Fillmore Municipal Code Ch. 5.05 Housemoving and Relocation of Buildings

Buildings and structures moved into, within, or out of the city shall comply with all provisions of this code applicable to new buildings or structures. As used in this chapter, "building" includes "structures," as defined in Section 6.04.190 of this code, but does not include modular or prefabricated buildings or parts thereof being installed for the first time on property within the city.

(Ord. 658 (part), 1991)

It is unlawful for any person to move or cause to be moved or relocated any building having a total area on all floors of one hundred twenty square feet or more over the streets of the city without first obtaining a moving permit form the community development department and the applicable building permits from the building official.

(Ord. 658 (part), 1991)

To obtain a moving permit, the applicant shall file a site plan review (SPR) application with the community development department for review and approval by the community development director. The application will be presented to the staff review committee (SRC). The SRC shall determine any additional information requirements. The building official and the surety company and the duly authorized agent of either shall have access for inspection to all premises mentioned in the application and permit. Each application shall include, but not be limited to, the following:

(1) Certificate of inspection by the building official finding building reasonably fit to be moved, in that any deficiency in structural stability, or infestation by pests or vectors, or dangerous condition of plumbing, electrical or other systems, may be practicably rectified;

(2) Street address, assessor's parcel number, zone designation and photograph of the property to which the building is to be moved;

(3) The address of the property from which the building is to be moved, the name and the street address of its owner; assessor's parcel number, zone designation and photographs showing a minimum of three sides of the building;

(4) Name and address of the owner of the property to which the building is to be moved, one copy of a current title report, and property owner authorization;

(5) Proposed use of building at new location;

(6) Structural and occupancy type (UBC classification);

(7) Scope of any repairs, alterations or additions to be made to the building, including an estimate of the cost of the proposed work;

(8) Site plan of the new location indicating dimensions and location of existing and any proposed buildings and setbacks, and showing size of roof overhangs (eaves) and distance to structures on abutting properties;

(9) A statement by the applicant that legal lot boundaries and building foundation perimeters have been fully and accurately marked with wooden stakes on the site the building is to be moved to, so that the building official can inspect and measure the site;

(10) A route map approved by all affected utilities delineating all the streets over which the building will be moved, showing direction of travel;

(11) Proposed date and time of relocation;

(12) The applicant's agreement to perform the necessary work on the subject building to comply with and conform to all applicable building and land-use and planning laws of the state and city;

(13) The applicant's agreement to perform the necessary work on the original building site to return it to a safe condition by a certain date;

(14) Environmental questionnaire completed by applicant;

(15) Proof that the moving company has third-party liability insurance naming the city as an insured party and workers' compensation insurance, all satisfactory in force and coverage to the city attorney;

(16) Payment in advance of all fees and deposits for site plan review, plancheck, and a moving permit fee, all as fixed from time to time by resolution of the council. Development impact fees shall be payable at the same time as building permit fees, if the building is moved in from outside the city limits, if new connections to water or sewer mains are required, or if the unit is moved to a new storm drain district.

(Ord. 658 (part), 1991)

All moving permits shall be reviewed by the community development director after consultation with the SRC to assure compliance with all applicable law.

(Ord. 658 (part), 1991)

The community development director may approve, approve subject to conditions, or deny an application for a moving permit. If the director makes any of the following findings, the issuance of a relocation permit shall be denied:

(1) The building is so constructed or is in such a condition as to be considered dangerous and present a hazard, despite proposed improvements;

(2) The building is in such a condition that practicable and effective repair is not warranted;

(3) The building is incompatible with its proposed surroundings because of age, size, height, design type, construction type, or the proposed site design, to such degree that its relocation would be materially detrimental to the property or improvements in the neighborhood.

(Ord. 658 (part), 1991)

Upon receipt of the permit, the applicant shall furnish the director with an affidavit declaring that the applicant has mailed a courtesy notice to the owners, as shown on the last equalized tax roll, of property within three hundred feet of the exterior boundaries of the new location that a building is about to be moved to the location. The notice shall include a description of the building, the address of its location before the move, the name and business address of the moving contractor, the address and assessor's parcel number of the new location, the name of the owner of that property, and the approximate date of the intended move. A durable copy of the same notice shall be posted at least seven days in advance of the move on the front of the building to be moved and at a conspicuous place on the new location, approximately fifteen feet back from each property line thereof abutting a street or alley.

(Ord. 658 (part), 1991)

The applicants shall cause to be posted the route approved for the move, in English and Spanish, at least forty-eight hours in advance of the move. The notice shall include the name of the applicant, the name and business telephone of the moving contractor, the name address and all-hours telephone numbers of a contact person for the contractor, a map of the approved route, the date and precise time for the move, and a warning that all vehicles and other obstructions shall be removed from street rights-of-way along the route during the move and, if not so removed, will be towed away at the expense of the registered owner as shown on the records of the Department of Motor Vehicles. The notice shall be posted at least every two hundred feet along both sides of the approved route.

(Ord. 658 (part), 1991)

The applicant may appeal to the city council the decision of the community development director by filing, with payment of an appeal fee as fixed by council resolution, a statement of grounds for appeal with the city clerk within fifteen days after the applicant receives the decision of the community development director. The city clerk shall set a time and place for hearing the appeal, and notice thereof shall be mailed to the applicant and the owners of the property from which and to which the building is to be moved. The decision and order of the city council on such appeal shall be final and conclusive.

(Ord. 658 (part), 1991)

All work performed under the moving permit shall be done in a careful and diligent manner, under the observation of the building official.

(Ord. 658 (part), 1991)

No permittee shall allow or cause injury to any sidewalk, curb, light post, fire hydrant, trees, or other public or private property in any activity pursuant to the moving permit. If any such injury is done, the applicant shall pay to the city, on demand, the reasonable cost of repair, plus fifteen percent thereof as administrative overhead, together with interest on any unpaid portion thereof from the date of the move until paid in full.

(Ord. 658 (part), 1991)

No permittee shall allow any building or any equipment used in the move to remain on any street or public property for longer than twenty-four hours, unless such time is extended by the building official.

(Ord. 658 (part), 1991)

No moving permit shall be issued until the applicant has filed with the building official good and sufficient bonds, each in an amount not less than one hundred percent of the cost, as fixed by the building official, of removing the building from its old location, transporting it to the new location, and emplacing it at the new location in accordance with the requirements of this chapter and all conditions of the permit. One such bond shall guarantee payment for all labor and materials employed in the work, and the other shall guarantee the faithful performance of the terms and conditions of the permit. Such bonds shall be in form prescribed by the city attorney. Should the sureties on such bonds, or any of them, become insufficient, the applicant-permittee shall renew such bond or bonds with good and sufficient sureties, upon demand, and the building official may order all work under the permit to be suspended until renewal bonds satisfactory to the city attorney are filed by the applicant-permittee with the building official. The building official may waive the requirement of bonds or other security when the applicant is a governmental agency. The requirement of bonds may be satisfied by a deposit, either with the city or with a responsible escrow agent or trust company, of money or negotiable bonds of the kind approved for securing deposits of public moneys, or by an instrument of credit form one or more financial institutions subject to regulation by the state or federal government and pledging that funds in amounts equal to the indemnity of the bonds or otherwise to be required are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution. Any such alternative to furnishing surety bonds shall be subject to the approval of the city attorney. No such security, whether furnished by bond or otherwise, shall be exonerated until all the work specified in the permit shall have been completed to the satisfaction of the building official and a certificate of occupancy issued. If the applicant-permittee shall have failed to complete the work in accordance with the terms and take all reasonable measures to complete the work.

(Ord. 658 (part), 1991)

The moving permit shall expire if the move is not accomplished on the date or dates specified in the permit. All other permits required under the provisions of Section 5.05.020 shall expire one hundred eighty days after their issuance unless some shorter period is prescribed in the permit or by this code.

(Ord. 658 (part), 1991)