Brisbane Municipal Code Ch. 15.48 Moving of Buildings or Structures

For the purpose of this chapter, certain terms, phrases and words shall be construed as follows:

A. "Building" is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

B. "Building inspector" is the building inspector of the county or his regularly authorized deputy, or any person performing the duties of the building inspector of the city.

C. "Person" is a natural person, his heirs, executors, administrators, or assigns, and also includes a firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

D. "Structure" is that which is built or constructed, an edifice, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

(Ord. 66 § 1, 1964).

Notwithstanding any other provisions of this chapter to the contrary, the provisions of this chapter governing the moving of apartment houses and dwellings after July 1, 1978, shall permit the retention of existing materials and methods of construction so long as the apartment house or dwelling complies with the provisions published in the State Building Standards Code and the other rules and regulations of the State Commission of Housing and Community Development or alternative local standards adopted pursuant to Section 17920.7 of the California Health and Safety Code, complies with the building standards for foundation applicable to new construction, and does not become or continue to be a substandard building.

(Ord. 261 § 35, 1980: Ord. 66 § 7.5, 1964).

No person, firm or corporation shall move any building or structure into or within the city or shall remove any building or structure from the city without first obtaining a permit from the building inspector for each such building or structure to be moved or removed.

(Ord. 66 § 2, 1964).

To obtain a permit to move or remove a building or structure, the applicant shall first file an application therefor in writing on a form furnished for that purpose by the building inspector. Every such application shall contain the following information:

A. The location and legal description of the land on which the building or structure to be moved or removed at the time of the application is situated;

B. The location and legal description of the land to which the building or structure is to be moved;

C. The alterations or additions, if any, to be made to the building structure to be moved or removed;

D. The name and address of the person who will install the foundations and to any other necessary work that may be required at the new site, if the building or structure is to be moved or removed to land within the city;

E. The name and address of the person who will move the building or structure to be moved or removed;

F. The use made of the building or structure to be moved or removed at the time of the application for a permit to move or remove the same;

G. The use to be made of the building or structure if it is to be moved or removed to land within the city;

H. Any such other information as may reasonably be required by the building inspector.

(Ord. 66 § 3, 1964).

Prior to or at the time of filing any application for a permit to move or remove a building or structure a fee of ten dollars ($10.00) shall be paid to the building inspector by the applicant to defray the reasonable cost of investigations and other services required of the building inspector pursuant to this chapter. The filing fee provided in this section shall be in addition to other permit fees which are required to erect, construct, enlarge, alter, repair, improve and convert any structural, electrical, plumbing, and heating work required for any building, or to demolish any building or structure pursuant to other applicable laws or ordinances.

(Ord. 66 § 4, 1964).

The building inspector upon receipt of application for a permit to move or remove a building or structure pursuant to this chapter shall make all necessary inspections to determine whether such building or structure may be moved safely without demolishing or destroying the same and shall determine whether or not the proposed location of any building or structure sought to be moved or removed to a location within the city meets the requirements of the city building code and any other laws or ordinances appertaining thereto. The application may also be examined and reviewed by other departments of the city to check compliance with the laws and ordinances. Upon the making of his inspections and the completion of his investigation of the application for a permit to move or remove any building or structure, the building inspector shall make and file a written report of his findings and recommendations with every such application for a permit to move or remove a building or structure.

(Ord. 66 § 5, 1964).

If the written report of the building inspector shows that the building or structure specified in the application may be moved safely without demolishing or destroying the same, and if the report shows that where the building or structure is to be moved or removed to land within the city, the building or structure when so moved or removed will conform with the requirements of any laws and ordinances applicable thereto, the building inspector shall issue the permit to move or remove the building or structure upon fulfillment of the conditions set forth in Sections 15.48.080 and 15.48.090 by the applicant.

(Ord. 66 § 6(part), 1964).

The person named in the application as the person who will move the building or structure to be moved or removed shall furnish evidence of public liability insurance covering injuries to persons and property by reason of the proposed moving or removing of the building in a reasonable amount to be approved by the building inspector.

(Ord. 66 § 6(a), 1964).

No permit for the moving of any building or structure shall be granted by the building inspector until the applicant shall have filed a bond in favor of the city in the sum of not less than one thousand dollars ($1,000.00) nor more than one hundred thousand dollars ($100,000.00), in such amount however as the building inspector may determine, in the form of cash or surety bond acceptable to the city attorney, which bond shall be conditioned that the applicant will strictly comply with all conditions of this chapter and any other applicable laws and ordinances, and that the applicant will pay any and all damages which may result by reason of the moving of the building or structure to any fence, hedge, tree, pavement, street, sidewalk, curb, sewer, gas pipe, water pipe, electric wire or pole supporting the same or to any public or private property, and conditioned further that such person will save, indemnify and keep harmless the city against all liabilities, judgments, costs or any expenses which may in any way accrue against the city in consequence of the granting of the permit or of the moving of the building or structure. In the event that the building or structure is to be moved or removed to a location within the limits of the city, the bond shall further be conditioned that the applicant shall, within ninety (90) days of the issuance of the permit, complete the work necessary to make the building or structure comply with all applicable laws and ordinances, including but not limited to the various health, building and zoning regulations of the city.

(Ord. 66 § 6(b), 1964).

A. If the written report of the building inspector shows that the moving or removing of the building or structure specified in the application may not be done safely without demolishing or destroying the same, he shall deny the application for a permit to move or remove the building or structure. If the written report of the building inspector shows that where the building or structure specified in the application is to be moved or removed into the incorporated territory of the city, that the building or structure may not be made to conform with the requirements of any laws and ordinances applicable thereto, the building inspector shall deny the application for a permit to move or remove the building or structure unless the applicant can and does select another location within the incorporated territory to which the building or structure may be moved or removed in conformance with any laws and ordinances applicable thereto, or unless the applicant selects another location not subject to the jurisdiction of the city.

B. No permit shall be issued for the moving of a building or structure from a location outside of the limits of the city to a location within the limits of the city, unless the application is accompanied by the written consent to such moving of a majority in number of the residents of properties facing the street or public place upon which the building or structure shall face within three hundred (300) lineal feet of the exterior boundaries of the parcel of land upon which the building or structure is to be located.

(Ord. 66 § 7, 1964).

A. Any applicant for a permit provided for in this chapter may appeal in writing to the city council within five (5) days after the rejection of any application or refusal to issue a permit. The city manager-clerk shall forthwith set the matter for hearing and cause notice of the time and place thereof to be given to the applicant in writing either by delivery to him personally, or by transmission of such notice by United States mail not less than five (5) days prior to the date set for such hearing. Transmission of such notice by United States mail addressed to the applicant at the address given in the application shall be deemed to be delivered on the date of mailing thereof.

B. At the time and place set for the hearing, the applicant shall appear and offer evidence in support of the application. After such hearing, the council shall forthwith cause the applicant to be given written notice of its decision.

(Ord. 66 § 8, 1964).

No permit issued pursuant to this chapter shall relieve the applicant therefor from compliance with any requirements of laws or ordinances of other jurisdictions where the location of the building or structure to be moved or removed is not within the territory of the city.

(Ord. 66 § 9, 1964).

The violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 66 § 10, 1964).

(Ord. No. 554, § 54 1-18-11)