Fresno Municipal Code Art. 2 Building Moving and Demolition

No person shall move or cause to be moved any building or structure into, upon, across, along, or over the public streets, alleys or highways in the city, or otherwise obstruct the free passage and use of said streets, alleys or highways without complying with the provisions of this article. (Orig. Ord. 4111).

Any person desiring to move or cause to be moved any building or structure into, upon, across, along or over said streets, alleys or highways shall file an application therefor in writing with the Public Works Department setting forth and specifically describing the size; loaded height, width and length when supported or loaded on dollies, rollers or other transportation facilities; type of construction and location of the building or structure to be moved; and the time when said building or structure is to be moved. The application shall be clearly filled out in full with all required information and be accompanied by a permit fee in the amount designated in the Master Fee Resolution. If a permit is not issued, or an issued permit is not exercised, any fee paid pursuant to this section shall not be refunded. (Orig. Ord. 4111; Am. Ord. 5309, 1958; Am. Ord. 70-68, 1970; Am. Ord. 80-115, § 139, eff. 8-8-80).

Upon the filing of any such application it shall be the duty of the head of the public works department to determine if the building or structure can be moved along the route proposed with safety and without serious inconvenience to the public and in conformity with the provisions of this article and the laws of the State of California applicable thereto. Moving over arterials or streets of a business or other congested district is convenient only during early morning hours prior to 6:00 a.m. In the event it shall appear that said building or structure can be moved along the route proposed with safety and without serious inconvenience to the public and in conformity with the provisions of this article and the laws of the State of California applicable thereto, it shall be the duty of said head of the public works department to notify the person desiring to move said building or structure that a permit therefor will be issued upon compliance by said person with the provisions of Sections 11-204 and 11-205. In the event it shall appear that the moving along the route proposed of said building or structure cannot be accomplished with safety or without serious inconvenience to the public and in conformity with the provisions of this article and the laws of the State of California applicable thereto, then and in that event it shall be the duty of the head of the public works department to notify said person of his decision and the reasons therefor. (Orig. Ord. 4111; Am. Ord. 5309, 1972).

(a) No permit shall be granted by the head of the public works department for the moving of any building or structure until the applicant has filed a bond executed to the city in the sum designated in the Master Fee Resolution. Said bond shall be for the benefit of the owners of any and all property, either public or private, which is lawfully maintained on any street, alley or highway within the city, and shall be signed by two good and sufficient sureties who shall justify for the amount of the bond over and above all their just debts and liabilities and over and above all property owned by such sureties which is exempt from execution; or in lieu thereof, said bond may be executed by a surety company authorized to transact business in the State of California. Said bond shall be filed with the head of the public works department for his approval.

(b) The condition of said bond shall be that if the moving of any building or structure into, upon, across, along or over any street, alley or highway shall fully comply with the provisions of this article and that if the principal on said bond shall pay any and all damages to said streets, alleys or highways and to any and all property, either public or private lawfully thereon which may result by reason of the moving of any building or structure in the city by said principal, or by the employees, agents, contractors or servants of said principal, then said obligation shall be void, but in the event said principal shall fail to faithfully comply with any provision of this article or shall refuse to comply with said provision after notice from the head of the public works department or his authorized representative, then the head of the public works department may cause the streets, alleys or highways into, upon, across, along or over which said building or structure was moved to be cleaned of all debris and all damage to said streets, alleys, highways and public or private property, including fireplugs, hydrants, sewers, manholes, culverts and the like, and the wires, apparatus and appurtenances of any police, fire alarm and public utility system and any other wires, apparatus, appurtenances and public or private property lawfully thereon to be repaired or replaced and the actual cost and expense of such work shall be collectible from said principal and surety or sureties on said bond.

(c) All bonds as required in this section must be renewed on the first day of July of each year.

(d) The filing of the bond herein provided for by any person desiring to move any building or structure into, upon, across, along or over the public streets, alleys, or highways in the city and the approval of said bond by the said head of the public works department shall not relieve such person from responsibility for damages in excess of the amount of such bond to said streets, alleys or highways and to any and all property, either public or private, lawfully thereon. (Orig. Ord. 4111; Am. Ord. 5309, 1958; Am. Ord. 80-132, § 14, eff. 10-3-80).

(a) The head of the public works department may require, as a condition of issuing a permit, the written approval from the Pacific Telephone and Telegraph Company, the Pacific Gas and Electric Company's Engineering Department, the City Parks and Recreation Department, the Fresno Police Department, the City Traffic Engineer, the City Electrician Foreman (Fire Alarm System) and the City Electrician Foreman (Street Lighting and Traffic Signals). Should either or both of the city electrician foremen be unavailable, then approval shall be obtained from the City Electrical Engineer or his authorized representative.

(b) When a building is to be moved from a site within the city limits, there must be on file with the Department of Public Works a permit authorizing a licensed plumber to cap the existing sewer at that site. The applicant for a permit to move such building shall also have made application to the City Water Division for water shut-off, and to the Pacific Gas and Electric Company for gas shut-off and for removal of service wires and meter at said site.

(c) When a building is to be moved into the city limits to a site within the city, the applicant for a permit to move such building shall have obtained the approval of a building inspector of the Department of Public Works and the approval of the Planning Department of the city.

(d) The head of the public works department may require, as a condition of issuing a permit, a cash security deposit, in a sum which, in the opinion of the head of the public works department, will be sufficient to pay for the cost of displacement, cutting, or removal of property of the city, and the repair or replacement thereof, including wages of persons employed therefor. Such deposit shall not relieve the applicant from responsibility for such costs in excess of the amount of the security deposit.

(e) Should the applicant have failed to pay, in full, for the cost of displacement, cutting, or removal of property of the city, and the repair or replacement thereof, including wages of persons employed therefor, as provided in Section 11-206, as a result of any such prior permit issued, then the head of the public works department may refuse to issue the permit until such time as it is established that said costs are paid in full. (Orig. Ord. 4338, Am. Ord. 5344, 1958; Am. Ord. 68-15, 1968).

(a) No holder of any permit authorizing the moving of any building or structure or no employee, agent, contractor or servant of any holder of such permit shall displace, cut, remove or otherwise injure or disturb any part of any property, either public or private, which is maintained on any street, alley or highway within the city, or move said building or structure over any route other than that specified in the permit.

(b) Whenever the moving of a building or structure requires the temporary displacement, cutting or removal of any such property, it shall be the duty of the person owning, operating or controlling such property to displace, cut or remove the same, so far as may be necessary to effect the removal of said building to the point to which the removal thereof shall be authorized.

(c) At least seventy-two hours in advance of reaching such property the holder of the permit under which the proposed moving is to be done shall notify the person owning, operating or controlling such property to displace, cut or remove the same to permit the moving of said building or structure and shall at the same time exhibit to such person the properly issued permit authorizing the moving of such building or structure and it shall thereupon be the duty of said person promptly to displace, cut or remove said property sufficiently to allow the passage of said building or structure along the street, alley or highway, provided that the holder of said permit shall have first made arrangements satisfactory to the person owning, operating or controlling said property to guarantee payment of the cost of such displacement, cutting or removal of said property, and the replacement thereof, including the wages of persons employed therefor.

(d) In every case in which the wires, trees, or other property of the city are involved the seventy-two hour advance notice hereinbefore required shall be served upon the head of the public works department. (Orig. Ord. 4111, Am. Ord. 5309, 1958).

(a) No building or other structure shall be moved across any railway tracks, except between the hours of 2:00 A.M. and 5:00 A.M. unless the written consent of the person controlling such tracks is first obtained.

(b) No building or other structure shall be moved into or across any state highway unless the written consent of the local District Engineer of the State Highway Department is first obtained. (Orig. Ord. 4111).

Notice of intention to begin the moving of a building or structure shall be given by the holder of a permit to the Chief Engineer of the Fresno Fire Department immediately prior to the beginning of such movement. (Orig. Ord. 4338).

Nothing contained in this article shall be construed as rendering the City of Fresno, head of the public works department, or any officer or employee of the city, personally liable for any damage arising out of a violation of this article. (Orig. Ord. 4111; Am. Ord. 5309, 1958).

No person shall move any building or structure into, upon, across, along, or over any street between 6:30 A.M. and 9:30 A.M. and between 4:00 P.M. and 6:30 P.M. of any day; or on arterial highways or in the central business district between 6:30 A.M. and 1:30 A.M. of the following day. (Added Ord. 5658, 1959).

Buildings or structures shall be moved only along such routes as will least interfere with or endanger other users of the streets. (Added Ord. 5658, 1959).

Buildings or structures moved into or within the city shall comply with all of the provisions of the Fresno Building Code. No such building or structure shall be moved until the required permits so to do shall have been obtained.

(Added Ord. 5658, 1959).

No permit for the moving of any buildings or structure shall be issued until the Director of Planning and Inspection has first issued to the owners of the premises onto which the building is to be moved a permit to relocate the particular building upon those premises; provided that no such relocation permit shall be required for the following buildings or structures:

(1) Those used as temporary construction sheds, temporary real estate sales offices and other permitted temporary minor structures;

(2) Those being moved outside the City of Fresno;

(3) Those accessory structures less than six hundred square feet in area being relocated on the same lot;

(4) Other small and unimportant structures when approved by the Director of Planning and Inspection.

(Added Ord. 5658, 1959).

Every application for a relocation permit shall be in writing upon a form furnished by the Director of Planning and Inspection and shall set forth such information as may reasonably be required in order to carry out the purposes of this Section. Such information may include:

(1) That information required by Section 301(d) of the Fresno Building Code;

(2) Photographs of the building or structure to be moved and photographs of the buildings on the properties contiguous with the premises onto which the building or structure is to be moved;

(3) A report from a licensed structural pest control contractor stating the condition of the building or structure as to decay and pest infestation.

(Added Ord. 5658, 1959).

(a) Before any application for a relocation permit is accepted, an application fee shall be paid by the applicant to the Director of Planning and Inspection to cover the cost of investigation and inspection, as designated in the Master Fee Resolution. This application fee shall be in addition to all other fees required by the Fresno Municipal Code.

(b) Upon acceptance of any application for a relocation permit, the Director of Planning and Inspection shall cause to be inspected the building or structure proposed to be moved, the district into which the building is to be moved, and the premises onto which the building is to be moved.

(Added Ord. 5658, 1959; Am. Ord. 6622, 1965; Am. Ord. 79-197, § 6, eff. 1-18-80; Am. Ord. 80-115, § 140, eff. 8-8-80).

(a) The Director of Planning and Inspection shall cause to be posted on the premises onto which the building is to be moved a notice stating that such application for relocation permit has been received and that a decision is to be made on such application by the Director of Planning and Inspection within five days of the posting of such notice. Such notice shall describe the then present location of the building to be moved.

(b) When the Director of Planning and Inspection shall have rendered his decision on said application, he shall cause the premises on to which the building is to be moved to be posted with a notice setting forth the results of his decision. If the building to be relocated is a dwelling, apartment house, or a building accessory thereto, the notice shall state that any interested party aggrieved by such decision may file an appeal from such decision to the Housing Advisory Finance and Appeals Board, within ten days of posting of said notice, provided the appeal is in writing as provided in this section. If the building to be relocated is other than a dwelling, apartment house, or a building accessory thereto, the notice shall state that any interested person aggrieved by such decision may file an appeal from such decision to the Board of Appeals of the city within ten days of posting of the notice, provided the appeal is in writing as provided in this section.

(c) The appeal shall be a written dated appeal, in duplicate, containing:

(1) A heading in the words: "Before the Housing Advisory Finance and Appeals Board of the City of Fresno," when the building to be moved is a dwelling, apartment house, or a building accessory thereto; otherwise the heading shall be in the words: "Before the Board of Appeals of the City of Fresno";

(2) A caption reading: "Appeal of ___________," giving the names of all appellants participating in the appeal;

(3) A brief statement setting forth the legal interest of each of the appellants in the building involved, if any;

(4) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellants;

(5) A statement of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or set aside;

(6) The signatures of all parties named as appellants and their official mailing addresses;

(7) The verification of at least one appellant as to the truth of the matter stated in the appeal.

(d) When the appeal is before the Housing Advisory Finance and Appeals Board, the appeal shall be heard in the manner prescribed in Article 3, Chapter 11 of this Code. When the appeal is before the Board of Appeals, the appeal shall be heard in the manner prescribed in Article 4, Chapter 11 of this Code. (Added Ord. 6622, 1965; Am. Ord. 71-39, 1971).

(a) No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous; or which is unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which 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 be materially detrimental to the property or improvements in the district into which the building is to be relocated; or if the proposed use is prohibited by any provision of the Municipal Code or by any other law or ordinance; provided, however, that if the conditions of the building or structure in the judgment of the Director of Planning and Inspection admits of practicable and effective repair, the permit may be issued on such terms and conditions as the Director of Planning and Inspection 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, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district into which it is to be moved.

(b) The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto. Said terms and conditions and the relocation bond shall provide for the removal of all concrete, lumber, and other debris and the filling of basements, cellars, or other excavations remaining from the removal of the building or structure from the premises from which it is moved when such premises are within the city. (Added Ord. 56-58, 1959).

It shall be the duty of any person to whom any permit is issued for the demolition or for the removal of any building, or any section or portion of any building pursuant to the provisions of this article, and of any person leasing, owning, or occupying or controlling any lot or parcel of ground from which a building is removed or demolished to remove all weeds, concrete or stone foundations, flat concrete, concrete patios, masonry walls, garage floors, driveways, and similar structures and all loose, miscellaneous, and useless material from such lot or parcel of ground, and to properly cap the sanitary sewer house connection, and to properly fill or otherwise protect all basements, cellars, septic tanks, wells, and other excavations, and said lot or parcel shall be left level and in a condition to be disked for control of weeds. (Added Ord. 56-58, 1959; Am. Ord. 6682, 1965; Am. Ord. 73-151, § 1, eff. 11-11-73).

If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the relocation permit shall be denied. (Added Ord. 5658, 1969).

No relocation permit required by this section shall be issued by the Director of Planning and Inspection unless the applicant therefor shall first post with him a bond executed by the owner of the premises where the building or structure is to be located, as principal, and a surety company authorized to do business in the state, as surety. The bond shall be in form joint and several, shall name the city as obligee and shall be in an amount equal to the cost plus ten per cent of the work required to be done in order to comply with all of the conditions of such relocation permit as such cost is estimated by the Director of Planning and Inspection. In lieu of a surety bond the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called a "cash bond" for the purposes of this section. No bond, however, need be posted in any case where the Director of Planning and Inspection shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover. (Added Ord. 5658, 1959).

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

(1) That each and all of the terms and conditions of the Relocation Permit shall be complied with to the satisfaction of the Director of Planning and Inspection;

(2) That all of 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; or, if no time limit is specified, within ninety days after the date said building is moved to its new location. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient cause by the Director of Planning and Inspection. No such extension of time shall be valid unless written and no such extension shall release any surety upon any bond. (Added Ord. 5658, 1959).

(a) Whenever the Director of Planning and Inspection shall find that a default has occurred in the performance of any term or condition of any permit required by this Section, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Director of Planning and Inspection to be reasonably necessary for the completion of such work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the Director of Planning and Inspection the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten per cent of the estimated cost. Upon the receipt of such moneys, the Director of Planning and Inspection shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor. The balance, if any, of such moneys shall, upon completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost incurred in obtaining the completion of the work.

(b) If a cash bond has been posted, notice of default as provided above shall be given to the principal and if compliance is not had within the time specified, the Director of Planning and Inspection shall proceed without delay and without further notice or proceedings whatever to use the cash deposited, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the Director of Planning and Inspection.

(c) When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option in lieu of completing the work required to demolish the building or structure and to clear, clean and restore the site. If the surety defaults, the Director of Planning and Inspection shall have the same option.

(d) 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 Director of Planning and Inspection or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or to remove or to demolish the building or structure.

(e) No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety or of the city engaged in the work of completing, demolishing or removing a building or structure for which a relocation permit has been issued after a default has occurred in the performance of the terms or conditions thereof. (Added Ord. 5658, 1959).

The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the Director of Planning and Inspection of the performance of all the terms and conditions of the relocation permit required by this section. Such completion shall be evidenced by a statement thereof signed by the Director of Planning and Inspection, 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 elsewhere in this article provided. (Added Ord. 5658, 1959; Am. Ord. 72-136, eff. 10-8-72).