El Cerrito Municipal Code Ch. 16.28 Moving of Structures

A. It is unlawful for any person to move, or cause to be moved, upon a city street, any structure with a floor area greater than one hundred fifty square feet into, out of, through or within the city without first having obtained a housemover's permit from the city engineer.

B. A housemover's permit shall not be issued until such time as a relocation permit is obtained from the building official, unless the structure is being moved from a location outside the city to a location outside the city.

(Ord. 97-7 Div. 1 (part), 1997.)

Application for a housemover's permit shall be made upon a form furnished by the city. The application shall set forth the applicant's name, address and phone number, and shall state or give evidence that:

A. The applicant is a holder of a valid state housemoving license;

B. The applicant is a holder of a valid city business license;

C. The applicant has on file with the city a bond as required by Section 16.28.040;

D. The applicant has on file with the city a certificate of insurance as required by Section 16.28.050;

E. The route over which the building is to be moved is specified;

F. Written approval has been obtained from the city engineer, fire chief, police chief and utility companies of the route over which the building is to be moved.

(Ord. 97-7 Div. 1 (part), 1997.)

A. The applicant for a housemover's permit shall pay the fee established by the city's master fee schedule.

B. In addition, the permittee shall deposit with the city such sum as may be required to cover the expense to the city for use of city personnel, or removal and replacement of and repairs to any property or equipment belonging to the city, occasioned by the moving of such structure.

(Ord. 97-7 Div. 1 (part), 1997.)

A. Before a housemover's permit may be issued under this chapter, the housemover shall have filed with the city clerk a bond approved by the city attorney in favor of the city, in an amount to be determined by the city attorney. The bond shall be executed by a responsible surety company and conditioned that:

1. The principal will strictly comply with all requirements of this chapter;

2. The principal sum will pay for any and all damages to any fence, tree, pavement, street or sidewalk, or any other city property, resulting from the moving of any structure;

3. The principal sum shall be forfeited to the city if the permittee fails to comply with all conditions and regulations of the granting of such permit.

4. The principal sum will indemnify and keep harmless the city against any and all damages, judgments, costs and expense which may accrue as a result of the granting or exercise of any permit under this chapter.

B. The bond shall operate as a continuing bond for the purpose of this chapter for two years from and after the date thereof.

(Ord. 97-7 Div. 1 (part), 1997.)

No housemover's permit to move a building shall be issued until the permittee has filed with the city engineer a policy of public liability and property damage, or approved certificate thereof, with policy limits determined by the city attorney, issued by an insurance company authorized to do business in the state. Such policy shall insure the permittee and shall insure to the benefit of any and all persons suffering loss or damage either to person or property by reason of wrongful or negligent acts in moving the structure. Such policy also contains a clause or special endorsement indemnifying and saving harmless the city against any loss, damage, costs and expenses which may in any wise accrue against the city in consequence of the granting of the permit for moving any structure.

(Ord. 97-7 Div. 1 (part), 1997.)

No structure in process of moving shall be permitted to remain in any one location on any street or way, except by written permission first obtained from the city engineer, fire chief and police chief. No such structure shall be permitted to obstruct traffic for a longer time than is necessary to move the structure.

(Ord. 97-7 Div. 1 (part), 1997.)

A. 1.

During the period from a half hour after sunset to a half hour before sunrise, lights shall be hung at least five feet above ground level along each end and side of any structure while in a street.

2. At all times while any structure is in a street, the housemover shall maintain warning barriers at both ends of the block, and during the period from a half hour after sunset to a half hour before sunrise, lights shall be maintained not more than five feet apart on such barriers, but not less than three lights on each barrier.

B. The housemover shall keep the fire department advised at all times of the location of any structure on any street.

(Ord. 97-7 Div. 1 (part), 1997.)

If the moving of any structure under this chapter may interfere with any public utility structures, the applicant shall notify the public utility involved of the tentative time of such moving, the route of such moving, and the estimated loaded height and width of the structure and moving equipment. The applicant shall bear the cost of any measures required to protect such facilities from damage due to the moving of any structure under this chapter, and shall indemnify such public utility against any and all damages or claims of whatever kind or nature, direct or consequential, caused directly or indirectly by the relocation of any structure under this chapter, or by any measures required to protect such structures. No permit under this chapter shall be issued by the city engineer unless the applicant furnishes satisfactory proof that any requirements of the public utilities have been fulfilled.

(Ord. 97-7 Div. 1 (part), 1997.)

It is unlawful for any person, firm or corporation to move any structures from or onto any lot, piece or parcel of land located within the city until a relocation permit has been obtained as provided in this chapter.

(Ord. 97-7 Div. 1 (part), 1997.)

Every application for a relocation permit shall be made in writing upon a form furnished by the building inspector, and shall set forth such information as may reasonably be required.

(Ord. 97-7 Div. 1 (part), 1997.)

A. No permit shall be issued to relocate any structure within the city, which:

1. Is so constructed or in such condition as to be dangerous;

2. Is infested with pests;

3. Is unsanitary;

4. Is, if it be a dwelling or inhabitation, unfit for human habitation;

5. Is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or depreciate the property within a radius of three hundred feet from the proposed site;

6. Is a structure of a type prohibited at the proposed site by any law or ordinance. If, however, the condition of the structure, in the judgment of the building official,admits of practicable and effective repair, a permit may be issued upon condition as hereinafter in this chapter provided.

B. The building official shall, in granting any relocation permit, be governed by the following conditions:

1. Conformance to the building, housing, electrical, plumbing, heating and energy codes of the city. The building official shall determine what repairs, alterations and remodeling will be required to conform to all the requirements of the aforementioned codes;

2. Conformance to city codes, ordinances and regulations regarding curbs and gutters, sidewalks, retaining walls, drainage, driveways and street trees.

3. The structure when completed and in place will have a finished appearance and will not depreciate other properties in the vicinity.

C. The building official shall require the repair of sidewalks, curbs and gutters, the removal of abandoned driveways and approaches, the filling in of basements, trenches and other excavations, or other work necessary to return the premises to a state that will not be detrimental nor injurious to the public or property.

(Ord. 97-7 Div. 1 (part), 1997.)

A. No relocation permit shall be issued unless the applicant shall first post with the city clerk a bond executed by the owner of the premises where the structure is to be removed, or by the owner of the premises to which the structure is to be moved, as principal, and by a surety company authorized to do business in this state, as surety.

B. The bond shall be joint and several, shall name the city as obligee, and shall be in an amount equal to the cost, plus twenty-five percent, of the work required to be done in order to comply with the relocation permit, as estimated by the building official. In lieu of a surety bond, the applicant may post a bond executed by either of such owners, as principal, and which is secured by a deposit of cash in the amount named above and conditioned as required in the case of a surety bond. Such a bond as so secured is hereinafter called a "cash bond" for the purposes of this chapter.

(Ord. 97-7 Div. 1 (part), 1997.)

Every bond posted pursuant to this chapter shall be conditioned as follows:

A. That all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the building official;

B. That all of the work required to be done pursuant to the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within ninety days after the date of the issuance by the city of the housemover's permit provided for in this chapter. The time limit herein specified, or the time specified in any permit, may be extended once for a period not to exceed ninety days by the building official. No such extension of time shall be valid unless written, and no such extension shall release any surety upon any bond.

(Ord. 97-7 Div. 1 (part), 1997.)

A. Whenever the building official shall find that a default has occurred in the performance of any term or condition of any permit issued pursuant to the provisions of this chapter, written notice thereof shall be given to the principal and to the surety on the bond.

B. Such notice shall be personally served upon the principal if he resides within the city, or served by registered mail if such principal does not reside within the city.

C. After receipt of such notice, the surety or principal must either cure the default within the time specified, or pay to the city the full face amount of the surety or cash bond. In the latter event, the city shall cause the required work to be completed without further notice. The balance, if any, of the funds not utilized by the city shall, upon completion of the work, be returned to:

1. The surety or principal, in the case of a surety bond.

2. The depositor, or his successors or assigns, in the case of a cash bond.

(Ord. 97-7 Div. 1 (part), 1997.)

The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof and shall end upon the completion, to the satisfaction of the city, of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof, signed by the building official, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor, or to his successors or assigns, upon the termination of the bond, except any portion thereof that may have been used or deducted as provided in this chapter.

(Ord. 97-7 Div. 1 (part), 1997.)

A. The city, the surety and the duly authorized representatives of either shall have access to the premises described in the relocation permit for the purposes of inspecting the progress of the work.

B. In the event of any default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, or the city manager, shall have the right to go upon the premises to complete the required work or to remove or demolish the structure.

C. It is unlawful for any person to interfere with or obstruct the access to such premises of any authorized representative or agent of any surety, or the city, engaged in the work of completing, demolishing or removing any structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions thereof.

(Ord. 97-7 Div. 1 (part), 1997.)

Any applicant for a housemover's permit, or for a relocation permit, or any person aggrieved by a decision of the building official, may appeal such decision to the council by filing with the city clerk a written notice of appeal within ten days of the receipt of notice of such decision. The appeal shall state the grounds upon which it is made, and the particular decision from which the appeal is made.

(Ord. 97-7 Div. 1 (part), 1997.)

The filing of the notice of appeal shall be accompanied by the filing fee set forth in the city's master fee schedule.

(Ord. 97-7 Div. 1 (part), 1997.)

Within ten days after the filing of notice of appeal the city clerk shall place the public hearing on the agenda for the next regularly scheduled council meeting. The decision of the council shall be rendered not later than the next regularly scheduled council meeting. In the event a decision is not rendered within the time specified time limit, the notice of appeal is automatically rejected.

(Ord. 97-7 Div. 1 (part), 1997.)

The council shall give notice of the public hearing on the notice of appeal, by at least one publication in a newspaper of general circulation within the city at least ten days prior to the date of such public hearing.

Each notice shall consist of the words "Notice of Proposed Building Relocation," in letters of not less than one inch in height and in addition thereto, a statement in small letters setting forth a general description of the premises involved, the time and place at which the public hearing will be held, and any other information which the council may deem to be necessary.

(Ord. 97-7 Div. 1 (part), 1997.)