Chula Vista Municipal Code Ch. 15.44 Buildings and Construction

MOVING, RELOCATING AND DEMOLISHING BUILDINGS*

Sections:

• 15.44.010 Definitions.

• 15.44.020 Approval.

• 15.44.030 Application for permit.

• 15.44.040 Relocation bond. 15.44.050 Demolition, removal – Permit required – Fee. 15.44.055 Demolition, removal of historical resource – Permit required – Fee. 15.44.060 Safety measures designated – Compliance required. 15.44.070 Appeals.

• 15.44.080 Right of City to clear property. 15.44.090 Violation – Penalty.

• CROSS REFERENCE: Street Overloads, see Ch. 12.08 CVMC.

For the purpose of this chapter, certain words and phrases are defined as set out in this section, unless it is apparent from the context that a different meaning is intended:

“Buildings” means and includes any house, dwelling, commercial or industrial building or structure, or any section or portion thereof. (Ord. 1851 § 1, 1979; Ord. 1780 § 1, 1978; Ord. 751 Art. 1 § 1, 1961).

Before any existing building, house or structure of any type whatsoever may be moved from outside the City limits, or from one location within the City to another location within the City limits, an application for such moving shall be made to the Building and Housing Department. Fees for moved buildings shall be the same as for new buildings. (Ord. 1851 § 1, 1979; Ord. 1780 § 2, 1978; Ord. 751 Art. 2 § 1, 1961).

A. Whenever an existing building, house or structure is moved from its present location outside the City to a new location within the City, or from one location within the City to another location within the City, the house mover or other person, firm or corporation moving a house, building, or structure shall, prior to moving, file an application for a moving permit with the Building and Housing Department. Said application shall contain the following information:

1. Present location of building to be moved;

2. Location to which it is proposed to move the building;

3. Route proposed to be followed in moving the building;

4. A sufficient number of detailed plans and specifications of work to be done which shall include and indicate all exterior and interior alterations and decorating, elevations, additions and repairs, together with such other plans and plats that may be required by any other ordinance of the City;

5. Multifamily projects shall be processed through the Planning Commission, as provided under CVMC 19.28.180 and 19.28.190. The fee shall be as specified in the master fee schedule;

6. Colored photographs of building elevation before moving and buildings immediately adjacent to new building location;

7. A termite and fungus inspection report by a California-licensed pest control company. Infestation and fungus, when found, shall be corrected and a certificate issued by the pest control company doing the work.

B. Any application for a permit to move any building, house or structure may be denied by the Director of Building and Housing if, in the opinion of the Director of Building and Housing, the building, house or structure cannot be altered or rehabilitated to conform to the Uniform Housing Code as adopted by the City. Upon receipt of said application and the payment of a plan check fee, the Director of Building and Housing shall cause an inspection to be made of the building or structure and a report of said inspection shall be forwarded to the Planning Department with recommendations for remodeling. The Planning Department shall process the application. (Ord. 3268 § 3, 2013; Ord. 1851 § 1, 1979; Ord. 1780 § 1, 1978; Ord. 1590 § 1, 1974; Ord. 1048 § 1, 1967; Ord. 751 Art. 2 § 2, 1961).

Every permit to move any such building shall provide that all work of moving, relocation, remodeling, completion and decoration of such building be complete and ready for use and, according to the plans and specifications required by CVMC 15.44.060 through 15.44.090, shall be accomplished and completed within 180 days from the date of such permit. Every person, firm or corporation who applies for such permit shall deliver to the City a good and sufficient surety company bond, or a cash deposit. The sum of the bond shall be determined by the Director of Building and Housing in an amount sufficient to cover the cost of remodeling; however, the minimum shall be $5,000. The bond shall be made payable to the City which, by its terms, shall be forfeited in case such building is not completed and ready for occupancy according to such plans and specifications and requirements within such period. (Ord. 1851 § 1, 1979; Ord. 1780 § 1, 1978; Ord. 1590 § 1, 1974; Ord. 1048 § 1, 1967; Ord. 751 Art. 2 § 2, 1961).

Before any building within the City is demolished or removed, the person, firm or corporation doing the demolishing or removing shall first obtain a permit from the Building and Housing Department. A separate required permit fee(s) shall be charged for each separate parcel of land where demolishing or removing is taking place. When new construction is to begin within 30 days, a permit for removal may be included with a permit for new building. (Ord. 2506 § 1, 1992; Ord. 1851 § 1, 1979; Ord. 1780 § 1, 1978; Ord. 1590 § 1, 1974; Ord. 1048 § 1, 1967; Ord. 751 Art. 2 § 2, 1961).

Before any potential or designated historical resource within the City is demolished or removed, the person, firm or corporation doing the demolishing or removing shall first obtain a permit from the Development Services Department. Potential historical resources shall require a determination of eligibility pursuant to CVMC 21.07.020 before issuance of any permits. Eligible and designated historical resources shall require a certificate of appropriateness (COA) pursuant to CVMC 21.08.040 before issuance of any permits. A separate required permit fee(s) shall be charged for each separate parcel of land where demolishing or removing is taking place. (Ord. 3201 § 3, 2011).

A. After demolishing or removal of any building from a parcel of land in the City, the house mover or owner of the parcel shall comply with the following conditions with respect to such parcel:

1. Securely cap and seal all gas, water, oil and any other utility pipes disconnected from the building;

2. Securely seal all sewer and other sanitary facilities;

3. Fill with sand or small gravel all excavations, including cesspools, septic tanks and wells;

4. Remove all refuse, debris, old foundations, walls, curbs, waste material and other impediments. Flat work concrete, level with surrounding ground, may remain.

B. Within 20 days after removal of a building, the house mover or owner of the parcel shall file with the Building and Housing Department a letter certifying that all the provisions of this chapter have been complied with. (Ord. 1851 § 1, 1979).

The applicant may appeal the findings and recommendations of the Building and Housing Department to the City Manager. The appeal shall be in writing. The City Manager shall use the procedures in Chapter 1.40 CVMC to govern the appeal. (Ord. 2718 § 1, 1998; Ord. 2506 § 1, 1992; Ord. 1851 § 1, 1979).

Any failure to comply with the provisions of CVMC 15.44.060 is a nuisance. The Director of Building and Housing is authorized to summarily abate said nuisance by causing said requirements to be complied with, and said abatement by the City shall be at the expense of the person or persons creating, causing, committing or maintaining it. The expense of the abatement of said nuisance by the City shall be a lien against the property on which it is maintained and a personal obligation of the property owner. (Ord. 1851 § 1, 1979).

It is unlawful to intentionally fail to comply with any of the provisions of this chapter. (Ord. 2506 § 1, 1992; Ord. 1851 § 1, 1979).