Del Mar Municipal Code Ch. 23.16 Moving Buildings

Any person, firm or corporation who moves, or causes to be moved, any house or other building over or along any street or alley in this City shall first obtain a permit for such move, together with any other licenses or permits required by this Code.

(Ord. No. 431)

A. The Director of Planning and Community Development is authorized to issue a permit to move a building within the City and to impose such conditions as are necessary to protect the public health and safety in:

1. Removing a building from a foundation within the City;

2. Moving a building through the City; and

3. Placing a building on a foundation within the City.

B. Exercising the authority to move a building in accordance with a permit shall be expressly conditioned upon the applicant first having obtained all other permits and licenses required for the building move. If the building is to be located within the City, the applicant shall first comply with the Design Review and zoning requirements of this Code. For purposes of this Section, some exceptions apply to manufactured homes, which are regulated under Chapter 23.15 of this Code.

(Ord. No. 1000, § 5, 9-18-2023)

It shall be unlawful for any person to move, or cause to be moved, any building within the City without first having complied with provisions of this Chapter.

From time to time, the City Council, by resolution, may impose a fee for the processing of an application and a fee for the issuance and supervision of a permit issued in accordance with this Chapter.

A. As a condition to the issuance of the permit, the applicant shall post a surety bond or cash deposit in an amount determined by the Director of Public Works to be sufficient to perform the conditions of the permit, repair any and all damage which may foreseeably occur, and remove and restore all en route obstructions.

B. As a condition to the issuance of the permit, the applicant shall agree to indemnify and hold harmless the City of Del Mar from any and all claims arising out of the building move. The applicant's obligation shall be secured by a policy of insurance whose amount and terms are deemed satisfactory by the Director of Planning and Community Development to protect the public.

C. Where obstructions in the way of the move are identified, the permittee shall give written notice to the owner of such obstruction at least five days prior to the move. The owner of the obstruction will have requisite linemen and helpers at the place of such obstruction to remove the obstruction so as to allow the passage of the building, and thereafter repair and replace the same. Provided, however, that the permit-tee shall post with the owner of the obstruction an amount of money sufficient to cover the actual, necessary expenses incident to the removal, repair and restoration of the obstruction. The owner of an obstruction failing to timely remove the obstruction in accordance with the provisions of this Subsection shall be liable to the permittee for any delay or damage caused by such failure.

D. A permit shall not be issued if the building to be moved will not comply with the applicable building regulations for the proposed site.