The purpose of this chapter is to regulate the moving of buildings
within, into, from and through the City, and to provide for the granting
of conditional exceptions to certain requirements of the building
code which are applicable to moved buildings which do not comply therewith.
(Prior code § 150.035)
No person shall move any building within, into, from or through
the City without first obtaining a building permit as provided in
this chapter. Applications for building permits shall be made at the
City Hall and the filing fees paid upon asking for such application.
(Prior code § 150.036)
A.
The
fee for filing an application for a permit to move a building from
or through the City is $15.
B.
The
fee for filing an application for a permit to move a building within
or into the City is $25; provided, that if the distance between the
building and the City Hall is more than ten miles, the fee shall be
increased at the rate of $.50 per mile for each mile that such distance
exceeds ten miles.
C.
If
the application is approved, an additional fee of $15 shall be paid
prior to the issuance of the permit.
(Prior code § 150.037)
A.
Any
person who is considering the making of an application for a permit
to move a building may apply to the Building Official for a preliminary
inspection of the building. Such application shall be accompanied
by a preliminary inspection fee of $.50 for each mile or fraction
of a mile of the distance from the office of the Building Official
to the building, as estimated or otherwise determined by the Building
Official.
B.
Such
preliminary inspection shall be only superficial, and sufficient to
enable the Building Official to determine whether or not the building
appears to be structurally sound and capable of being made to substantially
comply with the requirements of applicable laws and ordinances to
which the building will become subject if moved to the contemplated
location and occupied and used for the contemplated purpose. The Building
Official shall advise the applicant of his or her opinion of the condition
of the building and in general of the basic alterations and repairs
which would be required before a permit would be issued.
(Prior code § 150.038)
Each application for a permit to move a building into or within
the City shall be on a form provided by the Building Department and
shall include such information as may be required by the Building
Department or the minute order of the City Council, but shall include
the following:
A.
The
present street number of the building, and the legal description of
the parcel of land to which it is proposed to move the building, together
with a plat drawn to scale showing the area and dimension of such
parcel of land, and the proposed location of the building thereon.
B.
Photographs
of all exterior elevations of the building and an accurate description
of the type of construction and the condition of the building and
plumbing and wiring systems.
C.
Detailed
plans and specifications showing the proposed changes, repairs and
improvements proposed to be made, with an accurate cost estimate.
D.
Detailed
statements of the exceptions to the provisions of the building code,
plumbing code and electrical code, which may be requested by the applicant.
E.
A certificate
of inspection by a licensed termite control operator.
F.
The
names and addresses of the owners of all lots or parcels of land,
or portions thereof, lying within a distance of 450 feet from the
approximate center of the building at the proposed location, as such
names and addresses appear upon the last available assessment roll
or are otherwise known to the applicant.
(Prior code § 150.039)
The Building Official shall forthwith proceed to inspect the
building and the proposed location thereof, and shall confer with
the City Manager and the applicant. The applicant may amend the petition
to meet the requirements of the Building Official or the City Manager,
but the application shall be summarily denied unless the requirements
are met, if it appears therefrom that any one or more of the following
conditions exist:
A.
That
the permit is one to move a building from one fire zone in the City
to a more highly restricted fire zone, or from a location outside
of the City to any fire zone within the City and that the applicant
has not made satisfactory provision to make the building comply with
all of the requirements of all codes for a new building in that fire
zone.
B.
That
the building in its proposed location will be an unsafe building,
as that term is used in the building code.
C.
That
the value of property in the neighborhood of the proposed location
of the building will be depreciated thereby, or that an existing condition
of substandard dwellings in a neighborhood will be materially aggravated
thereby, or that the public health or welfare will be otherwise endangered
thereby.
(Prior code § 150.040)
If the application is not summarily denied, the Building Department
shall forthwith notify the property owners whose names and addresses
accompany the application of the filing thereof, and that the property
owners may object thereto by filing written objections with the Building
Department during the period of ten days following the date of such
notice, but that only written objections will be considered, and of
their right of appeal. This notice shall be accompanied by a return
addressed and postage prepaid post card, with substantially the following:
“Do you object to the building moving application No. ———
mentioned in the accompanying notice? Please answer ‘yes’
or ‘no’ and sign and return this card with a statement
of your reasons, if any, for the objection.” Upon the expiration
of the time allowed for filing objections, the Building Official and
the City Manager shall forthwith consider all objections filed, and
shall grant or deny the application. If the application is granted,
no permit may be issued during the period of five days thereafter.
(Prior code § 150.041)
Any person who deems himself or herself aggrieved by any act
or determination of the City Manager or the Building Official shall
have 15 days to appeal by filing a written notice of appeal with the
Building Department and paying a fee. Any number of persons may join
in one notice of appeal. The notice of appeal will be sufficient in
form if it contains the names and addresses of the applicants and
states that the appeal is from the action of the Building Official
in either granting or denying application No. ______, made by (names of the applicant) for a building moving permit.
The Building Department shall forthwith send a notice of appeal, with
a copy of the application and the objection thereto, to the City Clerk.
(Prior code § 150.042; Ord. 695 10-15-19)
The appeal shall be conducted in accordance with applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, as amended.
(Prior code § 150.043; Ord. 695 10-15-19)
A.
After
the granting of an application and prior to the issuance of any permit,
the applicant shall execute and file with the Building Department
his or her promise to complete the work shown by the plans and specifications,
or otherwise required, within the reasonable time allowed by the Building
Official, together with a faithful performance bond, payable to the
City, in the amount of 125 percent of the estimated cost of the work
as such estimated cost is approved by the Building Official. Termite
control work may be required in the discretion of the Building Official.
B.
The
applicant shall also arrange with the Police Department for traffic
control and with the Street Department and the Park Department and
the owners of utilities and installations for the protection of streets,
trees and utilities and other installations in the streets. Such arrangements
may include the deposit with such departments and owners of utilities
and installations of such amount of money as are necessary to pay
the cost of such work. Certification that such arrangements have been
made shall be filed by the applicant with the Building Department,
together with a good and sufficient bond payable to the City in the
amount of $2,500 to secure payment of damage to any street, tree,
utility or installation caused by such moving, and also of the costs
of protective work done by the City or owner of any utility installation
which is in excess of the amounts deposited.
C.
The
applicant shall also secure from the Building Department the building
permit required by the building code.
D.
The
Building Department shall issue the permit authorized on granting
the application, upon compliance with the provisions of this chapter.
The filing of either or both of the bonds mentioned in this section
may be waived by the Building Official, with the approval of the City
Manager, if other adequate bonds have been provided.
(Prior code § 150.044)
A.
Application for permits to move buildings from or through the City shall be made at the Building Department upon forms provided by the Building Official, and need not be in duplicate. The applicant for such a permit shall comply with the applicable provisions of Section 15.60.100 of this chapter, and shall furnish such additional information as may be required by the Building Official. The application may be granted and the permit may be issued by the Building Official, without notice, if it appears that the building may be moved without danger of damage to any street, tree or any utility or installation, and that the use of streets along the route will not be unduly interfered with.
B.
Upon
the removal of any building or structure from its foundation within
the City, the mover thereof shall be required to do the following:
C.
To
guarantee compliance with all of the foregoing requirements, as a
condition precedent to the issuance of a permit for the removal of
any building or structure, the mover shall post a cash or surety bond
in the sum of $500.
(Prior code § 150.045; Ord. 695 10-15-19)
No person shall occupy any building which has been moved into
or within the City and which does not fully conform to the requirements
of the building code until a certificate of occupancy has been issued
by the Building Department. Any such building which has been so moved,
and has not been altered, repaired or changed within the time and
according to the provisions of the contract required as a condition
to the granting of the building moving permit, is a public nuisance
and may be abated as such.
(Prior code § 150.046)
The Building Department may issue permits without application
or filing fee for the moving of small buildings on trucks, in compliance
with the load weight and size provisions of the California Vehicle
Code, if, in the opinion of the Building Department, the following
conditions exist:
A.
The
building is being moved through or from the City to a location outside
of the City;
B.
The
building is moved to a location within the City, but is not intended
for paramount use or occupancy at the proposed location, and is incapable
of use for human habitation;
C.
The
building is not to be altered, repaired or enlarged; or
D.
The
use and occupancy at the proposed temporary location will not violate
the provisions of the building code or zoning code of the City.
(Prior code § 150.047)
