Chapter 4.05 MOVING BUILDINGS

§ 4.05.010 House mover's and relocation permits.

Defined.

No person shall move any building or structure or any portion thereof over, upon, along or across any public street, alley or sidewalk without a written permit therefor from the City Planning Department. Such permit may be referred to as a "house mover's permit."

No person shall relocate any building or structure or any portion thereof upon any premises in the City without a permit therefor. Such permit may be referred to as a "relocation permit."

Permits Required. No house mover's permit shall be issued until the Planning Director or his/her designee has first issued to the owner of the premises to which the building is to be moved a relocation permit. No relocation permit shall be required if the building or structure is to be moved to a place located outside the limits of the City or if the building or structure is to be used by a governmental agency for a governmental purpose.

(Ord. 2007-10 § 1, 11-27-2007; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2014-9 § 2, 10-28-2014; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2022-3 § 1 (Att. A), 2022)

§ 4.05.021 Relocation permits – Application for permit.

Every application to the Planning Department for a relocation permit shall be in writing upon a form furnished by the City and shall set forth such information as may be reasonably required in order to carry out the purposes of this chapter. The application shall have attached thereto:

Photograph of the building of not less than eight inches by 10 inches in dimension of all sides of such building or structure, showing the general architectural design and appearance thereof.

Plot plan showing proposed location of building.

Plan of reconstruction.

Written report of a licensed pest control operator showing whether there is infestation, infection or damage to the building, or any hazardous or dangerous conditions to the structure related to wood-destroying organisms.

Such application shall be filed with the Planning Department accompanied by an application fee of $375.00. The application fee shall be in addition to the regular building permit fee required in the City Building Code.

§ 4.05.022 Relocation permits – Investigation of applicant.

Upon the filing of the application, the City Clerk shall refer the matter to the Planning Commission of the City for its review, and no such permit shall be issued until the same has been approved by said body. The Planning Commission shall set a hearing thereon. Written notice of the time and place of such hearing shall be mailed to the known owners of property within a radius of 300 feet of the property to which said building is to be moved, and notice thereof shall also be posted on said proposed location. Such notice mailed and posted shall set forth the character of the building to be moved, and the place from which and the place to which it is to be moved, in addition to the time and place of hearing upon the application. Such mailing and posting of notices shall be completed at least 10 days before the date of said hearing.

Any person aggrieved by the decision of the Planning Commission upon any application for a permit as herein provided may, within 15 days from the date said action is taken by the Planning Commission, appeal to the City Council. Said appeal shall be in writing and filed with the City Clerk. Upon the filing of any such appeal the same shall be set for hearing before the City Council and notice of the time and place of such hearing and the purpose thereof shall be given by the mailing of notices to the owners of all property within a radius of 300 feet of the property to which any building or structure is to be moved, and to the applicant. Such mailing of notices shall be completed at least 10 days before the date of said hearing. After such hearing by the City Council, the City Council may grant or deny the application or may modify in any particular the action taken by the Planning Commission.

§ 4.05.023 Relocation permits – Issuance of permit denied.

No permit shall be issued to relocate any building or structure which in the opinion of the Planning Commission is so constructed or in such condition as to be dangerous; or which is infested with pests or unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsanitary or in such a condition of deterioration or disrepair that its relocation at the proposed site would be materially detrimental to the property or improvements in the district within a radius of 300 feet from the proposed site; or if the proposed use is prohibited by the zoning laws of the City; or if the structure is of a type prohibited, at the proposed location, by any fire district ordinance, or by any other law or ordinance; provided, however, that if the condition of the building or structure in the judgment of the Planning Commission admits of practicable and effective repair, the permit may be issued subject to appropriate conditions as hereinafter provided. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the permit shall be denied.

§ 4.05.024 Relocation permits – Issuance of permit.

If the granting of a permit is not prohibited by NCC § 4.05.023, the Planning Commission may, after the necessary investigation and hearing, authorize the Planning Director to issue a relocation permit and, in authorizing such permit, may impose such terms and conditions as he may deem reasonable and proper, including but not limited to the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure to the end that the relocation thereof will not be materially detrimental to public welfare or to the property and improvements, or either, in the district within a radius of 300 feet of the proposed site to which it is to be moved.

§ 4.05.025 Relocation permits – Bond required.

No relocation permit shall be issued by the Planning Director unless the applicant therefor shall first post with the City a bond executed by the owner of the premises where the building or structure is to be located, as principal, and a surety company, authorized to do business in this State, as surety. The bond, which shall be in form joint and several, shall name the City as obligee and shall be in an amount equal to the cost plus 50 percent of the work required to be done in order to comply with all of the conditions of such relocation permit, as such cost is estimated by the Director of Public Works, City Engineer and/or City Manager. In lieu of a surety bond, the applicant may post a bond executed by said owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called a "cash bond" for the purposes of this chapter.

Any bond executed pursuant to any provision of this chapter shall contain a provision indemnifying and saving harmless the City and each officer or employee thereof from any loss or liability arising out of or resulting from any of the acts done pursuant to the provisions of any such bond or permit.

§ 4.05.026 Relocation permits – Conditions of bond.

Every bond posted pursuant to this chapter shall be conditioned as follows:

That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Directors of Planning, Public Works and/or City Engineer.

That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within 90 days after the date of the issuance of the house mover's permit elsewhere in this chapter provided for. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient causes by the Director of Public Works. No such extension of time shall be valid unless written and no such extension shall release any surety upon any bond.

§ 4.05.027 Relocation permits – Default in performance of conditions.

Whenever the Directors of Planning, Public Works and/or City Engineer shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond.

Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Directors of Planning, Public Works and/or City Engineer to be reasonably necessary for the completion of such work.

After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the City the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 10 percent of the said estimated cost. Upon the receipt of such moneys, the City shall proceed by such mode it deems convenient to cause the required work to be performed and completed, but no liability shall be insured therein other than for the expenditure of the said sum in hand therefor.

If a cash bond has been posted, notice of default as provided above shall be given to the principal and if compliance is not had within the time specified, the City shall proceed without delay and without further notice or proceedings whatever to use the cash deposit, or any portion of such deposit, to cause the required work to be done by contractor or otherwise in the discretion of the City Manager or his/her designee. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus 10 percent thereof. If upon investigation or failure to secure offers or bids to do said work, it appears that the cash deposit is not adequate to complete the same, the Director of Public Works shall report the facts to the City Council for such action as it shall order after due investigation.

When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, to demolish the building or structure and to clear, clean and restore the site. If the surety defaults, the Director of Public Works shall report the facts to the City Council for its order, which order may include all actions herein placed in the power of the surety. The City Council may, at its discretion, bring suit against the surety and principal and such other defendants as it may be advised to obtain a judgment authorizing demolishing the building or structure or for such other remedies as the court shall decree. Costs of such proceeding shall be paid by the principal and surety and other defendants as the court may decree. Any building or structure maintained after default shall constitute a public nuisance and be subject to abatement as such.

In the event of any default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, shall have the right to go upon the premises to complete the required work or to remove or to demolish the building or structure.

No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety engaging in the work of completing, demolishing or removing a building or structure for which a relocation permit has been issued after a default has occurred in the performance of the terms or conditions thereof. The provisions of this subsection as well as all subsections of this section shall also extend to representatives of the City.

§ 4.05.028 Relocation permits – Bond period and termination of bond.

The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the City of the performance of all of the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the Director of Public Works, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided.

§ 4.05.031 House mover's permit – Permit prerequisites.

No house mover's permit shall be granted by the City Planning Department except as follows:

The applicant must first furnish evidence that the applicant has already been issued a relocation permit for the particular building or structure when such a permit is required by the provisions of this chapter.

The applicant shall pay to the City an application fee of $50.00 for each permit requested.

A separate application upon a form furnished by the City must be filed, and a separate permit obtained, for the moving of each separate building or structure or portion of a building or structure.

§ 4.05.032 House mover's permit – Contents of application.

Each application for a house mover's permit must show:

The kind of building or structure to be moved.

The street location or other identifying description from which it is proposed to be moved if such location is within the City, and the street location or other identifying description to which it is proposed to be moved, and the route over, along, across and upon which such building or structure or section or portion thereof is to be moved.

The number of sections in which the building or structure will be moved.

The time when it is proposed to be moved and within which removal will be completed.

§ 4.05.033 House mover's permit – Action upon application.

The Planning Director, immediately upon receipt of such application, shall notify the Chief of Police and Director of Public Works that such application has been filed. The Director of Public Works shall investigate the route designated in the application to ascertain whether the moving of the building can be made without damage to the trees adjacent thereto. If the moving would damage such trees, he shall prescribe another route which will not cause such damage. If the moving of the building requires any tree trimming, such tree trimming shall be performed by a street trimmer designated by the Director of Public Works, and charge an hourly rate equal to the tree trimmer's fully burdened hourly wage for the services of such tree trimmer.

§ 4.05.034 House mover's permit – Deposits.

No permit shall be issued to any house mover pursuant to the terms of this chapter until the applicant therefor shall have deposited $500.00 with the City.

§ 4.05.041 Procedure for house movers – Conditions of permit.

Where the building or structure is to be moved from one street location to another street location within the City, or from one street location within the City to a place located outside the City, the house mover shall comply with the following conditions with respect to such parcel:

Immediately upon removal of said building, securely cap and seal all gas, water and oil pipes disconnected from the building.

Securely seal all sewer and other sanitary facilities remaining on the land.

Fill with dirt, sand or small rock all openings and excavations in the land, including cesspools and septic tanks, if any.

Remove therefrom all refuse, debris, old foundations, walls, slabs, waste material and other impediments.

Within 10 days after such removal, the house mover shall file a letter with the Director of Public Works certifying that all of the provisions of this section have been complied with.

§ 4.05.042 Procedure for house movers – Inspection of structures.

Every building or structure or section or portion thereof moved over, upon, along or across any street shall be moved under the inspection and supervision of the Director of Public Works. The Director of Public Works shall appoint an Inspector for the moving of any building or structure and of each section or portion thereof; provided, that in case two or more buildings or structures, or two or more sections or portions thereof, are being moved at the same time along a route or routes so situated that one person can inspect the same, only one person shall be appointed therefor. Such inspection and supervision in each case shall be for such time as the Director of Public Works shall deem necessary for the performance of such service and a charge of an hourly rate equal to the Inspector's fully burdened hourly wage or fraction thereof shall be made for the time required for such inspection and supervision.

§ 4.05.043 Procedure for house movers – Police escort.

The Director of Public Works shall notify the Chief of Police of the time of moving the building through the public streets. If the Chief of Police determines that the protection of the public requires a police escort, he shall provide such escort and charge an hourly rate equal to the City's average fully burdened police officer hourly wage or fraction thereof shall be made therefor.

§ 4.05.044 Procedure for house movers – Methods of moving.

It shall be the duty of any house mover when required by the Director of Public Works to cause boards of sufficient strength to carry the load without breaking to be placed under all of the rolls or wheels to serve as a runway for such rolls or wheels during the moving of any building or structure, or section or portion thereof, along every street improved in any other manner than by Portland cement, concrete, asphalt or brick, and at no time shall such rolls or wheels be permitted to revolve, except upon such board runway when the same is required by the Director of Public Works.

The Director of Public Works may direct that steel- or rubber-tired dollies may be used when any building or structure is moved on any unimproved or oil, gravel street.

In the event that the equipment of the house mover is not sufficient for the work required, or if the street or the use thereof or the property of any public utility will be at any time endangered or damaged by such moving or if such house mover or his servants or employees at any time violate any of the terms, conditions or restrictions of the permit required by NCC § 4.05.041 either as to the size or dimensions of the building or structure being moved or the route of such moving, or otherwise, the Inspector shall report such fact to the Director of Public Works and, when properly authorized by the Director of Public Works, the Inspector shall be empowered to stop the progress of such moving.

§ 4.05.045 Procedure for house movers – Damage to streets.

In case of damage to any street by reason of the moving of any building or structure or section or portion thereof, the Director of Public Works shall do such work as may be necessary to restore the street to as good a condition as the same was in prior to such damage, and shall charge the cost thereof to the house mover to whom the permit was issued for the moving of such building or structure or section or portion thereof.

§ 4.05.046 Procedure for house movers – Deposit deductions.

There shall be deducted from each deposit the cost of the service of the Inspector provided for in NCC § 4.05.042, the cost of the tree trimmer provided for in NCC § 4.05.033, the cost of the police escort provided for in NCC § 4.05.043, and the cost of repairs, if any, made by the Director of Public Works as provided in NCC § 4.05.045. The remainder of such deposit, if any, shall be refunded to the person making such deposit or to his assigns. In case the deposit made pursuant to NCC § 4.05.034 shall not be sufficient to pay the cost of the service of the Inspector, the police escort, the tree trimmer and the cost of the repairs, if any, the person making such deposit shall, upon demand, pay to the City a sufficient sum to cover all such costs. Upon failure to pay such sum, it may be recovered by the City in any court of competent jurisdiction. No permit fee shall be required for the moving of temporary buildings or structures over public streets or alleys if such buildings or structures are to be used for a governmental purpose.

§ 4.05.047 Procedure for house movers – Red light required.

No person moving any building or structure or section or portion thereof over, upon, along or across any street, alley or sidewalk shall fail, neglect or refuse to keep a red light illuminated at all times between sunset and sunrise at each corner of such building or structure or section or portion thereof, and at the end of any projection thereon while the same or any part thereof is located in or upon any street, alley or sidewalk.

§ 4.05.050 Insurance.

No permit to move a building authorized by the Planning Director or other City officer shall be issued until the permittee has filed with the City a policy of public liability and property damage, or approved certificate thereof, issued by a responsible insurance company authorized to do business in the State of California.

Said policy shall insure the permittee and shall inure to the benefit of any and all persons suffering loss or damage either to person or property by reason of wrongful or negligent acts in moving the building. Said policy shall also contain a clause or special endorsement indemnifying and saving harmless the City, its officers, agents and employees against any loss, damage, costs and expenses which may in anywise accrue against the City, its officers, agents or employees in consequence of the granting of the permit for moving any building.

Such policy, at a minimum, shall include the following:

General liability (including operations, products and completed operations): $1,000,000 per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile liability: $1,000,000 per accident for bodily injury and property damage.

Workers' compensation: As required by the State of California.

Employer's liability: $1,000,000 per accident for bodily injury or disease.

Such policy shall certify therein that it shall not be cancelled except upon 30 days' prior written notice thereof to the City. Said liability insurance shall be a continuing liability up to the full amount thereof notwithstanding any recovery thereon.

The City Manager, in his/her discretion, may require additional insurance coverage(s) and/or higher limits of coverage.

§ 4.05.060 Appeals.

Any person aggrieved by any decision of the Planning Director, Director of Public Works and/or Chief of Police in carrying out the provisions of this chapter may, within 10 days after decision, appeal to the City Council by filing a written notice thereof with the City Clerk, and the City Council shall hold a hearing on the matter and its decision thereon shall be final and conclusive.

(Ord. 282, 4-8-1975; Ord. 77-2, 2-8-1977; Ord. 2007-10 § 1, 11-27-2007; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2014-9 § 2, 10-28-2014; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2022-3 § 1 (Att. A), 2022)