Alameda Municipal Code § 13-16 House Movers

As used in this section:

Buildings shall mean and include any house, dwelling, building or structure, or any section or portion thereof.

House mover shall mean and include any person who carries on, conducts or engages in the business of moving or transporting buildings for compensation, or any person who moves or transports any building, over, upon or along any street, alley or other public place in the City.

House mover's permit shall mean and refer to the permits referred to in subsection 13-16.4.

(Ord. No. 535 N.S. § 10-131; Ord. No. 865 N.S.)

It shall be unlawful for any person to carry on, conduct or engage in the business of house mover or to move or transport any building over, upon or along any street, alley or other public place in the City, unless there exists a valid house mover's permit therefor granted and existing in compliance with the provisions of Section 5-16 of this Code. The investigating official referred to in subsection 5-16.3 of this Code, to whom the application shall be referred, shall be the Superintendent of Streets or his/her designee.

(Ord. No. 535 N.S. § 10-132; Ord. No. 865 N.S.; Ord. No. 2533 § 25)

In addition to the grounds set forth in subsections 5-16.5 and 5-16.7 of this code relative to the granting, denial or revocation of permits, the City Manager may deny an application for, or revoke, a house mover's permit if it appears to the satisfaction of the Manager that the applicant or the permittee, as the case may be, does not have the necessary skill and is not possessed of or does not have at his/her disposal sufficient and suitable machinery and equipment to accomplish the moving of buildings over public streets and places in conformity with the provisions of Section 13-17 of this chapter and with reasonable safety to public and private property and to the public at large.

(Ord. No. 535 N.S. § 10-133; Ord. No. 865 N.S.)

Two (2) types of house mover's permits may be issued, namely:

a. A general house mover's permit, which shall entitle the holder thereof to move or transport, or engage in the business of moving or transporting, buildings over, upon or along the streets and public places in the City during the period for which the permit is issued. Such permit shall be issued for and, unless previously revoked, shall expire one (1) year from the date on which the same is issued;

b. A limited house mover's permit, which shall entitle the holder thereof to move or transport a specified building or buildings over, upon or along the public streets and places of the City of Alameda. Such permit shall be in effect for the time specified in the permit. For good cause the City Manager or his/her designee may extend the time limit specified in the permit. No such extension of time shall be valid unless in writing and no such extension shall release any surety upon any bond.

(Ord. No. 535 N.S. § 10-134; Ord. No. 865 N.S.; Ord. No. 2533 § 25)

a. No general house mover's permit or renewal thereof shall be issued unless and until the applicant therefor shall first file with the City Clerk a bond, satisfactory to and previously approved by the City Manager and the City Attorney, executed by applicant as principal and by a surety company authorized to do business in this State, as surety.

b. The bond provided for in the next preceding paragraph shall be in form joint and several, shall name the City of Alameda as obligee and shall be in the amount of five thousand ($5,000.00) dollars.

c. Every bond posted pursuant to this section shall be conditioned as follows:

1. That the principal named in the bond will strictly comply with the provisions of Section 13-17 of the Alameda Municipal Code, relating to the removal of buildings and with the conditions of any removal permit which may be issued to applicant under the section;

2. That the principal will pay to the City the amount of any and all damages to any public property of the City resulting from the moving of any building or from the operations under and during the term of the house mover's permit by the principal, his/her agents, servants or employees, including, but not limited to, damages to any fence, tree, sidewalk, curb, pavement, street, street light, electrolier, the cables, wires, poles or appurtenances of any electric line or of any fire alarm or communication system of the City, or damages to any public building or structure;

3. That the principal will pay to the City the amount of all expenses incurred by the City by reason of the failure of the principal to comply with the provisions of Section 13-17 of the Alameda Municipal Code;

4. That the surety may withdraw as surety on the bond be relieved of liability thereunder arising after the effective date of such withdrawal by giving notice of its withdrawal as surety; provided, however, that the withdrawal shall not become effective until the expiration of a period of at least fifteen (15) days after written notice of such withdrawal shall have been given to, and actually received at the office of the City Manager.

(Ord. No. 535 N.S. § 10-135—10-137; Ord. No. 865 N.S.)

No limited house mover's permit shall be issued unless and until the applicant therefor shall first file with the City Clerk a bond, executed, approved and conditioned in all respects as the bond required herein for a general house mover's permit, except as hereinafter provided. Such bond shall be in an amount of one thousand ($1,000.00) dollars for each building or section thereof specified to be moved under such permit. No withdrawal of the surety on the bond shall be permitted and the conditions with reference to withdrawal shall be omitted.

(Ord. No. 535 N.S. § 10-138; Ord. No. 865 N.S.; Ord. No. 2533 § 25)

a. No general house mover's permit, or renewal thereof, and no limited house mover's permit shall be issued unless and until the applicant therefor shall first file with the City Clerk a policy of public liability and property damage insurance, satisfactory to and previously approved by the City Manager or his/her designee and the City Attorney, issued by a responsible and solvent corporation authorized to issue such policy under the laws of the State of California, insuring the applicant against loss from liability imposed by law upon such applicant for injury to, or death of, any person, or damage to property, arising out of the applicant's operations as a house mover in this City, to the amount or limit of ten thousand ($10,000.00) dollars, exclusive of interest and costs, on account of injury to, or death of, any one person, and, subject to the same limit as respects injury to or death of one (1) person, to the amount or limit of twenty thousand ($20,000.00) dollars exclusive of interest and costs, on account of any one (1) accident resulting in injury to, or death of, more than one (1) person, and of five thousand ($5,000.00) dollars for damage to property of others, resulting from any one (1) accident.

b. The liability of the insurance carrier under the policy shall be a continuing liability up to the full amount thereof, notwithstanding any action or recovery thereon, and such liability shall be in no way abrogated or abated by death of the tort feasor or the assured. No cancellation of the policy for any reason whatsoever shall become effective until the expiration of a period of ten (10) days after written notice of cancellation shall have been given to, and actually received at the office of, the City Manager.

c. A copy of an insurance policy, duly certified by the company issuing it to be a true copy of the original policy, or a certificate of insurance issued by the company issuing such policy, in form approved by the City Manager and the City Attorney, may be filed in lieu of the original policy.

(Ord. No. 535 N.S. § 10-139—10-139(b); Ord. No. 865 N.S.; Ord. No. 2533 N.S. § 25)

a. The protection against damages and against liability provided for in this section shall be continued in effect during the active life of the permit for which it was required.

b. If the surety on a bond gives notice of withdrawal or the company issuing a policy of public liability insurance gives notice of its cancellation, the permittee must file a new bond or policy, as the case may be, at least five (5) days before the date on which the withdrawal or cancellation becomes effective. And if in the judgment of the City Manager any such bond or policy becomes insufficient by reason of pending claims against it or for any other cause whatsoever, the Manager may require the permittee to file within ten (10) days another bond or policy in accordance with the provisions of this section. If the permittee fails to file such bond or policy within the times above specified, then at the expiration of such time the house mover's permit issued to permittee shall be automatically suspended until such time as the requirement is complied with and it shall be unlawful for the permittee to further operate as a house mover in the City.

(Ord. No. 535 N.S. § 10-139(c); Ord. No. 865 N.S.)

Upon written application made prior to the expiration of any general house mover's permit or of any renewal thereof, accompanied by the required bond and public liability policy or certificate, the City Manager or his/her designee may renew such permit for an additional period of one (1) year.

(Ord. No. 535 N.S. § 10-139(d); Ord. No. 865 N.S.)

Any person excepting to any denial, suspension or revocation of any permit applied for or held by him/her shall have the right to appeal to the City Council in the manner provided in subsection 5-8.8 of this Code.

(Ord. No. 535 N.S. § 10-139(e); Ord. No. 865 N.S.)