Alameda Municipal Code § 13-18 Relocation of Buildings

As used in this section:

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

Relocation permit shall mean the permit referred to and required by subsection 13-18.2 of this section.

(Ord. No. 865 N.S.)

It shall be unlawful for any person to move any building, or any portion thereof, from one (1) location to another within the City, or from a location outside of the City to a location within the City, unless there shall have first been issued, to the owner of the premises to which the building is to be moved, a written permit to relocate the particular building on those premises.

(Ord. No. 865 N.S.)

Relocation permits may be granted by the City Manager in the first instance, or by the Council in case of appeal, as hereinafter provided. All zoning permits and variances shall be obtained before issuance of a relocation permit unless otherwise permitted by the Council.

(Ord. No. 865 N.S.; Ord. No. 2264)

Application for a relocation permit shall be filed with the City Clerk or his/her designee in duplicate and shall be on forms furnished by the Building Inspector and shall contain such information as the City Manager may reasonably require in order to carry out the purposes of this section. On receipt of such application the City Clerk or his/her designee shall transmit the duplicate thereof to the City Manager. The original application shall be verified by the oath of the applicant.

(Ord. No. 865 N.S.; Ord. No. 2533 N.S. § 27)

Before any application for a relocation permit is accepted, a fee shall be paid by the applicant to cover the cost to the City of investigation of the condition of the building to be moved and the inspection of the proposed new location. This application fee shall be in addition to the regular building permit fees required by the Building Code or other City Ordinance. The fee shall be set by City Council Resolution.

(Ord. No. 865 N.S.; Ord. No. 2576 N.S.§ 8)

No permit shall be issued to relocate any building which is so constructed or in such condition as to be dangerous; or which is infested with pests, or is otherwise unsanitary; or which, if it be a dwelling or inhabitation, is unfit for human habitation; or which is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district within a radius of five hundred (500') feet from the proposed site; or if the proposed use is prohibited by the zoning laws of this City; or if the lot on which the relocation is proposed to be made does not contain the required area; or if the building is of a type prohibited, at the proposed location, by any fire district ordinance, or by any other law or ordinance; or if the proposed relocation would result in the violation of any law or ordinance. Provided, however, that if the condition of the building, in the judgment of the City Manager, admits of practicable and effective repair or correction, the permit may be issued upon condition, as hereinafter provided. If the unlawful, dangerous or defective condition of the building proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the permit shall be denied.

(Ord. No. 865 N.S.)

In order to determine any of the matters presented by the application, the City Manager may make or cause to be made any investigation which in his/her discretion he/she may deem necessary, and shall set such application for hearing before him/her and cause such notice of such bearing to be given by posting notices, at least three (3) days before such hearing, of the time, place and purpose thereof as follows: one (1) notice on the premises on which it is proposed to relocate such building and one (1) notice on each side of the streets bordering each block or portion thereof which is situated within five hundred (500') feet of such premises; provided, that no notice need be posted more than five hundred (500') feet from such premises in any event.

(Ord. No. 865 N.S.)

The City Manager may, in granting any relocation permit, impose such terms and conditions as he/she may deem reasonable and proper, including, but not limited to, the requirement of proper foundations, or of painting, or of alterations, additions, changes, or repairs to be made to, in or upon the building or the premises on which it is to be located, to the end that the relocation of the building will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district as hereinabove limited, to which it is to be moved and for the purpose of attaining full compliance with all laws and ordinances applicable to the buildings and premises. The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto.

(Ord. No. 865 N.S.)

a. No relocation permit 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 the owner of the premises whereon the building is to be located, as principal, and by a surety company authorized to do business in this State, as surety.

b. Terms of Bond. The bond provided for in the next preceding subsection shall be in form joint and several, shall name the City of Alameda as obligee, and shall be in an amount equal to the cost, plus ten (10%) percent of the work required to be done in order to comply with all of the conditions of such relocation permit, as estimated by the City Manager.

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

1. That oath and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the City Manager or his/her designee.

2. 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 ninety (90) days after the date of the issuance of the removal permit provided for in Section 13-17. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient cause by the City Manager or his/her designee or the Council. No such extension of time shall be valid unless written, and no such extension shall release any surety upon any bond.

(Ord. No. 865 N.S. § 10-159—10-159(b); Ord. No. 2533 § 27)

In lieu of a surety bond, the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit of cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereinafter called a "cash bond" for the purposes of this section.

(Ord. No. 865 N.S.)

No bond, however, need be posted in any case where the City Manager shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover, or that of moving a building to adjacent property of the same owner; but the exceptions herein made shall not apply unless the City Manager further finds that no such security is necessary in order to assure compliance with the requirements of this section.

(Ord. No. 865 N.S.)

Whenever the City Manager shall find that a default has occurred in the performance of any term or condition of any relocation permit, written notice thereof shall be given to the principal and to the surety on the bond. Notice may be given by personal service or by registered mail and otherwise as provided in Section 1-2 of this Code. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the City Manager to be reasonably necessary for the completion of such work.

(Ord. No. 865 N.S.)

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 ten (10%) percent of the estimated cost. Upon receipt of such moneys the Council shall proceed, by such mode as it deems convenient, by contract or otherwise, to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor.

(Ord. No. 865 N.S.)

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 Council shall proceed, without further notice or proceedings whatever, to use the cash deposit, or any portion of such deposit, to cause the required work to be performed and completed, by contract or otherwise, in the discretion of the Council. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his/her successors or assigns, after deducting the cost of the work plus ten (10%) percent thereof.

(Ord. No. 865 N.S.)

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 and to clear, clean and restore the site. If the surety default, the City shall have the same option.

(Ord. No. 865 N.S.)

The term of each bond posted pursuant to this section shall begin upon the date of posting thereof and shall end upon the completion to the satisfaction of the City Manager, of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof, signed by the City Manager, 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/her successors or assigns, upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this subsection provided.

(Ord. No. 865 N.S.)

a. The City, 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;

b. 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, or the City, or any person employed or engaged in its behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the building.

c. It shall be unlawful for the owner, or his/her representative, successors or assigns, or any other 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 City engaged in the work of completing, demolishing or removing any building for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions thereof.

(Ord. No. 865 N.S.)

The foregoing provisions of this section shall not apply where the building is to be moved to a point outside the City limits of the City of Alameda.

(Ord. No. 865 N.S.)

Notice of the action of the City Manager on any application for a relocation permit shall be given to the applicant and to any owner of property situated within a radius of five hundred (500′) feet from the proposed relocation site who has appeared in opposition to the granting of such permit. Such notice shall be in writing and shall be given either personally or by mail as provided in Section 12 of this Code, within two (2) days from the date that action on such application was taken. No such notice need be given, however, to any such person who was present at the hearing at which, or at the time that, the action on the application was announced.

(Ord. No. 865 N.S.)

The applicant for a relocation permit, claiming to be adversely affected by the action of the City Manager in denying the permit, or in the conditions upon which the permit is granted, or the owner of property situated within a radius of five hundred (500′) feet from the proposed relocation site, claiming to be adversely affected by the action of the City Manager in granting the permit, may, within six (6) days from the date of action, appeal to the Council by filing with the City Clerk a written notice of appeal, signed by such person and stating the address of the appellant. The appeal shall be set by the City Clerk for hearing before the Council at its first regular or adjourned regular meeting occurring not less than four (4) days next after the filing of such appeal. Notice of such hearing shall be given to the applicant for such permit and to any such owner who may have appeared in opposition to the granting of such permit not less than three (3) days before the date of the hearing on the said appeal. Such notice shall be given in the manner provided in Section 1-2 of this Code.

(Ord. No. 865 N.S.)

When an appeal has been filed, the City Clerk and the City Manager shall submit to the Council all the records, data and files pertaining to the matter, together with a copy of the action or decision of the City Manager. The Council shall hear the appeal and may affirm, modify or reverse, in whole or in part, any action or determination of the City Manager with respect to such application or permit. The determination of the Council on such appeal shall be final and conclusive.

(Ord. No. 865 N.S.)