained a permit as provided in this chapter.
(Ord. 463 § 2, 1989)
Prior to making an application for a permit pursuant to the provisions of this chapter, any person may, upon payment of the initial inspection fee hereinafter prescribed, have an inspection made by the chief building inspector of the structure to be moved and written report prepared listing the alterations, if any, which will be required in the structure. The initial inspection fee shall be nonrefundable. Initial inspection fee shall be established by city council resolution.
(Ord. 463 § 2, 1989)
Every application for a permit to move a structure shall be:
A.
Made on forms provided by the chief building inspector;
B.
Accompanied by plans and specifications in such detail as the chief building inspector may require; indicating thereon the location of the property upon which the structure is to be moved, the exact location on that property to be occupied by the structure to be moved, and any additions to be constructed, the alterations and remodeling to be done to the structure and the estimated cost thereof, and the site improvements planned for the property and their estimated costs.
(Ord. 463 § 2, 1989)
Every application for a permit to move a structure shall be processed as follows:
A.
The director of planning shall determine whether the proposed move will conform to existing zoning regulations.
B.
The chief building inspector shall inspect the structure for conformance to the building, housing, plumbing and electrical codes of the city, and determine what repairs, alterations or remodeling will be required to make the structure conform to all requirements of the aforementioned codes.
C.
The chief building inspector shall examine the parcel, lot or building site upon which the structure is to be moved and determine what public improvements such as concrete curb and gutter, sidewalk and street trees are required to conform to city codes, ordinance and regulations and what site improvements such as driveways, walkways, retaining walls, etc., are required to serve the structure.
D.
The chief building inspector shall then examine the plans and specifications submitted with the application to determine whether the building, when completed in accordance with the plans and specifications, will conform to all applicable ordinances, codes, rules and regulations.
E.
The chief building inspector shall determine the reasonable cost of placing and completing the building in its new location, excluding costs of moving, but including costs of new foundations and all necessary improvements in front of the site, which total cost shall be the principal amount of a performance bond to be posted by the applicant to guarantee performance of the required alterations and improvements.
F.
The applicant, or agent, must furnish evidence to the chief building inspector that the police chief has approved the moving route to be followed and that there has been compliance with the reasonable requirements of the affected public utility companies as required by Section 15.36.100.
G.
If there is any defect in the application or in the accompanying plans and specifications, the applicant shall have thirty days' written notice from the building official within which to remedy the defects. If the defects are not remedied within the thirty days, the chief building inspector shall deny the application and shall so inform the applicant in writing. Thereafter, should the applicant desire to revive the application, he or she shall pay another application fee of twenty-five dollars.
H.
Upon finding that the applicant has complied with all applicable codes, ordinances, rules and regulations, the chief building inspector shall then cause the application to be set for public hearing before the planning commission, with notice to be given as is prescribed for use permits and variances.
I.
The planning commission shall hold the public hearing on the application and shall within thirty days thereafter, either approve, conditionally approve or disapprove the application. The planning commission shall determine among other things whether the structure will, when moved onto the desired land, be as architecturally compatible with the neighborhood, as conducive to good development on nearby land, as much in the public interest and as protective of public health, safety and welfare as a new structure which could legally be constructed on the property.
J.
Upon approval of the application by the commission, the chief building inspector shall inform the applicant of the principal amount of the required performance bond.
K.
The applicant shall, after approval of his or her plans and specifications, post with the chief building inspector a performance bond in the amount determined by the chief building inspector, the bond to be written by a surety company licensed to do business in the state. The bond shall name the city as obligee and the condition of the bond shall be that the holder of the permit will place and complete the building and construct the site improvements according to the approved plans and specifications and within the time limits specified in this chapter.
L.
Not sooner than five days after approval of the application by the commission, and after receipt of the required performance bond, the chief building inspector shall, unless the commission's approval has been appealed pursuant to Section 15.36.050, issue a permit to move the structure in accordance with the approved plans and specifications.
(Ord. 463 § 2, 1989)
The applicant or any opponent of the application may appeal the decision of the planning commission to the city council. In case of appeal, the chief building inspector shall not issue the permit to move the structure unless and until the appeal is resolved in favor of the applicant.
(Ord. 463 § 2, 1989)
No application for a permit to move a structure may be filed with the chief building inspector within a period of one year after a previous application to move the same structure onto the same parcel of land or onto any parcel of land within three thousand feet of the desired new location for the structure has been denied.
(Ord. 463 § 2, 1989)
In order to prevent moved structures from remaining incomplete for indefinite periods of time, the following time schedule shall apply to the moving of structures:
A.
All required alterations and improvements to structures and site, as shown on the approved plans and specifications, shall be completed within ninety days after issuance of the permit.
B.
This time may be extended for not to exceed an additional thirty days by the chief building inspector upon submission of written proof by the holder of the permit that conditions beyond his or her control make it impossible to complete the required alterations and improvements within the first ninety days.
C.
Should the permittee be unable to complete the required alterations and improvements within the allowed time, he or she may make written application to the planning commission for an extension of time, setting forth in the application the reasons why the additional time is needed. The commission may grant such time extension as, in its opinion, is justified by the circumstances, or it may deny the application.
D.
Where the holder of a permit moves a structure and fails to complete the required alterations and improvements within ninety days or any extension thereof, the building official shall, with the advice and assistance of the city attorney, take such action against the principal and surety on the performance bond as is necessary to accomplish completion of the required alterations and improvements.
E.
If the holder of the permit and the surety have failed to place and complete the building and construction site improvements according to the approved plans and specifications within one year of the date of issuance of the permit, the chief building inspector may summarily abate the structure by completion according to the plans or by demolition, upon at least ten days' notice of such intention to the holder of the permit and the surety, absent substantial action by the holder of the permit and the surety to place and complete the removal of the structure. The cost of the completion or demolition by the chief building inspector shall be a charge upon the holder of the permit and his or her surety.
(Ord. 463 § 2, 1989)
Every violation of this chapter is a public nuisance. The city attorney shall, when so directed by the city council, take such action or proceedings in such court or courts as he or she may deem necessary or expedient to abate the same. In addition to any other remedy provided by law, the chief building inspector may, when he or she finds that the condition of any moved structure is a present and imminent menace to public safety, take such measures as are necessary to protect life and limb, without notice to any person and without further process. The cost of performing such measures shall be a charge upon the holder of the permit and a lien upon the building.
(Ord. 463 § 2, 1989)
All properties upon which structures are to be moved must have concrete curb and gutter and concrete sidewalk along the street frontages of the property, or such curb, gutter and sidewalk must be shown on the approved plans and specifications and constructed along with other site improvements as specified in this chapter.
(Ord. 463 § 2, 1989)
Structures may be moved on city streets only by owners of their own use or by duly licensed house moving contractors. In any event, no person, firm or corporation shall move any structure along the streets of the city without complying with the following requirements:
A.
Every mover must have on file with the city clerk a valid, current performance bond, issued by a surety company licensed to do business in California, naming as obligees, the city and all persons, in the principal amount of three thousand dollars, the conditions of which bond shall be as follows:
1.
That the mover will comply with all applicable laws and ordinances;
2.
That the mover will pay any and all damages which may result from any structure moving done by him or her, his or her agents, employees or workers, in the city, to any house, building, fence, tree, pavement, sidewalk, curb, gutter, utility pole, wire, hydrant, traffic signal, traffic sign or any other appurtenance in, on or under any street right-of-way, whether such facility is owned by the city, a private person or by some privately-owned public utility using the streets by virtue of a franchise;
3.
That the mover will save, indemnify and keep harmless the city against all liabilities, judgments, costs and expenses which may in any way accrue against the city in consequence of such structure moving.
B.
No structure being moved in or through the city shall be permitted to stand on any street between the same intersecting streets for a longer period than twenty-four hours.
C.
Notice of the route to be followed must be given to the police chief at least twenty-four hours prior to the intended movement of any structure in or through the city. Upon approval of the route to be followed, the police chief shall issue his or her written approval of the route. Every person, firm or corporation moving a structure in or through the city shall have in his or her possession the written approval of the police chief.
D.
Should the moving of any structure described herein require interference with any public utility structure, the applicant shall, after obtaining the written approval of the police chief as to the route to be followed, notify any and all public utilities involved of the tentative time of such moving and the estimated load height of the structure and moving equipment. Applicant shall indemnify a public utility against any and all damages or charges that are a direct and proximate result of the moving of any structure described herein. Application shall bear the cost and indemnify a public utility for any and all reasonable claims or charges that are a direct and proximate result of necessary measures required to protect utility structures from damages that may reasonably result from the moving of structures as herein described.
(Ord. 463 § 2, 1989)