Artesia Municipal Code Ch. 2 Building Moving

It is unlawful for any person to move, or cause to be moved, any building or structure, or any section of any building or structure, over, upon, along, or across any public street, place, or alley in the City, or from one location to another in the City, without first obtaining a permit to do so from the City Clerk.

(Ord. 25, § 1)

Applications for the permits required b' the provisions of this chapter shall be filed with the City Clerk. Such applications shall show the following information:

(a) The name of the owner, the type of the building structure, its present and proposed location, the fair value and approximate age of the building or structure to be moved, the route proposed to be followed, the method of moving, and the time within which the work of moving will be commenced and completed;

(b) That all the necessary authority and permits have been obtained from the operators of public utilities which might be affected by such moving operations; and

(c) Such other pertinent information as the City Clerk may require.

(Ord. 25, § 2)

Applications for the permits required by the provisions of this chapter shall be accompanied by plans showing the location upon the property to which the building or structure is to be moved, together with photographs not less than five inches by seven inches in dimension, of all sides of such building or structure showing the general architectural design and appearance thereof. If any material alteration, repair work, or other work is proposed to be done after the removal has been completed, there shall also be filed plans showing the general architectural design and appearance of the building or structure on all sides after such work has been completed.

(Ord. 25, § 3)

Applications for the permits required by the provisions of this chapter shall be accompanied by a filing fee of $250 to cover the costs of making maps, sending out notices, and other incidental administrative expenses involved. Such fee shall be retained by the City as an application fee, whether a permit is issued or not.

(Ord. 25, § 4; Ord. 60, § 1)

(a) Required. All applications for the permits required by the provisions of this chapter shall be submitted to the Planning Commission for its review. No such permit shall be issued until it has been approved by the Planning Commission.

(b) Hearings: Notices. Upon the filing of such application, a hearing shall be set before the Planning Commission. 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 contiguous to the property to which the building or structure is to be moved. Such mailing of notices shall be completed at least 10 days before such hearing.

(c) Hearings: Determinations. No permit shall be granted for the moving of any building or structure from one location to another within the City if such building or structure, in the opinion of the Planning Commission, is so old, dilapidated, and in such a state of disrepair as to be unsanitary or otherwise unfit for human habitation, occupancy, or use, or which, by reason of its external appearance, would be detrimental to the residential character of the neighborhood in its new location. Before granting approval of a proposed relocation, the applicant therefor shall affirmatively show or prove, and the Commission shall be satisfied, that all the following conditions are met:

(1) That the structure is in conformity with the type and qualify of buildings existing in the surrounding area of the proposed site.

(2) That the structure will constitute a beneficial addition to and contribute to the general development of the area.

(3) If there is vacant property in such surrounding area or if the surrounding area is in transition, the Commission shall take into consideration the type of structure and uses that could be located there in the future.

(4) That the proposed relocation will not conflict with any of the property development standards of this chapter.

(5) That the structure proposed to be relocated shall be completely free of pest infestation and that a qualified pest extermination firm shall have so certified.

(6) That the proposed relocation will in no way be detrimental to persons, to properties, or to the living environment of the area.

(7) That the proposed relocation will not adversely affect any proposed streets or other improvements in the area, nor be in conflict with any Master Plan of the City.

(d) Commission Action. The Commission may approve, conditionally approve, or deny the request for relocation based on the evidence submitted and its own study and knowledge of the circumstances involved.

(e) Conditions of Approval. The Commission may approve a proposed relocation subject to such conditions as the Commission may deem warranted by the circumstances involved. Such conditions may include, but are not limited to, any or all of the following:

(1) Dedication and improvement of streets, which may include curb, gutters, sidewalk and paving;

(2) A performance bond guaranteeing that all conditions will be fully met prior to occupancy. Before a building permit may be issued, the applicant or his or her authorized agent shall post a cash deposit or bond satisfactory to the City of Artesia and sufficient to cover the costs of the required improvements. Said deposit or bond shall also be sufficient to cover the costs of all matters involving the City, such as inspections, engineering, street and other improvements, and restoration of the vacated site.

(3) That all work will be completed within 180 days after approval is granted. One extension only of 90 days can be obtained if proof is given to the Commission that circumstances beyond the control of the applicant caused the delay.

(4) That relocated structures will conform to all setback requirements and provisions of streets and highways as indicated on the Master Plan of Highways.

(Ord. 25, § 7; Ord. 406, § 1)

The permits required by the provisions of this chapter shall be in addition to any other permit required by any other law of the City.

(Ord. 25, § 8)

Before the permit required by the provisions of this chapter shall be issued, the house mover shall furnish and file with the City Clerk a good and sufficient surety bond in the principal amount of $5,000 in favor of the City for the benefit of any person who may be damaged directly by the moving of the building or structure; provided, however, any person engaged in the business of moving buildings may file with the City Clerk a surety bond in the amount of $10,000 indemnifying the City for like purposes. In such event, such person need not file the five thousand ($5,000.00) dollar bond required by the provisions of this section for any single moving operation.

(Ord. 25, § 5)

All relocated buildings or structures shall be subject to inspection by the Building and Safety Department and shall conform to all the requirements of the Building Code and other Codes and laws relating to buildings and construction and the necessary installations incident thereto.

(Ord. 25, § 8)

(a) Filing. Any person aggrieved by the decision of the Planning Commission upon any application for the permit required by the provisions of this chapter may appeal to the Council within 15 days after the date such action is taken by the Planning Commission. Such appeal shall be in writing and shall be filed with the City Clerk.

(b) Hearings: Notices. Upon the filing of any such appeal, a hearing shall be set forth before the Council. 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 contiguous to the property to which the building or structure is to be moved. Such mailing of notices shall be completed at least 10 days before such hearing.

(c) Determinations. After such hearing by the Council, the Council may grant or deny the application or may modify in any particular the action taken by the Planning Commission.

(Ord. 25, § 9)

Upon a proper showing, the Council may modify the requirements of this chapter or may waive or reduce the permit application fees where the building or structure to be moved is owned or is to be used or occupied by another public agency, or is located within the City limits, or where the distance which such building or structure is to be moved is so short as to warrant a modification of such fees or the other requirements of this chapter.

(Ord. 25, § 6)