Duarte Municipal Code Ch. 16.20 Moving Buildings and Structures

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:

BUILDING. "Building" means a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage commercial, industrial, institutional, assembly, educational or recreational purposes.

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

(Ord. 107 § 1 (part), 1963)

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.

(Ord. 107 § 1 (part), 1963)

It shall be unlawful for any person 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 of Duarte, or from one location to another in the city, without first having deposited the sum of two thousand five hundred dollars with the city. Such deposit shall be for the benefit of the city of Duarte to indemnify the city for any damage caused to public streets, highways, trees or other property by the moving of the building or structure. Such deposit shall be in addition to any other cash deposit or surety bond required by the terms of any other ordinance of the city of Duarte or section of this code applicable to the moving of buildings or structures.

(Ord. 760 § 1, 2001; Ord. 107 § 2, 1963)

It shall be unlawful for any person engaged in the moving of buildings to trim, prune, cut, deface or destroy or in any manner damage any tree upon any road, street, highway or parkway within the city of Duarte.

(Ord. 107 § 3, 1963)

In the event any building or structure during the course of its transit through the city shall be parked or stored, temporarily or otherwise, the permittee moving the building or structure shall be required to pay to the city of Duarte a fee established by resolution of the city council for each day or portion thereof that the building or structure is parked, stored, or otherwise maintained immobile within the limits of the city. The foregoing daily fee shall not apply to the extent that the interruption of transit is caused by weather or other conditions precluding safe transit in the opinion of the police department.

(Ord. 781 § 1 (part), 2006; Ord. 107 § 4 (part), 1963)

In the event any tree, street light or any other public property is damaged or destroyed during the course of or in connection with the transit of any building or structure through the city of Duarte, the amount of such damage as determined by the city shall be deducted from the deposit as required by this chapter.

(Ord. 107 § 4 (part), 1963)

No person shall move any building from a site in the city of Duarte, or demolish a building within the city of Duarte without first obtaining a removal permit as provided in Sections 16.20.090 and 16.20.100.

(Ord. 107 § 5 (part), 1963)

No building shall be relocated to any site within the city of Duarte until the approval of the planning commission is obtained in accordance with Chapter 19.94.

(Ord. 107 § 5 (part), 1963)

Every person desiring to move a building from any site in the city of Duarte shall file an application for a removal permit on a form provided by the building official for such purpose. In addition he shall file an application for a sewer permit for the filling of a private sewage disposal system and/or the capping of the house connection to a public sewer in accordance with Chapter 16.12.

(Ord. 107 § 6, 1963)

Each application for a removal permit shall contain the following:

(a) The street address and the legal description of the property from which the building is to be removed and to which it is to be moved.

(b) The name, address and phone number of the owner of the building to be moved.

(c) The name, address and phone number of the contractor who will move the building and his state contractor's license number.

(d) The name, address and telephone number of the person in charge, if he is not the owner, who will be responsible for all moving operations under the permit being applied for, including final clearance of the site.

(e) The signature of the applicant or his authorized agent. If signed by an agent, the agent may be required to submit evidence of his authority to so sign the application.

(f) A plot plan of the site shall be provided showing the location of all buildings to be removed, cesspools to be filled and any basements, excavations or depressions to be filled. This plot plan shall be drawn to scale and carefully dimensioned. This subsection shall not apply to property purchased by the state of California for state highway purposes.

(Ord. 107 § 7, 1963)

The site in the city from which a building is removed or demolished shall be cleared of all foundation, driveways, and walkways and all portions thereof, shall have all loose combustible materials and debris removed therefrom, and all excavations shall be filled in with soil free of debris, all of which shall be accomplished within thirty days from the time the building is removed. Any abandoned private sewage disposal systems shall be filled and any abandoned house sewer connection to a public sewer shall be capped in accordance with Chapter 16.12.

(Ord. 107 § 3, 1963)

Upon notification by the building official that the removal or demolition has been completed and the site thus cleared, the city treasurer shall refund to the depositor the amount of the cash bond deposited, after first deducting therefrom all fees and penalties payable to the city under the provisions of this Chapter, the cost as determined by the chief building inspector of repairing or replacing any public property damaged by the moving or demolition of the buildings, and the sum of ten dollars per day for each day beyond the limit specified in the permit for the clearance of the site in accordance with the provisions of this chapter.

(Ord. 107 § 9, 1963)

In the event that the cleanup operations are not completed within such thirty-day period, the city may cause to be done all necessary work to complete such cleanup operations and the cost thereof shall be deducted from the deposit as required by this chapter.

(Ord. 107 § 9 (part), 1963)

The permittee shall be liable for any expense, damages or costs in excess of the amount deposited by him, and the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.

(Ord. 107 § 10, 1963)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Section 1.04.100 of this code.

(Ord. 107 § 11, 1963)