[1]
Editor's note: Prior ordinance history includes portions of 1978 code §§ 4.32.010 – 4.32.020.
As used in this chapter:
Building
means any house, structure or shed that is more than 10 feet in length or more than eight feet in width. One single or double garage, 400 square feet, shall be included in the term building when the same is located upon the premises from which a building is being moved and for which permission has been granted and the fee hereinafter required shall have been paid; provided further, that the garage is moved at approximately the same time and to the same location as the building.
(1991 code § 10-8.1; Ord. 476 § 2, 1981)
It is unlawful for any person to move or cause to be moved a building upon any lot, piece or parcel of land located within the city and which is to be permanently affixed to the land without first having obtained a permit as provided in this chapter. See also PHMC § 18.50.080.
(1991 code § 10-8.2; Ord. 476 § 2, 1981)
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 official of the structure to be moved and written report prepared listing the alterations, if any, which will be required in the structure.
(1991 code § 10-8.3; Ord. 476 § 2, 1981)
Every application for a permit to move a structure shall be:
A. 
Made on forms provided by the public works and community development department;
B. 
Accompanied by plans and specifications in such detail as the chief building official and public works and community development department may require, indicating thereon the location of the property upon which the structure is to be moved, and any additions to be constructed, the alterations and remodeling to be done to the building and the estimated cost thereof, and the site improvements planned for the property and their estimated costs;
C. 
Accompanied by a nonrefundable fee in the amount set forth in Resolution No. 65-81, which fee shall be in addition to the initial inspection fee prescribed in PHMC § 14.45.030, and in addition to any required fees for building, electrical, plumbing or other construction permits.
(1991 code § 10-8.4; Ord. 476 § 2, 1981)
Every application for a permit to move a building shall be processed as follows:
A. 
The public works and community development department shall determine whether the proposed move will conform to existing zoning regulations;
B. 
The chief building official shall inspect the building 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 director of public works and community development shall examine the parcel, lot or building site upon which the building 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, ordinances, and regulations and what site improvements, such as driveways, walkways, retaining walls, etc., are required to serve the building;
D. 
The chief building official 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 official 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 on or 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 his or her agent must furnish evidence to the chief building official that the police chief has approved the time and moving route to be followed and there has been compliance with the reasonable requirements of the affected public utility companies as required by PHMC § 14.45.110;
G. 
If there is any defect in the application or in the accompanying plans and specifications, the applicant shall have 30 days from receipt of written notice from the chief building official within which to remedy the defects. If the defects are not remedied within 30 days, the chief building official 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 in the amount set forth by resolution of the city council;
H. 
Upon finding the applicant has complied with all applicable codes, ordinances, rules, and regulations, the public works and community development department shall then cause the application to be set for public hearing before the zoning administrator, with notice to be given as follows:
1. 
Notification of the hearing shall be as set forth in the planning and land use ordinance;
I. 
The zoning administrator shall hold public hearing on the application and shall, within 15 working days thereafter, either approve, conditionally approve, or disapprove the application. The zoning administrator shall determine, among other things, whether the building 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 building which could legally be constructed on the property;
J. 
Upon approval of the application by the zoning administrator, the chief building official 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 city a performance bond in the amount determined by the chief building official, the bond to be written by a corporate surety company licensed to do business in the State of California; 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. If the site from which the building is to be moved is located within the city, then such surety bond shall guarantee that the site shall be cleared;
L. 
Not sooner than seven days after approval of the application by the zoning administrator and after receipt of the required performance bond and fees/charges as set forth in PHMC § 14.45.130, the chief building official shall, unless the zoning administrator's approval has been appealed pursuant to PHMC § 14.45.060, issue a permit to move the structure in accordance with the approved plans and specifications;
M. 
No permit shall be granted unless the applicant files with the city proof of liability insurance in a minimum amount of $1,000,000, combined single limit. Such policies shall be issued by a responsible insurance company, approved as to form and content by the city attorney, and shall name the city as an additional insured and shall not be cancelable without 10 days' written notice to the city of intention to cancel.
(1991 code § 10-8.5; Ord. 476 § 2, 1981; Amended during 2005 codification)
Any person affected by the action of the zoning administrator in granting, denying or applying conditions to the permit may appeal to the planning commission. The appeal shall be in accordance with the planning and land use ordinance.
(1991 code § 10-8.6; Ord. 476 § 2, 1981)
No application or a permit to move a structure may be filed with the chief building official within a period of one year after previous application to move the same structure onto the same parcel of land or onto any parcel of land within 3,000 feet of the desired new location for the structure has been denied.
(1991 code § 10-8.7; Ord. 476 § 2, 1981)
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 90 days after issuance of the permit;
B. 
This time may be extended for a period of time not to exceed an additional 30 days by the chief building official 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 90 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 zoning administrator for an extension of time, setting forth in the application the reasons why the additional time is needed. The zoning administrator may grant such time extension as, in his or her opinion, is justified by the circumstances or he or she may deny the application;
D. 
Where the holder of a permit moves a building and fails to complete the required alterations and improvements within 90 days or any extension thereof, the chief building official shall, with the advice and assistance of the city attorney, take such action against 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 construct site improvements according to the approved plans and specifications within one year of the date of issuance of the permit, the chief building official may summarily, without further process, abate the structure by completion according to the plans or by demolition, the cost of which shall be a charge upon the holder of the permit and his or her surety.
(1991 code § 10-8.8; Ord. 476 § 2, 1981)
The mover will be responsible for any fees and charges for the use of any city personnel during the house move and shall deposit with the city the estimated fees and charges for the use of city personnel prior to receiving the house moving permit. Any fees and charges not used shall be returned.
(1991 code § 10-8.9; Ord. 476 § 2, 1981)
If the land upon which the building is to be moved is not a legal lot of record, then the applicant must first secure approval of a tentative map from the planning commission in accordance with the city subdivision ordinance before the planning commission will act on his or her application.
(1991 code § 10-8.10; Ord. 476 § 2, 1981)
Buildings may be moved on city streets only by a duly licensed house moving contractor. In any event, no person shall move any building along the streets of the city without complying with the following requirements:
A. 
Every mover must have on file with the chief building official a valid, current performance bond issued by a corporate surety company licensed to do business in California, naming as obligees the city and all persons, in the principal amount of $5,000, the conditions of which bond shall be as follows:
1. 
That the move will comply with all applicable laws and ordinances;
2. 
That the mover will pay any and all damages which may result from any building moving done by him or her, his or her agents, employees, or workmen 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 or 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 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 as a result of such structure moving.
B. 
No building being moved in or through the city shall be permitted to stand on any street for any period of time except in an emergency and when the chief of police or his or her representative has given authorization.
C. 
Notice of the route to be followed, along with appropriate maps and anticipated timed movement must be given to the police chief at least two working days 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 moving a building 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 building 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 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 buildings as herein described.
E. 
After removal from its foundation, no building shall be permitted to remain on any dollies or other structures used in the moving of the building for a period in excess of 30 days unless written approval is first secured from the chief building official extending such time.
(1991 code § 10-8.11; Ord. 476 § 2, 1981)
All properties upon which buildings 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.
(1991 code § 10-8.12; Ord. 476 § 2, 1981)
Buildings and structures moved into or within the city shall comply with provisions of the latest adopted building codes.
(1991 code § 10-8.13; Ord. 476 § 2, 1981; Amended during 2005 recodification)
After removal of any building from property located within the city, the owner shall fill with dirt, sand or small rock all openings and excavations on the property, including cesspools and septic tanks and shall further remove all refuse, debris, old foundations, walls, slabs, waste material, and other impediments located on the property. If the property from which any building is moved is located within the city, site clearance shall be guaranteed by the surety bond provided for in PHMC § 14.45.050.K.
(1991 code § 10-8.14; Ord. 476 § 2, 1981)
This chapter may be enforced by any means authorized in PHMC Chapter 1.25.
(1991 code § 10-8.15; Ord. 476 § 2, 1981; Amended during 2005 recodification)