Cupertino Municipal Code Ch. 16.36 Relocation of Buildings

For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

A. "Building" means any structure used or intended for supporting or sheltering any use or occupancy. A structure containing less than one hundred and twenty (120) square feet of floor space shall not fall within this definition.

B. "Building Official" means the Chief Building Official for the city or designee.

C. "City" means the City of Cupertino;

D. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

(Ord. 13-2115, (part), 2013; Ord. 82, § 1, 1959)

No person shall move any building over, along or across any highway, street or alley in the city without first obtaining a permit from the Building Department.

(Ord. 13-2115, (part), 2013; Ord. 82, § 2, 1959)

A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Department:

A. Form. The application shall be made in writing, upon forms provided by the Building Department, and shall be filed in the office of the Building Official;

B. Contents. The application shall set forth:

1. A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior,

2. A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city,

3. A legal description of the lot to which it is proposed such building be removed, giving lot, block and tract number, if located in the city,

4. The portion of the lot to be occupied by the building when moved,

5. The highways, streets and alleys over, along or across which the building is proposed to be moved,

6. Proposed moving date and hours,

7. Any additional information which the Building Official shall find necessary to a fair determination of whether a permit should issue;

C. Accompanying Papers.

1. Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all taxes and any city charges against the same are paid in full,

2. Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that he is entitled to move the building.

(Ord. 13-2115, (part), 2013; Ord. 1777, (part), 1998; Ord. 82, § 3, 1959)

Upon receiving an application to move an old or previously occupied building, the Building Official shall cause a notice to be posted on the front and rear of the proposed location and on the front of the building proposed to be moved.

Such notice shall have a title in letters not less than one inch in height, "MOVING NOTICE"; shall give the location of the house by street and number and the name and address of the applicant desiring a permit to move such building.

(Ord. 13-2115, (part), 2013; Ord. 82, § 4, 1959)

After the above described notices have been in place seventy-two hours, excluding Sundays and holidays, and no written protests have been received, the Building official shall issue the permit subject to all the provisions of this chapter. If any written protests are filed with the Building Department, a time shall be set for a hearing before the City Council, said time to be not sooner than three days nor later than twenty days from the date of the filing of the protest. The Building Official shall notify the City Council and the other interested parties of the hour set for such hearing. No permit shall issue unless the City Council shall deny the protest.

(Ord. 13-2115, (part), 2013; Ord. 82, § 5, 1959)

No permit shall be issued to any person unless there is on deposit with the City Clerk all required fees and charges as provided by the most recent City Council resolution, together with the cost of the service rendered by any employee of the city or by any company or corporation in protecting, trimming, or cutting trees or removing and replacing wires or poles; and such sums as will be necessary to cover any damage done to the property of any person along the route of the removal. Any dispute between the holder of a permit and the city as to the cost of any service rendered by any person or the amount of damage done to the property of any person shall be referred to the Chief Building Official whose decision shall be final.

(Ord. 1777, (part), 1998)

In addition to the conditions under which a permit may be issued as specified in this chapter, the Council may, in all cases where a protest in writing has been received, require an applicant to make such improvements and repairs to the building sought to be removed as in the opinion of the Council are warranted, and require said applicant to post a surety bond or cash with the City Clerk as security for the faithful performance by the applicant of all repairs and improvements which the Council orders made as a condition to the granting of such permit.

(Ord. 82, § 6, 1959)

Any permit issued under this chapter shall be subject to the following conditions:

A. Certificates. No permit shall be issued unless there is first filed a certificate of inspection signed by the Building Official certifying that he examined the building and that it is structurally strong; and unless there is also filed a certificate certifying that the removal of said building on the route proposed will not result in damage of or destruction to trees;

B. Locations Outside City. No permit shall be issued to move a building through the city from one location outside the city to another location outside the city unless the proposed route to be followed within the city shall be approved by the Building Official;

C. Location Within City from Outside. No permit shall be issued to move a building from a location outside the city to a location inside the city unless the building has been inspected and approved, and the route to be followed has been approved by the Building Official. Inspection fees shall be paid by the applicant in accordance with the requirements of city ordinances regulating building, electrical, plumbing and gas installations. The lot upon which such building is to be moved shall be posted as required for buildings to be moved within the city;

D. Accessory Building. An accessory building, not over four hundred square feet in area, may be moved in conjunction with the moving of a residence from the same location to the same location without paying an additional fee.

(Ord. 13-2115, (part), 2013; Ord. 1777, (part), 1998; Ord. 82, § 7, 1959)

Notwithstanding the provisions of Section 16.36.070C and D, an existing building may be moved from land contiguous to the city, to land within the city, in all cases where the owner of said contiguous land has taken such steps as the Council may require in order to annex said contiguous land to the city.

(Ord. 82, § 8, 1959)

No building shall be moved upon any truck having metal tires.

(Ord. 82, § 9, 1959)

No building shall be moved upon rollers unless planks are placed under the rollers of such width and in such manner as to protect the surface of the street from damage.

(Ord. 82, § 10, 1959)

No building shall be moved unless moved on rollers or upon a truck having wheels equipped with pneumatic, or solid rubber tires.

(Ord. 82, § 11, 1959)

Every person in charge of the moving of any building on or over the streets of the city shall:

A. Notify the Fire Department within one-half hour after sunset of the location of the building and the route over which the building is to be moved during the night;

B. Give twenty-four hours written notice to any person responsible for trimming trees, removing wires or the doing of other things necessary to permit the moving of the building over the route designated;

C. Maintain red lights at each corner of the building from one-half hour after sunset till one-half hour before sunrise;

D. Carry insurance to cover accidents or damage to persons and property or furnish bond therefor satisfactory to the Building Official;

E. Notify the Sheriff’s office of the time of moving and the route over which the building is to be moved.

(Ord. 13-2115, (part), 2013; Ord. 82, § 12, 1959)