Delano Municipal Code Ch. 14.32 Moving Buildings

It is unlawful for any person, firm or corporation to move, or cause to be moved, any building or structure, or any section of any building or structure, over, upon, along, or across any public street, place or alley, in the city, or from one location to another in the city, without first obtaining a permit to do so from the planning division and structures moved from within to outside the City of Delano shall be approved by the planning division provided all other terms of this chapter are met.

"Structure" means any building, shed, house, or dwelling, or any stationary object constructed of building materials, erected for or useable for the support, shelter, or enclosure of persons, animals, chattels, or moveable property of any kind. (Accessory buildings, such as storage sheds or other small structures, not to be used as dwelling units or for commercial storage, less than two hundred square feet in size, are exempt from the provisions of this chapter.)

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 826 §1 1984: Ord. 611 §1, 1973).

Applications for permits shall be filed with the community development director. Such applications shall show the following:

A. The name of the owner and/or the mover on behalf of the owner, the type of building or structure, the present and proposed location, the fair value and approximate age of the building or structure to be moved, the route proposed to be followed, the method of the moving, and the time within which the work of moving will be commenced;

B. That all necessary authority and permits have been obtained from the operators of public utilities which might be affected by such moving operations;

C. Such other pertinent information as the community development director or building inspector may require.

D. In the event a building or structure is to be moved from a lot within the city to a point outside of the city, the applicant shall pay to the city an application fee in accordance with the city's fee schedule, no adopted part of which shall be refundable, to cover costs of work performed by public works department and police department in determining routes over which the structure is to be moved and the times of moving and by the planning division in advising the public utilities and other agencies involved in the removal of the building.

The application shall contain all of the information required in subsection A of this section, except "the fair value and approximate age of the building or structure to be moved."

Applicant for a permit to move a building from within the city to a location outside the city shall comply with subsections B and C of this section. Applicant shall also comply with all other sections of this chapter which apply to such removal, including posting bonds as provided in Section 14.32.050. When all of these conditions have been complied with, the community development director shall issue necessary permits to remove the building from within the city to a point outside the city.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 628 §1, 1974; Ord. 611 §2, 1973).

In addition to such applications, there shall be filed with the planning division five copies of a plot plan showing the location upon the property to which the building or structure is to be moved, together with photographs, not less than three by five inches in dimension, of all sides of such building or structure showing the general architectural design and appearance thereof and if any material alteration, repair work or other work is proposed to be done, after removal has been completed, then there shall also be filed five sets of plans showing the general architectural design and appearance of the building or structure on all sides after such work has been completed.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 611 §3, 1973).

At the time of filing an application involving a structure proposed to be located in the city, there shall be paid to the planning division an application fee in conformance with the city's adopted fee schedule, no part of which shall be refundable, to cover costs of inspection by the building inspector of the structure at its present location, the cost of making maps, sending out notices, and other incidental administrative expenses involved. The fee shall be retained by the city as an application fee whether permit is issued or not.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 611 §4, 1973).

Before a permit is issued, the house mover shall furnish and file with the city clerk a good and sufficient surety bond in the principal sum of five thousand dollars in favor of the city for the benefit of any person, firm, or corporation who may be damaged directly by the moving of the building or structure; provided that any person, firm or corporation engaged in the business of moving buildings may file with the city clerk a surety bond in the sum of ten thousand dollars indemnifying the city for like purposes, and in that event such person, firm or corporation need not file the five thousand dollar bond hereinabove required for any single moving operation.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 611 §5, 1973).

All applications for permits shall be submitted to the planning division of the city for review, and no permit shall be issued until the same has been approved by the community development department.

Upon the filing of any such application, the same shall be set for hearing before the city's zoning administrator, and notice of the time and place of such hearing and the purpose thereof shall be given by the mailing of notices to all owners of property within three hundred feet of the property to which any building or structure is to be moved. Such mailing of notices shall be completed at least ten days before the hearing. No permit shall be approved to move any 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 a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable damage to or be materially detrimental to the property or improvements in the district within the immediate vicinity of the proposed new location; or which is in violation of zoning or building laws of this city; provided, however, that if the condition of the structure, in the judgment of the building inspector, admits a practicable and effective repair, the permit may be approved upon conditions as hereinafter provided.

The zoning administrator may, in approving a permit, impose thereon such terms and conditions as it may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, or additions made to or upon the structure, to the end that 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.

The terms and conditions upon which each permit is approved shall be written upon the permit or appended in writing thereto the building official.

In making its determination, the zoning administrator, shall consider but not be limited to the following factors:

A. That the structure and its proposed use complies in all respects with the zoning laws of this city;

B. That the structure shall not be older than the majority of the structures in the immediate neighborhood to which such structure is to be moved, and shall not be in a dilapidated, obsolete or deteriorated condition which in any manner may result or tend to lessen the economic values of other properties or be detrimental to the neighborhood in which such structure is to be moved;

C. That the structure must be generally similar in type to structures in the general area to which it is to be moved.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 611 §6, 1973).

All applications for moving buildings and structures as hereinabove provided shall be accompanied by a faithful performance bond, executed by a responsible surety company authorized to do business in the State of California in an amount equal to one hundred percent of the cost estimated by the building inspector as necessary to bring such structure up to existing building codes and to the standard of the residences in the immediate area of the proposed new location; and that all the work required to be done pursuant to the conditions of the house moving permit be completed within one hundred eighty days of the approval of the permit by the planning department.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 611 §7, 1973).

The permit or permits in this chapter authorized shall be in addition to all permits required under any other ordinance of the city, and all such relocated buildings or structures shall be subject to the inspection of the building inspector and must conform to all the requirements of the building code and other codes or ordinances relating to building, construction and necessary installations incident thereto.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 611 §8, 1973).

Any person aggrieved by the decision of the zoning administrator upon any application for a permit as in this chapter provided may within ten days from the date the action is taken appeal to the city council.

The appeal shall be in writing and filed with the city clerk. Upon the filing of any such appeal the same shall be set for hearing before the city council and notice of the time and place of such hearing and the purpose thereof shall be given by the mailing of notices to the owners of all property contiguous to the property to which any building or structure is to be moved. Such mailing of notices shall be completed at least ten days before the hearing.

After such hearing by the city council, the council may grant or deny the application or may modify in any particular the action taken by the zoning administrator.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 611 §9, 1973).

Prior to the issuance of a permit the community development director shall refer the application to the superintendent of streets for review of the proposed route to be used.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 611 §10, 1973).

After removal of any structure from property within the city, the permittee shall fill with dirt, sand or small rock, all openings and excavations of the property, including cesspools and septic tanks, in accordance with the Uniform Plumbing Code. The permittee shall remove from the property all refuse, debris, old foundations, walls, slabs, waste material and other impedimenta.

Within ten days after such removal, a letter shall be filed by the permittee with the building official certifying that the requirements of this section have been complied with.

(Ord. 1095 §4 (Exh. A (part)), 2003: Ord. 1094 §4 (Exh. A (part)), 2003: Ord. 611 §11, 1973).