Exeter Municipal Code Ch. 15.44 Relocation of Buildings

Whenever any of the following terms are used in this chapter, such terms shall have the following meanings:

A. "Building official" means the city building official and any assistant or employee in his office designated as his representative.

B. "Board of appeals" means the board of appeals created pursuant to the provisions of the Uniform Building Code.

C. "Instrument of credit" means an instrument from a financial institution which is subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.

D. "Negotiable bonds" means negotiable bonds of the kind approved for securing deposits of public money.

(Ord. 417 §1 (part), 1979)

No building or structure may be relocated on or moved onto any real property in the city until a valid relocation permit has been secured from the building official.

(Ord. 417 §1 (part), 1979)

Except as otherwise provided in Section 15.44.040, the building official shall not issue a relocation permit for any building or structure which is within one or more of the following categories:

A. Is so constructed or is in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects in electrical wiring or any other substantial hazard to the persons who will occupy or enter the building after relocation;

B. Is infested with rats or other vermin or the wood members of the building are infested with rot, decay or termites;

C. Is so unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy the building after relocation or, if not intended for occupancy by human beings, would make it unsuitable for its intended use;

D. Is so dilapidated, unsightly or in such a condition of deterioration or disrepair that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements within a radius of one thousand feet from the proposed relocation site;

E. If the proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of the city;

F. If the structure does not conform to all applicable provisions of Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code of the state of California, and the rules and regulations promulgated thereunder, or does not conform to all applicable provisions of Chapters 15.04, 15.08, 15.12, 15.16, 15.20 or 15.24 of this code or any other law or ordinance;

G. If the relocation will be materially detrimental or injurious to public health, safety or welfare or to the surrounding property and improvements within a radius of five hundred feet from the proposed site.

(Ord. 417 §1 (part), 1979; Ord. 426 §1, 1980)

If the building or structure to be moved fails to meet any of the standards set forth in Section 15.44.030, but it appears possible and practical for such defect to be corrected, the building official shall issue the relocation permit upon conditions as provided in this chapter. If the building or structure to be moved fails to meet any of the standards set forth in Section 15.44.030, and it does not appear possible or practical for such defects to be corrected, the building official shall deny the relocation permit.

(Ord. 417 §1 (part), 1979)

Every application for a relocation permit shall be in writing and shall include or be accompanied by the following information:

A. The existing location of the building;

B. The proposed location and intended use or occupancy of the building;

C. A plot plan, and building plan, if required by the building official, of the building as it is proposed to be located upon the new site;

D. A plan and/or a statement of the remodeling, repairs and reconstruction proposed for the building;

E. A statement of a licensed structural pest control contractor stating the condition of the property as to decay and pest infestation;

F. A photograph of the building, if required by the building official; and

G. Such other information as the building official may require.

(Ord. 426 §2, 1980)

In order to determine any of the matters presented by the application, the building official may cause any investigation to be made which he believes necessary or helpful, and he may refer the matter to the board of appeals for further investigation. If the board of appeals deems it necessary or expedient to do so, it may set any such application for hearing before a member of the board of appeals or representative thereof, and cause such notice of the time, place and purpose of such hearing to be given as the board of appeals may deem appropriate. Thereafter the findings of the hearing shall be reported to the board of appeals for its consideration along with any other information before it.

(Ord. 417 §1 (part), 1979)

When a relocation permit application is filed and the permit fees paid to the building official, a public notice shall be given of the proposed building relocation. The building official shall post the notices within two working days of the receipt of the completed application. The public notice shall be in the form of a relocation notice card printed in plain type with letters of not less than one inch in height followed by a statement in six or eight point type setting forth the fact that a relocation permit has been applied for a building to be moved to the subject property, stating the present location of the building to be moved thereto and indicating the closing date by which protests must be filed with the building official in writing by adjacent property owners, if they desire to protest the relocation and have the city council hold a hearing thereon. The relocation notice cards shall be posted on the front of the building to be moved and in a conspicuous place on the lot to which the building is to be moved, approximately on the front property line facing the street. If a corner lot is involved, a second relocation notice card shall be posted in a similar position facing the secondary street. In addition, a copy of the relocation notice card shall be sent to the owners of property located within a five hundred foot radius of the subject property. The time of posting shall be seven continuous days, within which period protests may be filed pursuant to Section 15.44.065 of this code.

Any person who without authorization, removes or defaces a posted relocation notice card shall be deemed guilty of an infraction, punishable pursuant to Section 1.12.030 of this code.

(Ord. 426 §3, 1980)

The building official, in granting a relocation permit, may impose thereon such terms and conditions as he may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure, so that the relocation of the building or structure will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which it is to be moved. The terms and conditions upon which each permit is granted shall be written upon the application or appended thereto in writing.

(Ord. 417 §1 (part), 1979)

At any time during the posting period, a written protest against the moving of the building or structure may be made to the city council by filing a written protest with the city clerk, signed by three or more owners of record of real property located within a five hundred foot radius of the subject property. The city clerk shall present such protest to the city council at its first regular meeting following the expiration of the posting period. The council will then set a date for a public hearing and a notice of such hearing shall be given to the applicant and the protesting parties. At the appointed time and place the council shall conduct a hearing admitting into the record such evidence as it deems relevant and necessary. At the conclusion of the hearing the council shall approve or deny the application for a relocation permit, and if approved shall impose and establish such reasonable conditions as it deems necessary and appropriate. The building official shall thereafter issue or deny a relocation permit in accordance with the conditions set forth by the council.

(Ord. 426 §4, 1980)

If an applicant for a relocation permit believes that the denial of the permit or the conditions imposed by the building official pursuant to Section 15.44.060 of this code are not in accord with the intent of this chapter, he may appeal the building official's decision to the city council who will consider the matter at a public hearing. Notice of the hearing and the conduct of the hearing shall be in accord with the provisions of Section 15.44.065 of this code.

(Ord. 426 §5, 1980)

The building official shall not issue a relocation permit subject to terms and conditions until the applicant posts or deposits security with the building official. The security shall be in the form of a surety bond, a cash deposit, an instrument of credit or negotiable bonds. If a surety bond is furnished it shall be executed by the applicant, as principal, and by a surety company authorized to do business in this state, as surety. Such surety bond shall be joint and several in form and shall name the city as obligee. The security furnished by the applicant, regardless of the form of the security, shall be in an amount equal to the estimated cost, plus ten percent, of the work required to be done in order to comply with all of the terms and conditions of the permit, such estimate to be made by the building official.

(Ord. 417 §1 (part), 1979)

No security need be posted or deposited if the building official finds that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a housemover.

(Ord. 417 §1 (part), 1979)

All security posted or deposited pursuant to this chapter shall secure the performance of the following duties by the permittee:

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 the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit. If no time limit is specified in the permit, the work shall be completed within ninety days after the date of the issuance of the permit. The time limit specified in this section and the time limit specified in any permit issued may be extended for good and sufficient cause, prior to the expiration of the period, by a written order of the building official;

C. That the work required to be done pursuant to the conditions of the relocation permit shall be commenced within the time limit specified in this chapter and the relocation permit, and that the work shall be actively pursued to its completion.

(Ord. 426 §6, 1980)

The work required to be performed pursuant to the relocation permit must be commenced within sixty days from the date of the issuance of the permit. Once the work has been commenced, as authorized by the relocation permit, it must be reasonably and diligently pursued to completion. If work is not commenced pursuant to the relocation permit within sixty days of the issuance of the permit, and/or if the work is suspended or abandoned at any time after commencement for a period of forty-five consecutive days, the relocation permit shall become null and void. In order to perform any work related to the relocation of the building on the property the applicant must obtain a new permit pursuant to the rules and procedures of this chapter and pay a fee in an amount equal to two-thirds of the amount required for a new permit for such work, provided no changes have been made in the original plans and specifications for the work. If any changes are made from the original plans and specifications as previously approved, then the applicant must submit a new application for a relocation permit pursuant to this chapter.

(Ord. 426 §7, 1980)

Whenever the building official determines that a default has occurred in the performance of any term or condition of a relocation permit, he shall give written notice of such default to the permittee, and to the surety of a surety bond has been posted, and to the financial institution issuing the instrument of credit, if an instrument of credit has been posted. The notice of default shall state the work to be done, the estimated cost thereof and the period of time determined by the building official to be reasonably necessary for the completion of such work. If a surety bond has been posted, the surety shall cause the required work to be performed within the time specified in the notice and, if the work is not performed, the building official shall cause the required work to be done by contract or otherwise, in his discretion, and the city attorney shall commence the necessary legal proceedings to recover the cost of performing the work plus ten percent. If the security is in the form of a cash deposit, an instrument of credit or negotiable bonds, and the permittee does not perform the required work within the time specified in the notice of default, the building official shall use the funds available from such security and cause the required work to be done by contract or otherwise, in his discretion. Upon completion of the work, the balance, if any, of such cash deposit or moneys made available pursuant to an instrument of credit or negotiable bonds, after deducting therefrom the cost of performing the work, plus ten percent, shall be returned to the permittee or his successors or assigns.

(Ord. 417 §1 (part), 1979)

In lieu of performing the work required in a relocation permit, a permittee may demolish the building which is subject to the permit and clean up the site to the satisfaction of the building official and, if there has been a default by the permittee, the surety shall have the same option.

(Ord. 417 §1 (part), 1979)

Any surety bond or instrument of credit posted as security pursuant to this chapter shall remain in effect until the building official gives written notice to the interested parties that all of the terms and conditions of the relocation permit have been complied with. If security in the form of cash or negotiable bonds has been deposited, the building official shall return such security to the depositor or to his successors or assigns when all of the terms and conditions of the relocation permit have been complied with, except any portion of the security that has been used or deducted pursuant to the provisions of this chapter.

(Ord. 417 §1 (part), 1979)

The building official, the surety and the duly authorized representatives of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work. 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 in behalf of the surety, or the building official or any person employed or engaged on his behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure. It is unlawful for any person to interfere with or obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety of the city who is engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions of such permit.

(Ord. 417 §1 (part), 1979)

The applicant for a relocation permit shall pay to the building official a fee established from time to time by resolution of the city council for the inspection of each building located within the city that is to be relocated. If the building or buildings to be relocated are situated outside of the city at the time of the inspection, the applicant shall pay to the building official a fee for the inspection of one building, and an additional fee for each additional building owned by the applicant which is inspected on the same day that the first building is inspected.

(Ord. 417 §1 (part), 1979)

Any person violating, or causing or permitting to be violated, any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this chapter is committed, continued or permitted.

(Ord. 417 §1 (part), 1979)

It shall be unlawful for any person, firm or corporation, to move any building, structure or portion of any building or structure on any street in the city without first filing for and obtaining a building/structure moving permit for each building or structure to be moved. Said application is to be made to and the permit is to be issued by the chief of police. The permit shall be in writing signed by the chief and shall be granted subject to such reasonable regulations and conditions as to the time and manner of moving the building or structure as the chief shall prescribe.

(Ord. 426 §8, 1980)

The chief of police of the city shall determine when the public interest, in terms of traffic hazard abatement, requires a police escort for the structure to be moved. Should such an escort be required, the city shall charge a fee in the amount of eight dollars per hour for the services.

(Ord. 426 §9, 1980)

Each application for a building/structure moving permit shall be accompanied by a faithful performance bond, in an amount specified by the city administrator/finance director not to exceed the sum of one thousand five hundred dollars. The bond shall guarantee completion of the moving work within the time specified in the permit and shall further guarantee the repair or payment of costs of repair for all damage done in the course of moving the building or structure to curbs, gutters, sidewalks, driveways, pavements, signs, trees, poles, signals and other facilities belonging to the city. A faithful performance bond shall not be required for the moving of residential garages. If a faithful performance bond is also required pursuant to this chapter as a condition of a relocation permit, then the bond may be combined with the moving permit faithful performance bond. A continuing building/structure moving permit faithful performance bond in the minimum amount of one thousand five hundred dollars may be maintained on file with the city clerk's office by persons engaged in the business of house moving.

(Ord. 426 §10, 1980)