Chapter 15.32 — HOUSE MOVING

Sections:

15.32.010 Moving structure onto lot in City—Permit required.

15.32.020 Application for permit—Hearing—Criteria for issuance.

15.32.030 Application for relocation permit.

15.32.040 Rules governing issuance of relocation permit.

15.32.050 Relocation permit—When bond required—Amount.

15.32.060 Relocation permit—Terms of bond.

15.32.070 Default by performance—Notice to principal and surety—Duty of surety.

15.32.080 Enforcement of cash bond.

15.32.090 Default by mover—Option to demolish structure and restore site.

15.32.100 Period and termination of bond.

15.32.110 Entry upon premises—When authorized.

15.32.120 Structure to be moved out of City—No bond required—Issuance of permit.

15.32.130 Fee for relocation permit—Exemption.

15.32.140 Relocation permit—Prerequisites to issuance.

15.32.150 Relocation permit—Application.

15.32.160 Applicant must have business license.

15.32.170 Damage to street—Repair—Costs.

15.32.180 Structure being moved to be lighted during dark.

15.32.190 Protection of sidewalk.

15.32.200 Tires of vehicles on streets—Protuberances restricted.

It shall be unlawful for any person, firm or corporation to move from any point outside the City limits, or from any point within the City limits of the City of Anaheim, any house, building or structure of any kind or description onto any property or lot within the City limits of the City of Anaheim, without first having obtained from the City Council of the City of Anaheim a special permit so to do. (Ord. 5547 § 1 (part); December 19, 1995.)

Upon receiving a written application for a special permit to move any house, building, or structure from a point outside the City limits of the City of Anaheim onto any property or lot within the City limits of the City of Anaheim, or to move any house, building or structure from a point within the City limits of the City of Anaheim onto any other property or lot within the City limits of the City of Anaheim, the City Clerk shall fix a time and place for a public hearing before the City Council upon said application. Notice of such hearing shall be given in accordance with Title 18, 18.60100, Notice of public hearing. At the time and place fixed for said hearing, the City Council shall receive evidence and reports and extend to all property owners and any other interested persons an opportunity to be heard. The special permit shall be approved or conditionally approved only if the City Council finds:

.010 That the house, building or structure proposed to be moved onto such property will be comparable in value, size, quality, design and appearance to houses; buildings or structures in the area into which it is to be moved; and

.020 That said house, building or structure will not be detrimental to, nor diminish the value of, other property in the area; and

.030 That said house, building or structure will conform to the provisions of Title 18 of this Code applicable to the property upon which it will be located.

The findings of the City Council upon such matters shall be final and conclusive. Said special permit required by this section shall be in addition to the relocation permit required by this chapter. (Ord. 5547 § 1 (part); December 19, 1995.)

Every application to the Building Official for a relocation permit shall be in writing and shall set forth such information as such Building Official may reasonably require in order to carry out the purpose of this chapter. (Ord. 5547 § 1 (part); December 19, 1995.)

No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous,

or which is infected with pests or is unsanitary; or which, if it be a dwelling, is unfit for human habitation; or which is so dilapidated, defective, unsightly or in such condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm or be materially detrimental to the property or improvements in the district within a radius of one thousand 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 the type prohibited at the proposed location by any fire district regulation by any other provision of this Code or the zoning regulations of the City of Anaheim; or if the unlawful, dangerous or defective conditions of the building or structure proposed to be relocated is such that remedy or correction cannot be effectively or practicably made in the judgment of the Building Official. If the condition of the building or structure, in the judgment of the Building Official, admits of practicable and/or effective repair, the permit may be issued upon the conditions hereinafter provided.

The Building Official in granting any relocation 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 buildings or structures, to the end that the relocation thereof will not be materially detrimental nor injurious to the public safety or public welfare, or to the property and improvements or either, in the district or zone, as hereinabove limited, to which it is to be moved. All relocation permits shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty days from the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so, and fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may extend time for action by the permittee for a period not exceeding one hundred eighty days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. (Ord. 5547 § 1 (part); December 19, 1995.)

No relocation permit shall be issued unless the applicant therefor shall first post with the Building Official a bond executed by the owner of the premises where the building or structure is to be located, as principal, and by a surety company, approved by the City Attorney and authorized to do business within the State, as surety.

The bond, which shall be in form joint and several, shall name the City of Anaheim as obligee, and shall be in an amount equal to the cost, plus ten 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 Building Official. In addition, the bond shall guarantee replacement of any public facilities or improvements damaged during the relocation. 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 of cash in the amount named above, and conditions 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.

No bond, however, need be posted in any case where the Building Official 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 Building Official finds that no such security is necessary in order to assure compliance with the requirements of this section. (Ord. 5547 § 1 (part); December 19, 1995.)

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

.010 That each and all the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official;

.020 That all 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. (Ord. 5547 § 1 (part); December 19, 1995.)

SURETY.

Whenever the Building Official 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 on the bond.

Such notice shall specify the work to be done, the estimated cost thereof, and the period of time deemed by the Building Official 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 Building Official the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten percent of said estimated cost. Upon receipt of such moneys, the Building Official shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the said sum in hand therefor. (Ord. 5547 § 1 (part); December 19, 1995.)

If a cash bond has been posted, notice of default as provided above shall be given to the principal, and if the compliance is not

obtained within the time specified, the Building Official shall proceed without delay and without further notice of proceedings whatever to use the cash deposit or any portion thereof to cause the required work to be done, by contract or otherwise, in his discretion. 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 ten percent thereof. (Ord. 5547 § 1 (part); December 19, 1995.)

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, of demolishing the building or structure, and clearing, cleaning and restoring the site. If the surety defaults, the Building Official shall have the same option. (Ord. 5547 § 1 (part); December 19, 1995.)

The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof, and shall end upon the completion, to the satisfaction of the Building Official, 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 Building Official, a copy of which shall 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 bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided. (Ord. 5547 § 1 (part); December 19, 1995.)

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 its behalf, or the Building Official, or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure.

No person shall interfere with nor 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 or 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 thereof. (Ord. 5547 § 1 (part); December 19, 1995.)

PERMIT.

The provisions of this chapter relating to the posting of bonds shall not apply where the building or structure is to be moved to a point outside the City limits. In such cases, if the Building Official finds that the building or structure is so constructed and in such condition that it may be removed with safety, a permit shall be issued. (Ord. 5547 § 1 (part); December 19, 1995.)

Before any application for a relocation permit is accepted, a fee shall be paid by the applicant to cover the costs of the City for the 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 fee and relocation permit fee.

The provisions of this chapter relating to fees and posting of bonds shall not apply to the relocation of temporary buildings or structures to be used by governmental agencies for governmental purposes. (Ord. 5547 § 1 (part); December 19, 1995.)

No relocation permit shall be granted unless:

.010 The applicant shall have the building and the proposed new location inspected by the Building Official;

.020 The applicant shall pay to the Building Official a fee established by resolution for each permit requested;

.030 A separate application upon a form furnished by the Building Official shall be filed and a separate permit obtained for the moving of each building or structure, or portion of a building or structure. (Ord. 5547 § 1 (part); December 19, 1995.)

Each application for relocation permit must show:

.010 The kind of building or structure to be moved;

.020 The street location or either identifying description of the property to which it is proposed to be moved and the route over, along and across, and upon which such building or structure, section or portion thereof is to be moved;

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

.040 The time when it is proposed to be moved and within which removal will be completed. (Ord. 5547 § 1 (part); December 19, 1995.)

No permit shall be issued for relocation pursuant to the terms of this chapter unless such house mover shall have been regularly licensed and authorized to engage in such business at the time of application for any such permit. (Ord. 5547 § 1 (part); December 19, 1995.)

In case of damage to any street by reason of the moving of any building or structure or section or portion thereof, the Building Official shall notify Public Works who will cause such work to be done 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 relocation such building or structure, or section or portion thereof. (Ord. 5547 § 1 (part); December 19, 1995.)

No person moving any building or structure, or section or portion thereof, over, along, upon or across any street, shall fail, neglect or refuse to keep a red light burning 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. (Ord. 5547 § 1 (part); December 19, 1995.)

No person shall drive any wagon or other vehicle over, along or across any cement or other improved sidewalk or curb, unless planking is laid thereon in such manner as to protect such sidewalk or curb. No person shall remove any such planking except the person by or for whom it was laid, unless permission therefor is granted by the Public Works Director, provided, however, that the provision of this section shall not apply to the driving of vehicles over sidewalks or curbs at places where cement or asphalt crossings are constructed across such sidewalks or curbs, or where expressly permitted by ordinance or by written approval of the Public Works Director. (Ord. 5547 § 1 (part); December 19, 1995.)

No person shall operate upon or cause to be operated upon the improved portion of any concrete, asphalt, rock and oil, or oiled street, or public way in the City any vehicle having thereon a tire or tires on the periphery of which there is or are any blocks, studs, flange, cleat, ridge, bead or any wood which projects beyond the tread of the traction service of the tire. This section shall not prohibit the use of tire chains of reasonable size to prevent skidding when upon wet or slippery surfaces, nor shall the restriction of this section apply to such vehicle when its operation upon any street or road is necessary in the construction or repair thereof. (Ord. 5547 § 1 (part); December 19, 1995.)