Berkeley Municipal Code Ch. 19.76 Moving Buildings

It is unlawful for any person to move or cause to be moved any building in, into, through or from the City without first obtaining a permit therefor from the building official. Such permit shall be known as a "house moving permit." (Ord. 6590-NS § 1)

A. Any person desiring a house moving permit shall file with the building official an application therefor in writing on a form to be furnished for that purpose.

B. Such application must have attached thereto a photograph of the building to be moved, and shall specify the following:

1. The character and size of the building to be moved;

2. The reason for such moving;

3. The use, purpose and occupancy for which said building or structure is to be used;

4. The location from which and to which said building is to be moved;

5. The streets on, over and through which it is desired to move said building; and

6. Whether any rezoning or any permit under the Zoning Ordinance is necessary or contemplated. (Ord. 6590-NS § 1)

A. Prior to the issuance of a house moving permit, the applicant must file with the building official a bond in an amount equal to the cost, plus ten percent (10%) of the work required to be done in order to comply with all of the terms and conditions of such permit, as estimated by the building official. Said bond shall be executed by the owner of the premises where the building structure is to be located, as principal, and by a surety company authorized to do business in this state, as surety and acceptable to the City. The bond shall name the City as obligee and shall be conditioned as follows:

1. That each and all of the terms and conditions of the house moving permit shall be complied with to the satisfaction of the building official; and

2. That all of the work required to be done pursuant to the conditions of the house moving permit shall be fully performed and completed within the time limit specified in said permit, or, if no time limit is specified, within ninety (90) days after the date of issuance of said permit.

B. An extension of time may be granted by the building official, but no such extension of time shall be valid unless written, and no such extension shall release any surety upon any bond.

C. Said bond must be approved as to form by the City Attorney. (Ord. 6590-NS § 1)

In lieu of the surety bond required in Section 19.76.030, the owner of the premises where the building or structure is to be located may deposit cash in the amount of the surety bond, and conditioned as required in the case of a surety bond, with the City, or in a trust account of a federally insured bank, savings and loan association or a credit union, payable to the City in the event of nonperformance. Such trust account agreement must be approved as to form by the City Attorney. (Ord. 6590-NS § 1)

In lieu of the surety bond required in Section 19.76.030, the owner in fee simple of the premises where the single-family building and buildings accessory thereto are to be located may, subject to the approval of the building official, fulfill this requirement by depositing in an escrow account all required moneys for completion of the work, the form of the agreement to be approved by the City Attorney. The following conditions must be satisfied:

A. Submitting to the building official evidence of past experience in the moving and rehabilitation of buildings and a financial statement of current assets and liabilities, and assets available for completion of the work required by this chapter within the required time;

B. Submitting a complete work program to the building official indicating a time frame and funds required for each phase of the work;

C. Obtaining all permits required by the Zoning Ordinance and other City ordinances. (Ord. 6590-NS § 1)

Each bond posted pursuant to this chapter shall terminate upon the completion, to the satisfaction of the building official, of the performance of all the terms and conditions of the house moving permit. When a cash bond has been posted, the cash shall be returned to the depositor, or to their successors or assigns, upon the termination of the bond, except any portion thereof that may have been used or deducted as provided in Section 19.76.080. (Ord. 6590-NS § 1)

When a house moving permit is granted, such terms and conditions as may be deemed reasonable and proper may be imposed including, but not limited to, specifying the public streets, ways or parks in the City on, over or through which the building or structure shall be moved, and the requirements of changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that the relocation thereof 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 to which it is to be moved. Such terms and conditions shall be written upon the permit or appended in writing thereto. (Ord. 6590-NS § 1)

A. Whenever 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, said notice to state the work to be done, the estimated cost thereof, and the period of time deemed to be reasonably necessary to complete such work. After receipt of such notice, the surety must, within the time therein specified, either cause the work to be done or pay over to the building official the estimated cost of doing the work, as set forth in the notice, plus ten percent (10%) of said estimated cost. Upon receipt of such money, the building official shall cause the required work to be performed and completed as set forth in Chapter 1.24.

B. 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 building official shall use the cash deposit or any portion thereof to cause the required work to be completed as set forth in Chapter 1.24. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to their successors or assigns, after deducting the cost of the work plus ten percent (10%).

C. If the principal defaults, the building official shall have the option, in lieu of completing the work required, to demolish the building or structure, and to clear, clean and restore the site. (Ord. 6590-NS § 1)

The applicant must deposit with the building official a sum sufficient to cover the cost to the City, as estimated by the appropriate City departments and divisions of trimming, moving, removing or replanting of trees and/or shrubs, and of moving, removing or displaying any pole or other structure, supporting any wires, cables or other equipment belonging to the City or the cutting, displacing or changing the location of any wire, cable or other equipment upon said poles or structures belonging to the City. (Ord. 6590-NS § 1)

A. Every person, firm or corporation moving a building in the City shall file with the Building and Safety Division of the Planning and Development Department, a liability insurance policy issued by a solvent corporation holding a certificate of authority to do insurance business in the state, which policy shall conform in all respects to the requirements of this section.

B. In lieu of filing the insurance policy herein referred to, a certificate of insurance issued by an insurance corporation or by an authorized surplus lines broker may be filed. The certificate must show that a policy meeting the requirements of this section has been issued, and shall set forth the expiration date of such policy.

C. The liability policy required under this section shall insure the person, firm or corporation moving a building against loss from the liability imposed by law for injury to or death of any person, or damage to any property growing out of the moving of such building, to the amount of limit of ten thousand dollars ($10,000) 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 person, of twenty thousand dollars ($20,000) exclusive of interest and costs, on account of moving any one building resulting in injury to or death of more than one person, and of five thousand dollars ($5,000) for damage to property of others, resulting from moving any one building. (Ord. 6590-NS § 1)

No permit shall be issued to move any building or structure which is so constructed or in such condition as to be dangerous; or which is infested with pests or unsanitary; or which, if it is a dwelling or habitation, 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 to or be materially detrimental to the property or improvements in the district within a radius of one thousand (1,000) 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 a type prohibited at the proposed location by any law or ordinance of the City. Provided, however, that if the condition of the building or structure, in the judgment of the building official, admits of practicable and effective repair, the permit may be issued upon the terms and conditions as set forth in Section 19.76.070. (Ord. 6590-NS § 1)

If the applicant is aggrieved by the decision of the building official in denying a permit as provided in Section 19.76.050, an appeal may be made to the Housing Advisory Commission as provided for in Section 19.44.020 of this Code. (Ord. 6590-NS § 1)

The streets over which any building or structure is to be moved must be approved by the building official, the Chief of Police, and appropriate divisions of the Public Works Department. (Ord. 6590-NS § 1)

If a building is to be moved to a location outside the City, the applicant must obtain written consent or permission from the necessary officials of the City or county to which the building is to be moved. (Ord. 6590-NS § 1)

The building official shall issue a house moving permit when all the necessary requirements and conditions of this chapter have been complied with. (Ord. 6590-NS § 1)

A permit fee shall be paid as per City Council resolution establishing fees for services as required in this section. (Ord. 6590-NS § 1)

Every building which is moved on, over or through any public street, way or park in the City shall be under the supervision and control of the Manager of Engineering and every such building shall be moved in a careful manner and the work shall be prosecuted with diligence and to the satisfaction and approval of said Manager of Engineering. (Ord. 6590-NS § 1)

It is unlawful for any person, firm, association or corporation, either as mover or the one causing the moving to be done, as owner of the real property, or as owner of the buildings or structure, to permit any building or structure which has been moved and which has a floor area in excess of four hundred (400) square feet to remain upon any real property in the City for more than sixty (60) days unless said building or structure is attached to the ground by a proper foundation as required by the Berkeley Building Code.

The building official may, for good reason, further authorize and permit any building or structure which has been moved and which has a floor area in excess of four hundred (400) square feet to remain upon any real property in the City, unattached to the ground by a proper foundation as required by the Berkeley Building Code, for a period of time in addition to the sixty (60) day limitation referred to above, such additional period not to exceed an additional four (4) month period. The building official may issue additional extensions of time within the provisions of this section, but in no event will the total amount of time extensions granted within the provisions of this section exceed twelve (12) months. (Ord. 6590-NS § 1)

No person owning or having charge of the moving of any building, into, on, over, through or from any public streets, ways or parks in the City shall permit said building to (l) remain in any one location on any such street, way or park for a period longer than twenty-four (24) hours except by written permission obtained from the Chief of Police; (2) obstruct traffic on any railroad; or (3) in case of street railways to obstruct any tracks in use except between the hours of 2:00 AM and 5:00 AM. (Ord. 6590-NS § 1)

The person having charge of the moving of any structure shall maintain proper lights and barricades whenever such structure is left on any public street, way or park during the hours of darkness. (Ord. 6590-NS § 1)

A. In the event that the moving of any building for which a permit shall have been granted, makes it necessary to move, remove or displace any pole or other structure supporting the wires, cables or other equipment of any public utility or of the City, or to cut, displace or change the location of any wire, cable or other equipment upon said pole or structure, the person to whom such permit has been granted, or an authorized representative, shall notify the owner or owners of such pole or structure and/or the wires, cables or other equipment thereon at least forty-eight (48) hours prior to the time that the moving of such building will necessitate their removal.

B. The person to whom said permit is granted shall not at the expiration of said time of notice or at any time, cut, move or in any way disturb such public utility or City property; and such work shall be done only by the authorized workers of the public utility interested; or, if City property, by the authorized workers of the City.

C. The person to whom the permit is granted shall pay to such public utility, or to the City, as the case may be, any and all costs or expense for the removal, rearrangement and/or replacement of any pole or structural support of wires, cables or equipment and/or of the equipment thereon or of any damage to such property. (Ord. 6590-NS § 1)

A. In the event that the moving of any building for which a permit shall have been granted hereunder makes it necessary to trim, move, remove or replant any tree, plant or shrub belonging to or under the control of the City, the person to whom such permit has been granted, or an authorized representative, shall notify the Director of Parks and Waterfront at least forty-eight (48) hours prior to the time that the moving of such building will necessitate the removal of such obstructions.

B. The person to whom said permit is granted shall not at the expiration of said time of notice or at any time trim, move, remove, replant or otherwise disturb such trees, plants or shrubs; and such work shall be done only by authorized City employees unless otherwise approved and so ordered by the Director of Parks and Waterfront.

C. The person to whom said permit is granted shall pay to the City any and all costs or expense for the trimming, moving, removing or replanting of any trees, plants or shrubs or of any damage thereto. (Ord. 6590-NS § 1)

In the event that the moving of any building for which a permit shall have been granted hereunder causes damage to the public streets and/or other public property, the person to whom such permit has been granted, or an authorized representative, shall upon written notification from the Director of Public Works proceed to make all necessary repairs to such streets and/or property; provided, however, that should said person to whom said permit has been granted, or an authorized representative, fail to make said necessary repairs to be made and the cost thereof deducted from the deposit required by Section 19.76.090 hereof; and provided, further, that the period of time designated in said written notice shall not be less than four hours from the time said notice shall have been served. (Ord. 6590-NS § 1)

When the moving of any building for which a permit has been granted is completed, and all damage to public streets and/or other public property has been repaired to the satisfaction of the Director of Public Works, and all costs of repairing damage and/or performing other work as in this chapter provided have been paid, the deposit as required by Section 19.76.090 hereof, or such portion thereof then remaining unused under the provisions of this section, shall be refunded upon surrender of the deposit receipt representing the said money so deposited. Should the cost of repairing damages and/or performing other work as in this section provided exceed the total amount of money deposited, the person to whom said permit was granted shall be held liable for the amount of damage and/or other costs which are in excess of the amount deposited, and it shall be the duty of the Director of Public Works to collect such part of the claim which is in excess of the deposit from the person to whom the permit was granted. (Ord. 6590-NS § 1)

The building official may at any time revoke any permit granted under this chapter, in the event of a violation thereof, or of this chapter, or if building official determines any material representation in the application was false, and may, in such cases, require such remedial work as deemed appropriate. (Ord. 6590-NS § 1)