No person shall move or cause to be relocated any building or
structure across any public street or highway, or from one property
to another, or from one location to another in the County, or from
any City or County outside of the unincorporated area of Sacramento
County, without first obtaining a moving permit through the procedures
provided in this chapter.
(SCC 48 § 2, 1971)
Application for building relocation shall be filed with the
Building Official.
1.
Contents
of Application. The application shall specify the existing location,
size and character of the building to be relocated, the proposed improvements
or changes to proposed location of the relocated building, if any,
the proposed location of the relocated building, the name and address
of the owner of the building to be relocated, the name and address
of the owner of the proposed location, the intended use of the relocated
building, and three complete sets of plans as required for the building
permit with a completed building permit application and completed
cost estimate sheet. The plot plan for the proposed location shall
show location of the relocated building indicating proposed setbacks
of the building and size, location, and use of all existing buildings
at the proposed location, and site developments. On commercial, industrial,
or multifamily developments, the Building Official may accept preliminary
plans. The application shall also include:
a.
A
map, drawn to scale, showing the property for which the permit is
requested, the property lines for the properties within 500 feet of
the exterior boundary lines of the subject property and an approval
stamp from the Planning Department.
b.
A
clear indication of the names of all the streets and of the Assessor's
parcel numbers of each parcel shown on said map.
c.
The
names and mailing addresses, as listed on the latest assessment roll,
of the owners of each parcel shown on the map.
2.
Entry and Site Identification. The applicant shall arrange for entry of the building(s) proposed to be relocated by the building official. The applicant shall provide a stake (minimum two inches by four inches) driven in the ground, protruding four feet above grade at the front and rear of the proposed location for posting and attached house numbers as provided by Section 16.40.050.
(SCC 48 § 2, 1971; SCC
562 § 1, 1983; SCC 1344 § 1,
2006)
Within 10 working days of being notified by the applicant, the
Building Inspector shall cause the inspection of the building to be
relocated.
(SCC 48 § 2, 1971; SCC
562 § 2, 1983; SCC 1344 § 2,
2006)
After reviewing the application for building relocation, inspection of the building, proposed location, and construction of any required street frontage and site improvements, the Building Official shall give his or her approval in writing and so notify the property owner and applicant of the requirements imposed on his or her approval. Upon said approval, the Building Official shall cause the building and the proposed location to be posted with an "Intent to Move" sign as provided in Section 16.40.050 and the building official shall also mail the notice to affected property owners as required by that Section.
(SCC 48 § 2, 1971; SCC
1344 § 3, 2006)
Approval of building relocation application shall be limited
to 60 days from completion of posting period when no appeal is filed.
(SCC 48 § 2, 1971)
When the building has been approved for relocation to a new
site, the building official shall cause a "Notice of Intention to
Move" sign to be posted, on stakes, for 10 working days from date
of posting, with assigned house number, provided by the applicant,
at the front and rear of the proposed site and on the front of the
building proposed to be moved; such notice shall not be less than
13 inches by 19 inches in size and shall set forth the character of
the building to be moved, the present and proposed site of the building,
and the date of posting. The "Notice of Intention to Move" shall also
be mailed to owners of property within 500 feet of the proposed location.
1.
The
building shall not be moved from the location shown on the application
for the duration of 10 working days from the date of posting/mailing,
by first class post, of the notice required by this section. The posting
date and the post marked date shall be the same date.
2.
No
building shall be temporarily relocated on present or other property
for temporary storage purposes, except legal contractors' storage
yards, without having written approval of the administrative authority
having jurisdiction of the property used for this temporary storage.
The administrative authority may require a surety bond, cash bond,
or other means to insure the removal of the building and may set a
time limit as deemed necessary to protect the public and the County
of Sacramento.
3.
No
moving permit shall be issued nor shall the building be moved from
the existing location, until the required posting and appeal period
have elapsed.
4.
Exemption
from :"Posting." A building being relocated on existing property,
when approved by the building official, may be exempted from the posting
requirements.
(SCC 48 § 2, 1971; SCC
1344 § 4, 2006)
The application for a building permit shall be denied when:
1.
Any
unlawful, dangerous, or defective condition of a building proposed
to be moved is such that remedy or correction cannot effectively be
made;
2.
The
relocation of the building to the proposed site would cause appreciable
damage to or be materially detrimental to the property or improvements
in the immediate vicinity of the proposed new location;
3.
The
structure is of a type prohibited at the proposed location by law
or regulation of the County; or
4.
The
building official determines that the design, style or appearance
of the structure is incompatible with the surrounding properties within
500 feet of the proposed location.
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The building official, or his/her assistants, shall inform the
applicant of the denial in writing within 10 working days of the filing
of the application. The denial shall set forth the reasons therefor
and shall designate the applicable provisions of the law or regulations
upon which the denial is predicated.
|
(SCC 48 § 2, 1971; SCC
1344 § 5, 2006)
Any person who is dissatisfied with the decision of the building
official may appeal to the Board of Zoning Appeals. No special form
of appeal is required except that the appeal must contain the name
and address of the applicant, state the reasons or grounds therefor,
and be signed by the appellant.
Appeals shall be filed with the Clerk of the Board of Supervisors
who shall arrange for a hearing at the next convenient meeting of
the Board of Zoning Appeals. A fee, in the amount shown on the current
Sacramento County Planning and Community Development Department's
Consolidated Planning Application Fee Schedule table for an appeal
of the building official's decision, shall be paid to the Clerk of
the Board of Supervisors by the appellant to defray the cost of hearing
the appeal.
(SCC 48 § 2, 1971; SCC
1344 § 6, 2006)
In the case of an appeal by the applicant for the permit, the
appeal must be filed within 10 work days after the mailing of the
notice of denial by the building official. Upon notice of appeal by
the applicant, the Clerk of the Board of Supervisors shall advise
the applicant and the building official of the time and place of the
hearing and shall cause a notice to be posted on stakes at the front
and rear of the proposed location and on the front of the building
proposed to be moved. Such notice shall be not less than 13 inches
by 19 inches in size and shall set forth the character of the building,
and the date and place of the hearing of the appeal before the Board
of Supervisors. Such notice shall be posted at least 10 work days
prior to the scheduled hearing and shall also be mailed to owners
of properties located within 500 feet of the proposed location.
(SCC 48 § 2, 1971; SCC
1344 § 7, 2006)
In the case of an appeal by any person other than the applicant,
the appeal must be filed within 10 working days of the date of posting
and mailing of the "Notice of Intention to Move" notice by the building
official. A fee, in the amount shown on the current Sacramento County
Planning and Community Development Department's Consolidated Planning
Application Fee Schedule table for an appeal of the building official's
decision, shall be paid to the Clerk of the Board of Supervisors by
the appellant to defray the cost of hearing the appeal.
The Clerk of the Board of Supervisors shall notify the building
official, the appellant, and the applicant of the time and place of
hearing at least 10 work days prior thereto.
(SCC 48 § 2, 1971; SCC
1344 § 8, 2006)
Appeals to the Board of Zoning Appeals shall be heard at the
next convenient meeting after the completion of any required period
of giving notice. The Board of Zoning Appeals shall announce its decision
denying the permit or directing its issuance subject to such conditions
it deems appropriate within 20 days after the close of the hearing.
The Clerk of the Board of Supervisors shall mail notice of the decision
to the appellant, the building official, and any other persons making
written request for same. The notice shall be mailed within three
work days after the decision is announced, as aforesaid.
(SCC 48 § 2, 1971; SCC
1344 § 9, 2006)
1.
If
a building permit is granted, it shall be granted under conditions
which shall require the owner, or agent of the owner, of any building
to be moved to comply with the provisions of all applicable state
laws and local ordinances, to make such changes or repairs as may
be necessary to comply therewith or to fill remaining basements or
other subsequent openings on the property.
2.
No
building relocated in accordance with the provisions of this chapter
shall be used or occupied or have utility services connected thereto
until said necessary changes or repairs have been completed.
3.
Any
building relocated in another location shall be brought up to current
regulations of the Building, Plumbing, Mechanical, and Electric Codes.
The building official may waive a specific requirement when the requirement
met the Sacramento County Building Code in effect at the time it was
built and does not cause a health or safety hazard.
4.
Prior
to the issuance of any building permit, the applicant for the moving
permit must produce evidence indicating:
a.
That
he/she has sealed the sewer line at the site from which the building
is being moved in a manner prescribed by the political subdivision
having jurisdiction thereof; or
b.
That
he/she has properly destroyed the septic tank system, if any, in accordance
with the County's Environmental Management Department requirements.
5.
The
building official shall require the owner or agent to deposit a certificate
of deposit or a surety bond with the County to insure compliance with
the conditions imposed on the building permit. The surety bond must
be issued by a corporate surety authorized to do business in the State
of California and shall be filed in the form prescribed by the building
official and subject to his/her approval. The amount of the bond shall
be set at the discretion of the building official. At the time of
filing the certificate of deposit, or surety bond with the County,
the property owner must also execute and file a statement in substantially
the following language:
"I, ________, the applicant and property owner, hereby promise
to comply with the conditions imposed on the building permit No. _______.
By way of guarantee that this work will be done, I/we herewith deposit
with the County a (certificate of deposit, or surety bond) in the
sum of $________ and agree that in the event these conditions are
not fulfilled within 180 days hereafter, the County may use said certificate
of deposit, or forfeit the surety bond and apply the proceeds either
to cause said conditions to be fulfilled or to demolish the building
which was under the authority of said building permit."
6.
The condition(s) imposed upon the issuance of the building permit for a moved building shall be met within 180 days. Noncompliance of this requirement shall give cause to forfeit the certificate of deposit or surety bond and to abate the building as a public nuisance as prescribed in Chapter 16.18 of the Sacramento County Code.
7.
Building Relocation Application Fee. The applicant shall pay a relocation application fee for each application at the time of issuance. The fee for each permit shall be that fee prescribed in Chapter 16.90 of the Sacramento County Code.
8.
Fee Refund. No refund shall be made where an inspection is made as required by Section 16.40.030. The building official may authorize the refunding of not more than 80 percent of the application fee when no inspection was made as required by Section 16.40.030. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days from the date of fee payment.
9.
Exemption
from Building Relocation Application Fee:
a.
Buildings
that are being moved within Sacramento County or cities within the
County to locations outside the unincorporated area of Sacramento
County.
b.
Buildings
or portions of buildings being moved to or through the County that
are State approved manufactured buildings.
c.
Incidental
accessory structures of 125 square feet or less which will not be
used for human habitation.
d.
Buildings
being moved to a storage yard approved by zoning Code of Sacramento
County for storage purposes.
10.
No
building relocated in accordance with the provisions of this chapter
shall be used or occupied or have utility services connected thereto
until any required street frontage and site improvements have been
completed.
(SCC 48 § 2, 1971; SCC
562 § 3, 1983; SCC 686 § 7, 1987; SCC 1344 § 10, 2006)
In the event the decision of the building official to grant the building permit is not appealed within the 10 working day posting period specified in this chapter, and the building proposed to be moved will not come within the scope of the conditions prohibited by Section 16.40.060 of this chapter, and the applicant has complied with all other applicable requirements of this chapter, the building official shall issue the building permit.
In the event an appeal has been filed, the building official
shall issue or deny the permit, pursuant to the terms of the final
decision of the Board of Supervisors and the other applicable provisions
of this section.
(SCC 48 § 2, 1971; SCC
1344 § 11, 2006)
No moving permit shall be issued under the provisions of this
chapter unless the permittee shall have first taken out and agreed
to maintain at all times public liability insurance in an amount not
less than $100,000 for injuries, including wrongful death, to any
one person, and subject to the limit for each person, in an amount
not less than $300,000 on account of one accident, and unless also
he shall take out and agree to maintain at all times property damage
insurance in an amount not less than $5,000. Such insurance shall
name the County as an additional insured, and a certificate of insurance
shall be filed with the Municipal Services Agency.
(SCC 48 § 2, 1971; SCC
1344 § 12, 2006)
Red lights at each corner of the building shall be maintained
by the mover from one-half hour after sunset until one-half hour before
sunrise.
1.
Notice
of Emergency Service. Any person moving a building on any county road
shall notify the County Municipal Services Agency, Department of Transportation
and the Construction, Management and Inspection Division, immediately
before and after the movement.
2.
Authorized
Moving Hours. Movement of buildings on any county road shall be prohibited
between the hours of seven a.m. to nine a.m., and four p.m. to seven
p.m.
3.
No
building shall be moved into a fire district without first giving
notice to the fire district into which the building is to be moved
10 working days prior to the move.
(SCC 48 § 2, 1971; SCC
1344 § 13, 2006)
The Administrator of the Municipal Services Agency, or his/her,
authorized agents or designees may, in their discretion, inspect all
rollers, trucks, wheels, dollies, tractors, or other apparatus proposed
to be used in the moving operation, and shall restrict the use of
such apparatus to that which, in their judgment, will not cause injury
to highways, bridges, or other property. The Administrator of the
Municipal Services Agency and his/her authorized agents or designees
may also require reasonable changes in the route proposed, even though
the route required may be longer than the one proposed, and also require
an applicant or his/her agent to file a surety bond issued by a corporate
surety authorized to do business in the state of California, in such
amount of $5,000 or a certificate of insurance in the amount of $10,000
with an oversize, overweight endorsement to guarantee the restoration
and repair of county roads damaged by moving equipment and apparatus,
in accordance with applicable county standards.
(SCC 48 § 2, 1971; SCC
1344 § 14, 2006)
When a building permit has been granted by the building official and all provisions of this chapter and other regulations and/or requirements for issuing a building permit for the building have been fulfilled, the Director of County Engineering shall issue a highway moving permit. The applicant shall pay an additional fee for this permit. The permit fee shall be as listed in California Government Code, Title 21, Div. 2, Chapter 7, Section 1411.3.
Buildings that are being moved from outside the County, from cities within the County, or from within the County to terminate in a city or county other than Sacramento County that qualifies for exemption of building relocation application fee as provided by Section 16.40.100(i) and are required to use county roads or highways, shall be required to pay the fees as listed in California Government Code, Title 21, Div. 2, Chapter 7, Section 1411.3 for a moving permit.
1.
Fee for Additional Buildings. The fee for additional buildings or portions of any severed buildings moved at the same time to the same locations as provided herein shall be as listed in California Government Code, Title 21, Div. 2, Chapter 7, Section 1411.3.
2.
Exemption
from Highway Moving Permit. The highway moving permit fee (and fee
for additional buildings) shall not be required in the following instances:
(SCC 48 § 2, 1971; SCC
361 § 5, 1978; SCC 396 § 1, 1979; SCC 1344 § 15, 2006)
Permission to move any building under any moving permit shall
expire sixty days after issuance, except that the Municipal Services
Agency may extend the expiration time an additional 60 days.
1.
Transfer.
Permits issued under this chapter shall not be transferred by the
holder thereof to any other person. All movements of buildings authorized
by the moving permit shall be made under the control and supervision
of the grantee of the permit.
2.
Refunds.
No fees required by this chapter shall be refunded if the moving of
a building authorized by the moving permit is not made.
(SCC 48 § 2, 1971; SCC
1344 § 16, 2006)
Any building moved contrary to any of the provisions of this
chapter is unlawful and a public nuisance, and the building official
shall commence action or proceedings for the abatement and removal
and enjoinment thereof in a manner provided in this chapter. The remedies
provided herein shall be cumulative and not exclusive.
(SCC 48 § 2, 1971; SCC
1344 § 17, 2006)
