Whenever any of the following terms are used in this Article, such terms shall have the following meanings:
(a) 
"Building Official"
shall mean the Resource Management Agency Director or authorized representative.
(b) 
"Instrument of credit"
shall mean an instrument of credit from a financial institution which is subject to regulation by the State or Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.
(c) 
"Negotiable bonds"
shall mean negotiable bonds of the kind approved for securing deposits of public money.
(Amended by Ord. No. 3457, effective 4-17-14)
No building or structure may be relocated on or moved onto any real property in the unincorporated territory of the County until a valid relocation permit has been secured from the Building Official; provided, however, that such permit shall not be required for relocating the following types of buildings:
(a) 
Any building or structure less than five hundred (500) square feet to be relocated on a farm and to be used exclusively for the owner’s farming operations.
(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17)
The applicant for a relocation permit shall pay to the Building Official a fee as established by the Board of Supervisors from time to time for the inspection of each building located within the County that is to be relocated. If the building or buildings to be relocated are situated outside of the County at the time of the inspection, the applicant shall pay to the Building Official a fee as established by the Board of Supervisors from time to time for the inspection of one (1) building, and an additional fee as established by the Board of Supervisors from time to time for each additional building owned by the applicant which is inspected on the same day that the first building is inspected.
This section shall be operative as of July 1, 2014.
(Amended by Ord. No. 3457, effective 7-1-14)
In accordance with Sections 7-07-1000 through 7-07-1005 of Chapter 15 (Building Regulations) of this Ordinance Code, when an application for a relocation permit is filed, the Building Official shall review the application for compliance with the same laws and ordinances as specified in Section 7-15-1040 (Review and Action by Resource Management Agency Director) of this Chapter, and shall take the same action in cases of apparent violations as specified in said Section 7-15-1040. The relocation permit shall not be issued until the Building Official certifies that the property on which the building is to be relocated and the relocation of the building on such property will not be in violation of said laws and ordinances.
(Amended by Ord. No. 3457, effective 4-17-14)
Except as otherwise provided in Section 7-15-1235 (Repair of Building: Issuance or Denial of Permit), the Building Official shall not issue a relocation permit for any building or structure which is included within one or more of the following categories:
(a) 
Is so constructed or is in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects in electrical wiring or any other substantial hazard, to the persons who will occupy or enter said building after relocation.
(b) 
Is infested with rats or other vermin or the wood members of the building are infested with rot, decay or termites.
(c) 
Is so unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy said building after relocation or, if not intended for occupancy by human beings, would make it unsuitable for its intended use.
(d) 
Is so dilapidated, unsightly or in such a condition of deterioration or disrepair that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements within a radius of one thousand (1,000) feet from the proposed relocation site.
(e) 
If the proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of the County.
(f) 
If the structure does not conform to all applicable provisions of Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code of the State of California, and the rules and regulations promulgated thereunder, or does not conform to all applicable provisions of the California Building Code or any other law or ordinance.
(g) 
Manufactured homes and mobilehomes, as defined by Sections 18007 and 18008 of the Health and Safety Code, that are more than ten years old, unless the relocation complies with Section 7-15-1666 (Inspection Prior to Relocation or Installation).
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)
If the building or structure to be moved fails to meet any of the standards set forth in Section 7-15-1230 (Denial of Relocation Permit), but it appears possible and practical for such defect to be corrected, the Building Official shall issue the relocation permit upon conditions as hereinafter provided. If the building or structure to be moved fails to meet any of the standards set forth in Section 7-15-1230, and it does not appear possible or practical for such defects to be corrected, the Building Official shall deny the relocation permit.
(Amended by Ord. No. 3457, effective 4-17-14)
Dedications of right-of-way and construction of public improvements on property for which a relocation permit has been requested shall be governed by Article 19 (Dedications and Improvements) commencing with Section 7-15-1940.
(Amended by Ord. No. 3457, effective 4-17-14)
The Building Official in granting a relocation permit may impose thereon 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, so that the relocation of the building or structure will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which it is to be moved. The terms and conditions upon which each permit is granted shall be written upon the application or appended thereto in writing.
(Amended by Ord. No. 3457, effective 4-17-14)
The Building Official shall not issue a relocation permit subject to terms and conditions until the person requesting the permit shall deposit security with the Building Official to assure that the requesting party will comply with all of the terms and conditions of the permit. Such security shall be in favor of the County of Tulare and shall be in one of the following forms:
(a) 
One or more irrevocable performance bonds issued by one or more reputable corporate sureties duly and legally licensed to transact business in the State of California and bearing the name and address of said surety clearly upon the face of the bond provided.
(b) 
A deposit of cash with the Building Official, or in escrow with a responsible escrow agent or trust company.
(c) 
An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.
(d) 
An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Tulare County Board of Supervisors.
(e) 
A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.
Such security shall be in the amount of one hundred and ten percent (110%) of the estimated cost to the County to contract for the completion of the work required in order to comply with all of the terms and conditions should the requesting party fail to complete such work. Said estimated cost shall be determined by the Resource Management Agency Director or authorized representative.
(Amended by Ord. No. 3457, effective 4-17-14)
No security need be posted or deposited if the Building Official finds that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or moving a building to an adjacent property of the same owner, and the Building Official determines that security is not necessary to assure compliance with the requirements of this Article.
(Amended by Ord. No. 3457, effective 4-17-14)
All security posted or deposited pursuant to this Article shall secure the performance of the following duties by the permittee:
(a) 
That all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official.
(b) 
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. If no time limit is specified in the permit, the work shall be completed within ninety (90) days after the date of the issuance of the permit. The time limit herein specified and the time limit specified in any permit issued may be extended for good and sufficient cause, either before or after said time period has expired, by a written order of the Building Official.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
If the Building Official determines that he will issue a relocation permit, he shall post a notice on the property on which the building is to be relocated. The notice shall read substantially as follows:
NOTICE OF BUILDING RELOCATION
NOTICE IS HEREBY GIVEN that the Tulare County Resource Management Agency Director has determined that a permit will be issued to relocate an existing building onto this property, which is described as follows:
[Insert description of real property]
Said permit will be issued in accordance with Article 5 (Relocation of Buildings), Sections 7-15-1210 through 7-15-1300 of the Ordinance Code of Tulare County. Unless a written appeal and appeal fee is filed in the office of the Clerk of the Board of Supervisors, on or before the ____ day of _________, 20____, the relocation permit shall become fully effective and shall not be subject to an appeal filed thereafter.
Information on the relocation permit to be issued and the building to be relocated may be obtained from the Tulare County Resource Management Agency Administrative Office.
Dated:
Tulare County Resource Management Agency Director
(b) 
Said notice shall be posted on the front of the property on which the building is to be relocated within the street right-of-way. If the property fronts on more than one street, one such notice shall be posted on each street. If the proposed site of the relocated building is part of a larger parcel, said notices shall be posted at or near the proposed site of the relocated building.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
Any interested person may appeal to the Local Appeals Board from the decision of the Building Official to issue, conditionally issue or deny a relocation permit. Such an appeal shall be in accordance with section 7-15-1050 in writing with the appropriate appeal fee, shall be filed with the Clerk to the Board of Supervisors, and shall state why the issuance, conditional issuance, or denial of the permit is improper under the provisions of Article 5 (Relocation of Buildings).
(b) 
If the Building Official decides to issue or conditionally issue a permit, the notice of appeal must be filed in the office of the Clerk of the Board of Supervisors no later than ten (10) calendar days after the notice required by Section 7-15-1265 (Notice of Granting Permit) of Article 5 (Relocation of Buildings) is posted. If no appeal is filed within said ten (10) calendar day period, the Building Official shall issue the permit on the next business day thereafter.
(c) 
If the Building Official decides to deny a permit, the notice of appeal with the appeal fee must be filed by the applicant in the office of the Clerk to the Board of Supervisors no later than ten (10) calendar days after formal notice of such action is served by the Building Official.
(d) 
Upon the filing of a written appeal and appeal fee, the Clerk to the Board of Supervisors shall cause a notice of the time of the appeal hearing to be mailed to the appellant, to the applicant if he or she is not the appellant, and to the Building Official, not less than ten (10) calendar days prior to the date set for the appeal hearing.
(e) 
After the appeal hearing, the Local Appeals Board may affirm, reverse or modify the decision of the Building Official, or refer the matter back to the Building Official for further action. The decision of the Local Appeals Board on the appeal shall be final.
(f) 
If an appeal is taken from a denial of a permit, and the Local Appeals Board determines that the permit should be issued, the notice requirements of section 7-15-1265 (Notice of Granting Permit) of this Article shall thereafter be substantially complied with, either by the Local Appeals Board or the Building Official, prior to the issuance of the permit. If an appeal is thereafter filed within the time limits set forth in subsection (b) above, a new appeal hearing shall be held prior to issuance of the permit.
(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)
Judicial review of a decision of the Local Appeals Board made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to section 1094.6 of the Code of Civil Procedure. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Clerk of the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.
(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)
Whenever the Building Official determines that a default has occurred in the performance of any term or condition of a relocation permit, he shall give written notice of such default to the applicant, and to the surety if a surety bond has been posted, and to the financial institution issuing the instrument of credit if an instrument of credit has been posted. The notice of default shall state the work to be done, the estimated cost thereof and the period of time determined by the Building Official to be reasonably necessary for the completion of such work. If a surety bond has been posted, the surety shall cause the required work to be performed within the time specified in the notice and, if said work is not performed, the Building Official shall cause the required work to be done by contract or otherwise, in his discretion, and the County Counsel shall commence the necessary legal proceedings to recover the cost of performing the work plus ten percent (10%). If the security is in the form of a cash deposit, an instrument of credit or negotiable bonds, and the permittee does not perform the required work within the time specified in the notice of default, the Building Official shall use the funds available from such security and cause the required work to be done by contract or otherwise, in his discretion. Upon completion of said work, the balance, if any, of such cash deposit, or monies made available pursuant to an instrument of credit or negotiable bonds, after deducting therefrom the cost of performing the work, plus ten percent (10%), shall be returned to the permittee or his successors or assigns.
(Amended by Ord. No. 3457, effective 4-17-14)
In lieu of performing the work required in a relocation permit, an applicant may demolish the building which is subject to the permit and clean up the site to the satisfaction of the Building Official and, if there has been a default by the applicant, the surety shall have the same option.
(Amended by Ord. No. 3457, effective 4-17-14)
Any surety bond or instrument of credit posted as security pursuant to this Article shall remain in effect until the Building Official gives written notice to the interested parties that all of the terms and conditions of the relocation permit have been complied with. If security in the form of cash or negotiable bonds has been deposited, the Building Official shall return such security to the depositor or to his successors or assigns when all of the terms and conditions of the relocation permit have been complied with, except any portion of said security that has been used or deducted pursuant to the provisions of this Article.
(Amended by Ord. No. 3457, effective 4-17-14)
The Building Official, the surety and the duly authorized representatives of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work. 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 behalf of the surety, or the Building Official or any person employed or engaged on behalf of the Building Official or of the surety, may go upon the premises to complete the required work or to remove or demolish the building or structure. It shall be unlawful for any person to interfere with or obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety or of the County of Tulare who is engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions of such permit.
(Amended by Ord. No. 3457, effective 4-17-14)
Any person violating, or causing or permitting to be violated, any of the provisions of this Article shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provisions of this Article is committed, continued or permitted.
(Amended by Ord. No. 3457, effective 4-17-14)