The provisions of this article apply only to the moving of buildings
and structures.
(Prior code § 71.201)
All work pursuant to this article shall be performed by a contractor
licensed in accordance with the provisions of the contractor's license
law unless exempted by that law. Additionally, all persons performing
work pursuant to this article shall possess a valid Lemon Grove business
license.
(Ord. 288 § 1, 1999)
No person shall move, or cause to be moved, along any highway
any building or structure without first obtaining from the surveyor
a permit to do so.
(Prior code § 71.202)
Application for a permit required by this chapter shall be made
in duplicate and in accordance with Article I of this chapter and
shall be submitted to the city engineer a minimum of two weeks prior
to the date of the planned move. The application shall specify the
following: (1) the kind of building or structure to be moved; (2)
the approximate weight thereof, as nearly as may be ascertained; (3)
the location of the same; (4) the location to which and the route
over or along which such building or structure and each section, or
portion of such building or structure, is to be moved; (5) the number
of sections in which the building or structure will be moved; (6)
the type and number of conveyances upon which the same is to be moved;
(7) the total number of tire inches thereof for each separate section
to be moved; (8) the time when such building, structure, or portion
thereof, is proposed to be moved and within which such removal will
be completed. The applicant shall attach to the application a copy
of a valid building permit for the building or structure at its destination
point, or in the case of intended storage, a copy of an appropriate
special use permit or other evidence that storage at the destination
point is not in violation of the zoning ordinance. If a building is
being removed from within Lemon Grove city limits, the applicant shall
also provide a notice of service disconnect from San Diego Gas &
Electric Company.
(Prior code § 71.203; Ord. 288 § 1, 1999)
The city engineer may make such changes to a permit or impose
special permit conditions as in his or her opinion are necessary for
the protection of the highways along or over which it is proposed
to move the building or structure, or to prevent undue interference
with traffic, or to avoid jeopardizing the safety of any persons using
such highways. Such changes or special conditions will be listed in
the permit or attached thereto and referenced in the permit.
(Prior code § 71.204; Ord. 288 § 1, 1999)
Every person applying for a permit required by this chapter
shall, at the time of making application for the permit, pay an issuance
fee of ten dollars.
(Prior code § 71.204.1)
The moving contractor shall affix and maintain at all times
while it is on the highway, in a conspicuous place on the building
or structure to be moved, the permit for such moving.
(Prior code § 71.205)
If a building or structure is moved in more than one section,
and more than one of such sections is moved at the same time, the
moving contractor shall affix and maintain at all times, while they
are on the highway, in a conspicuous place on each section on which
the original permit is not affixed, true copies of such permit. Such
true copies shall be issued by the surveyor upon payment to him or
her by the applicant of an issuance fee of twenty-five cents for each
additional copy.
(Prior code § 71.206)
Each permit issued shall become null and void upon the expiration
of the time specified in the application, unless the surveyor extends
the time, which he or she may do, if in his or her opinion the moving
of the building or structure, or any portion thereof, is impracticable
because of inclement weather, act of God, strikes, or other causes
not within the control of the permittee.
(Prior code § 71.207)
All buildings and structures are classified as follows:
A. Class
A is any building or structure, or any portion thereof, which is moved
on a motor truck or other vehicle propelled by its own power;
B. Class
B is any building or structure, or any portion thereof, not of class
A which is not more than sixteen feet in width;
C. Class
C is any building or structure, or any portion thereof, not of class
A which is more than sixteen feet and not more than twenty-two feet
in width;
D. Class
D is any building or structure, or any portion thereof, not of class
A which is more than twenty-two feet and not more than twenty-eight
feet in width;
E. Class
E is any building or structure, or any portion thereof, not of class
A which is more than twenty-eight feet and not more than forty feet
in width;
F. Class
F is any building or structure, or any portion thereof, not of class
A which is more than forty feet in width.
(Prior code § 71.208)
Every applicant for a permit from whom an issuance fee is required,
who does not maintain a sufficient general deposit with the surveyor,
shall deposit with the surveyor:
A. Ten
dollars for a class A permit;
B. Twenty-five
dollars for a class B permit;
C. Fifty
dollars for a class C permit;
D. One
hundred dollars for a class D permit;
E. Two
hundred fifty dollars for a class E permit;
F. Three
hundred dollars for a class F permit.
(Prior code § 71.209)
Before any permit is issued, in addition to any deposit made as required by Section
12.04.150, th
e moving contractor shall also deposit with the surveyor an amount equal to that estimated by him or her pursuant to Section
12.04.160 to cover the cost of necessary tree trimming.
(Prior code § 71.210)
If examination of the application and/or route to be traversed
discloses that the moving will require the trimming of trees, the
city shall estimate the cost of such trimming of trees growing upon
any grounds or property belonging to the city or upon any highway,
as is necessary:
A. At
the time the structure is moved to facilitate the moving thereof;
B. Subsequent
to the moving of the structure to correct previous trimming done when
the structure was moved.
(Prior code § 71.211)
In lieu of making the special deposits required by Sections
12.04.150 and
12.04.155, the moving contractor may make and maintain with the surveyor a general deposit in a sum equal to the amount of the special deposit for the highest class of building or structure which he or she desires, expects or intends to move. This general deposit shall be held and used for the same purpose as said special deposits. While such general deposit is maintained in an amount sufficient to cover the amount of the deposit required for the removal of any building or structure sought to be moved, the moving contractor need not make any special deposit.
(Prior code § 71.212)
If, in the opinion of the city engineer, any special or general
deposit is not sufficient for the proper protection of the public
interest in the highways, including any trees or public improvements
thereon, over which it is sought to move a building or structure,
the city engineer may require an additional deposit or surety bond
in such amount as he or she determines will be sufficient to protect
such public interest.
(Prior code § 71.213; Ord. 288 § 1, 1999)
Before any permittee moves any building, structure, or portion
thereof, of a class higher than the class for which he or she has
made any general or special deposit, he or she shall increase such
deposit in an amount sufficient to cover the class sought to be moved.
(Prior code § 71.214)
The city shall deduct from the deposit made or maintained by
each permittee:
A. The
permit issuance fee if that has not otherwise been paid;
B. The cost of the services and transportation of any inspector appointed pursuant to Section
12.04.190;
C. The
cost of any repairs made necessary because of the moving of the building
or structure;
D. The
total cost of all tree trimming done by the city engineer made necessary
in order to move the building or structure as specified in the permit,
including all such trimming after the moving of the building or structure
to correct trimming done when the structure was moved.
(Prior code § 71.215; Ord. 288 § 1, 1999)
The remainder of any such special deposit, if there is any remainder,
shall be refunded to the person making such deposit, or to his or
her assigns. In case the deposit made pursuant to this chapter is
not sufficient to pay all fees and deductions provided for in this
chapter, the person to whom such permit is issued, shall, upon demand,
pay to the surveyor a sufficient sum to fully cover the same. Upon
failure to pay such sum, the same may be recovered by the city in
any court of competent jurisdiction, and until paid, no further such
permit shall be issued to such moving contractor.
(Prior code § 71.216)
If a moving contractor makes and maintains a general deposit with the surveyor, the deductions provided for in Section
12.04.180 need not be made. In lieu of such deductions, the surveyor may bill the moving contractor for the amount due from him or her to the city under the provisions of this chapter. If, fifteen days after such bill has been sent, the moving contractor does not pay the same in full, then such amount may be deducted from his or her general deposit and Sections
12.04.180 and
12.04.185 shall apply.
(Prior code § 71.217)
The surveyor may require that the moving of any building or
structure be under the supervision of an inspector to be appointed
by the surveyor. The permittee shall pay to the surveyor an amount
equal to the compensation and cost of transportation of such inspector
during the time he or she is assigned to such inspection.
(Prior code § 71.218)
When so required by the surveyor, a moving contractor shall
place under each dolly or wheel used in moving the building or structure,
boards or planks of adequate width and strength to carry the load
without being broken, to serve as a runway for such dolly or wheel
during such moving along any portion of any highway which has a surface
other than natural soil. The moving contractor shall prevent such
dolly or wheel from ever revolving on or resting on such surface,
except upon such board, plank or runway.
(Prior code § 71.219)
The city engineer may restore, or cause to be restored, every
highway or other public improvement damaged by the moving of any building
or structure thereon to a condition equivalent to that prior to such
damage. The moving contractor who caused such damage shall pay the
cost of the repair thereof to the city.
(Prior code § 71.220; Ord. 288 § 1, 1999)
When a building or structure, while being moved, is located
on any highway, at all times between sunset and sunrise the moving
contractor shall keep burning a red warning light not over six feet
above the surface of such highway at each corner of such building
or structure and, unless the surveyor otherwise directs, on all sides
and projections thereof at intervals of not more than five feet.
(Prior code § 71.221)
A permit granted under this chapter does not permit, license,
or allow any person, except the surveyor, to trim, prune, cut or deface
in any manner any tree upon any grounds or property belonging to the
city or upon any road, street or highway.
(Prior code § 71.222)
Under the supervision of the city engineer, the moving contractor
shall trim such trees to the extent required to move the structure
to the location specified in the permit.
(Ord. 190, 1991)
The surveyor shall not issue a permit to move any building or
structure when the weight of such building or structure, plus the
weight of the vehicle or other equipment, exceeds the weight permitted
by the
Vehicle Code; except, that, if it appears to the surveyor that
the size, shape or physical characteristics of the building or structure,
or portion thereof, to be moved, or of the highway over which such
building or structure is to be moved, makes it impossible or impracticable
to keep within such weight limits, the surveyor may issue a permit:
A. To
move a building or structure on a vehicle every wheel of which is
equipped with rubber tires, where the total weight of both building
or structure and vehicle does not exceed sixty thousand pounds;
B. To
move a building or structure on a vehicle every wheel of which is
equipped with pneumatic tires.
(Prior code § 71.224)
A. The
surveyor may in his or her discretion, if good cause appears, issue
a permit authorizing the applicant to operate or move over and along
highways specific pieces of mobile mechanical equipment or specific
vehicles or specific pieces of mechanical equipment on specific vehicles,
or emergency public utility equipment on specific vehicles. Any such
permit shall be subject to the following conditions:
1. The
permit shall be limited to specified highways or a specified area
of the city and shall specifically describe the highways or the area
of the city to which it is limited. This limitation shall be fixed
by the surveyor so as to afford protection to highways and the traveling
public.
2. The
granting of the permit shall in no way relieve the permittee from
liability for damage to the highways or to person or property.
3. The
permit shall be issued for a specific period of time designated by
the surveyor and set forth in the permit, which period shall not exceed
one year.
4. The
permit may be issued subject to such other conditions as the surveyor
deems necessary for the protection of the highways and the traveling
public.
B. The
application for a permit pursuant to this section shall be made on
a form furnished by the surveyor and shall contain the information
required by Section 710 of the
Vehicle Code and such other information
as may be required by the surveyor.
C. The
application shall be accompanied by payment of a fee of thirty dollars
which shall be in lieu of any other fee prescribed by this chapter.
D. Prior
to the issuance of any permit, the applicant shall file with the surveyor
a surety bond satisfactory to the surveyor in the amount of five thousand
dollars for the protection of highways from injury and to provide
indemnity for any damage resulting from the operation or movement
under the permit. The filing of such bond shall satisfy the provisions
of this article requiring the deposit of money with the surveyor;
insofar as any permit issued pursuant to this section is concerned,
and a single five thousand dollar bond may in the discretion of the
surveyor be deemed sufficient security for the issuance of one or
more permits to the same applicant pursuant to this section.
(Prior code § 71.225)
In lieu of the surety bond specified in Section
12.04.240, the surveyor may accept a certificate of insurance certifying that the applicant for the permit has an insurance policy in the amount specified by the surveyor, but not less than five thousand dollars property damage, to which there has been attached and executed an oversize-overweight vehicle permit endorsement on a form approved by the surveyor.
(Prior code § 71.226)