Note: Prior ordinance history: Ordinances 423, 346, 299 and 275.
Section 6801-6819, "Chapter 68—Relocation Permits," is added to read as stated in Sections 15.12.020 through 15.12.200.
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6801 is added to read as follows:
"Section 6801 - Relocation Building Permit Required.
"A person shall not move onto any premises any building or structure, except a contractor's tool house, construction building or similar structure which is moved as construction requires, until he first posts a surety bond and secures a relocation building permit as hereinafter provided."
(Prior code § 26-2(g); Ord. 438 § 1 (part))
Section 6802 is added to read as follows:
"Section 6802 - Waiver of Bond or Permit.
"Neither a bond nor a deposit need be posted nor made in any case where the Building Official finds that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building to an adjacent property of the same owner, and that no such security is necessary in order to assure compliance with the requirements of this chapter.
"The Building Official may waive the requirement of a bond or deposit when the owner of the property is a governmental agency. A permit, bond or cash deposit is not required where the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6803 is added to read as follows:
"Section 6803 - Application.
"Every application to the Building Official for a relocation building permit shall be in writing upon a form furnished by the Building Official and shall set forth such information as the Building Official may reasonably require in order to carry out the purpose of this chapter."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6804 is added to read as follows:
"Section 6804 - Investigation Required.
"In order to determine any of the matters presented by the application, the Building Official may require plans, photographs or other substantiating data, and may cause to be made any investigation which he believes necessary or helpful. He may refer the matter for further investigation to the Planning Commission. After the investigation is completed if the applicant fails to post the required bond and secure the relocation building permit within 60 days, the application is null and void."
(Prior code § 27-2 (g); Ord. 438 § 1, 1973)
Section 6805 is added to read as follows:
"Section 6805 - Application Fees.
"The applicant for a relocation building permit shall pay an application and investigation fee, as provided by Section 303(c), to the Building Official for inspection of the building at its present location and investigation of the proposed site."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6806 is added to read as follows:
"Section 6806 - Permit Fees.
"Relocation building permit fees for repairs or alterations to relocated buildings shall be required in accordance with Section 303 of this Code."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6807 is added to read as follows:
"Section 6807 - Issuance of Permit.
"If the condition of the building or structure in the judgment of the Building Official admits of practicable and affective repair he may issue a relocation building permit to the owner of the property where the building or structure is to be located upon conditions as hereinafter provided; otherwise the permit shall be denied."
(Prior code § 27-2 (g); Ord. 438 § 1, 1973)
Section 6808 is added to read as follows:
"Section 6808 - Prohibited Buildings.
"Except as otherwise provided in this chapter, the Building Official shall not issue a relocation building permit for any building or structure which:
1. 
Is so constructed or in such condition as to be dangerous.
2. 
Is infested with pests or is unsanitary.
3. 
If it be a dwelling or habitation, is unfit for such use.
4. 
Is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district within a radius of 1,000 feet from the proposed site.
5. 
If the proposed use is prohibited by zoning ordinance or any other land use ordinance.
6. 
If the structure is of a type prohibited at the proposed location by this or any other law or ordinance.
7. 
Because of age, size, design or architectural treatment, does not substantially conform to the design, plan and construction of the buildings located in the district within a radius of 1,000 feet from the proposed site so that its relocation would be detrimental to the property or improvements in said district."
(Prior code § 27-2 (g); Ord. 438 § 1, 1973)
Section 6809 is added to read as follows:
"Section 6809 —Appeals.
"If the Board of Appeals deems it necessary or expedient so to do, it may set any such application for hearing before a member of the Board or representative thereof and cause such notice of the time, place and purpose thereof to be given as the Board may deem appropriate. Thereafter, the findings of said hearing shall be reported to the Board for its consideration along with any other information before it."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6810 is added to read as follows:
"Section 6810 - Conditions of Permit.
"The Building Official, in granting any relocation building permit, may impose thereon such terms and conditions as he may deem reasonable and proper. These terms may include but are not limited to, the period of time required to complete all work; the requirements of changes, alterations, additions or repairs to be made to or upon the building or structures, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district, as hereinabove limited, to which it is to be relocated."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6811 is added to read as follows:
"Section 6811 - Definitions.
"Approved Surety is a surety company which (1) is authorized to do business in the State of California, (2) has fulfilled all legal obligations pertaining to dealings involving the San Dimas Building Code upon demand of the Building Official, (3) has been approved by the Building Official as a qualified surety company.
"Bond Required. The Building Official shall not issue a relocation building permit unless the owner shall first post with the Building Official a bond executed by the said owner, as principal, and by an approved surety company authorized to do business in this State, as surety, or deposits a cash bond."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6812 is added to read as follows:
"Section 6812 - Bond Requirements.
"The surety bond required by this chapter shall:
1. 
Be in form joint and several.
2. 
Name the City of San Dimas as obligee.
3. 
Be in an amount equal to the estimated cost, plus ten percent, of the work required to be done in order to comply with all of the conditions of the relocation building permit, such estimate to be as estimated by the Building Official.
4. 
State therein the legal description or address of the property upon which the building or structure is to be relocated."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6813 is added to read as follows:
"Section 6813 - Bond Conditions.
"The surety bond shall provide that:
1. 
All work required to be done pursuant to the conditions of the relocation building permit shall be performed and completed within 120 days from the date of issuance of the permit.
2. 
The time limit specified may be extended for good and sufficient cause after written request of the Principal or Surety, either before or after said time limit has expired. The Building Official shall notify the Principal and Surety in writing of such time extension and may extend the time limit without consent of the Surety.
3. 
The term of each bond posted pursuant to this Section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the Building Official of the performance of all terms and conditions of the relocation building permit.
4. 
The Building Official, the Surety or duly authorized representative of either shall have access to the premises described in the relocation building permit for the purpose of inspecting the progress of the work.
5. 
Upon default by the Principal, the Surety shall be required to perform all conditions set forth in the relocation permit and give the Surety right of entry to the premises to perform such conditions.
6. 
In the event of any default in the performance of any term or condition of the relocation building permit, the Surety or any person employed or engaged on its behalf, or the Building Official, or any person employed or engaged on his behalf, may go upon the premises to complete the required work.
7. 
The relocation building permit shall be null and void if the building or structure is not relocated to the proposed site within 60 days after issuance of the permit.
8. 
The city may enforce performance by the Surety by a suit for specific performance and recover costs and reasonable attorneys' fees therefor."
(Prior code § 27-2 (g); Ord. 438 § 1, 1973)
Section 6814 is added to read as follows:
"Section 6814 - Notice of Default.
"Whenever the Principal on the bond defaults in the performance of the conditions required by the relocation building permit, the Building Official shall give notice in writing to the Principal and the Surety on the bond."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6815 is added to read as follows:
"Section 6815 - Details of Notice.
"The Building Official in the notice of default shall state the conditions of the bond which have not been complied with and the period of time deemed by him to be reasonably necessary for the completion of such work."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6816 is added to read as follows:
"Section 6816 - Surety Requirements.
"After receipt of a notice of default, the Surety, within the time therein specified, shall cause the required work to be performed."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6817 is added to read as follows:
"Section 6817 - Default of Cash Bond.
"If a cash bond has been posted or savings and loan certificates or shares have been deposited and assigned, the Building Official shall give notice of default, as provided above to the principal, and if compliance is not had within the time specified, the Building Official shall proceed without delay and without further notice or proceeding whatever, to use the cash deposit or savings and loan certificates or shares, or any portion thereof to cause the required work to be done by contract or otherwise in his discretion. The balance, if any, of such cash deposit or savings and loan certificates or shares, upon the completion of the work, shall be returned and reassigned to the depositor or to his or her successors or assigns after deducting the cost of the work plus ten percent thereof."
(Prior code § 27-2(g); Ord. 438 § 1, 1973)
Section 6818 is added to read as follows:
"Section 6818 - Return to Cash Bond.
"When a cash bond has been posted or savings and loan certificates or shares deposited and assigned, and all requirements of the relocation building permit have been completed, the Building Official shall return the cash or savings and loan certificates or shares to the depositor or to his successors or assigns and reassigns the savings and loan certificates or shares, except any portion thereof that may have been used, cashed, or deducted as provided elsewhere in this chapter."
(Prior code § 27-2 (g); Ord. 438 § 1, 1973)
Section 6810 is added to read as follows:
"Section 6819 - Right of Entry: Penalties.
"The owner, his representative, successor or assign, or any other person who interferes with or obstructs the ingress or egress to or from any such premises, of any authorized representative or agent of any Surety or of the City engaged in the work of completing, demolishing or removing any building or structure for which a relocation building permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor or an infraction."
(Prior code § 27-2(g); Ord. 438 § 1, 1973; Ord. 922 § 8, 1990)