East Palo Alto Municipal Code Ch. 15.40 Moving and Removal of Buildings and Structures

For the purposes of this chapter, certain terms, phrases and words shall be construed as follows:

"Building" means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

"Building inspector" means the building inspector of the city of East Palo Alto or his/her regularly authorized deputy.

"Structure" means that which is built or constructed, an edifice, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including mobile houses.

(Prior code § 9-11.101)

No person shall move any building or structure into or within the incorporated territory of the city, or remove any building or structure from the incorporated territory without first obtaining a permit from the building inspector for each such building or structure to be moved or removed. Design review approval is also required for house moving permits.

(Prior code § 9-11.102)

To obtain a permit to move or remove a building or structure, the applicant shall first file an application therefor in writing on a form furnished for that purpose by the building inspector. Every such application shall contain the following information:

A. The location and legal description of the land on which the building or structure to be moved or removed at the time of the application is situated;

B. The location, legal description and name of the legal owner of the land to which the building or structure is to be moved;

C. The alterations or additions, if any, to be made to the building or structure to be moved or removed;

D. The name and address of the person who will install the foundations and do any other necessary work that may be required at the new site if the building or structure is to be moved or removed to land within the incorporated territory of the city;

E. The name and address of the person who will move the building or structure to be moved or removed;

F. The use made of the building or structure to be moved or removed at the time of the application for a permit to move or remove the same;

G. The use to be made of such building or structure if it is to be moved or removed to land within the incorporated territory of the city;

H. Any such other information as may reasonably be required by the building inspector;

I. Plot plan, floor plan and elevations of the project;

J. Design review application;

K. Landscaping plan;

L. Certification by the building inspector that the building to be moved or removed is structurally sound.

(Prior code § 9-11.103)

Prior to, or at the time of, filing any application for a permit to move or remove a building or structure, a fee in an amount to be determined by the East Palo Alto city council shall be paid to the building inspector by the applicant to defray the reasonable cost of investigations and other services required of the building inspector pursuant to this chapter. The filing fee provided in this chapter shall be in addition to other permit fees which are required to erect, construct, enlarge, alter, repair, improve and convert any structural, electrical, plumbing and heating work required for any building, or to demolish any building or structure pursuant to other applicable laws or ordinances.

(Prior code § 9-11.104)

The building inspector, upon receipt of application for a permit to move or remove a building or structure pursuant to this chapter, shall make all necessary inspections to determine whether such building or structure may be moved safely without demolishing or destroying the same and shall determine whether or not the proposed location of any building or structure sought to be moved or removed to the incorporated territory of the city meets the requirements of the city building code and any other laws or ordinances pertaining thereto. The application may also be examined and reviewed by other departments of the city to check compliance with the various applicable laws and ordinances. Upon the making of his inspection and the completion of this investigation of the application for a permit to move or remove any building or structure, the building inspector shall make and file a written report of his/her findings and recommendations with every such application for a permit to move or remove a building or structure.

(Prior code § 9-11.105)

If the written report of the building inspector shows that the building or structure specified in the application may be moved safely without demolishing or destroying the same and if such report shows that where the building or structure is to be moved or removed to land within the incorporated territory of the city, such building or structure, when so moved or removed, will conform with the requirements of any laws and ordinances applicable thereto, the building inspector shall issue the permit to move or remove said building or structure upon fulfillment of the following conditions by the applicant:

A. The person named in the application as the person who will move the building or structure shall furnish evidence of public liability insurance covering injuries to persons and property by reason of the proposed moving or removing of such building in a reasonable amount to be approved by the building inspector.

B. Where the building is to be moved or removed to land within the incorporated territory of the city, the applicant or some person on his behalf shall file a performance bond in the amount specified in the city's adopted fee schedule and in the form of cash or surety bond, guaranteeing performance within ninety (90) days of all necessary work and improvements and the furnishing of all labor and materials necessary to make such building or structure, when moved or removed to such location, comply with any applicable laws and ordinances including, but not limited to, the various health, building and zoning regulations of the city.

(Prior code § 9-11.106)

If the written report of the building inspector shows that the moving or removing of the building or structure specified in the application cannot be done safely without demolishing or destroying the same, he/she shall deny the application for a permit to move or remove such building or structure unless the applicant can and does select another location within the incorporated territory to which such building or structure may be moved or removed in conformance with any laws and ordinances applicable thereto, or unless the applicant selects another location not subject to the jurisdiction of the city.

(Prior code § 9-11.107)

Before granting any permit under this chapter, the building inspector shall refer any application for such permit to the planning commission for its approval. The planning commission shall review such application and may approve it subject to conditions. Prior to, or at the time of, such referrals, the applicant shall pay a fee as set by resolution of the East Palo Alto city council to the commission.

(Prior code § 9-11.108)