Fullerton Municipal Code Ch. 14.24 House Moving

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

BUILDING. A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial; institutional, assembly, educational or recreational purposes. A structure of the following dimensions shall not fall within this dimension: A structure four feet wide by six feet long or 24 square feet when not over 18 feet in height load on a truck, trailer, dollies or rollers.

BUILDING INSPECTOR. The Building Inspector of the City of Fullerton.

CITY. The City of Fullerton.

PERSON. Any person, firm, partnership, associ- ation, corporation, company or organization of any kind.

(Ord. 1309, passed - -1963)

For the purpose of this chapter, buildings to be moved are classified as follows.

(A) Class A. Any building moved on a motor truck or on any vehicle propelled by its own power.

(B) Class B. Any building which when loaded on dollies, rollers or trailer does not exceed 22 feet in height or 30 feet in width.

(C) Class C. Except as hereinafter provided, any building not otherwise classified which when loaded on dollies, rollers or trailer does not exceed 28 feet in height or 40 feet in width.

(D) Class D. Any building which when loaded on dollies, rollers or trailer exceeds 28 feet in height or 40 feet in width.

(E) Class E. Any building, the walls of which are of masonry or concrete construction and which when loaded on dollies or rollers exceeds 22 feet in height or 30 feet in width.

(Ord. 1309, passed - -1963)

(A) Complying with chapter. It shall be unlawful to move any buildings herein referred to upon or along any highway, street or alley in the city without complying with the provisions of this chapter.

(B) Permit compliance.

(1) It shall be unlawful for any person, firm or corporation to move any building or structure, or portion of any building or structure in, into, through or from the city without first filing a written application and without first securing a permit in writing from the Building Inspector so to do, in the manner provided by this chapter.

(2) Said permit shall contain the written approval of the City Engineer, the Director of Planning, the Director of Public Works, the Chief of Police and City License Collector, or their authorized designees, that provisions for compliance have been made for any conditions or terms required within their respective jurisdiction and affecting the building or structure, or city utilities, or use of the public right-of-way, land use or payment of business license and other departmental fees, or that such requirements have been complied with.

(Ord. 1309, passed - -1963)

A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector.

(A) Form. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector.

(B) Contents. The application shall set forth:

(1) A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior;

(2) A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city;

(3) A legal description of the lot to which it is proposed such building be removed, giving lot, block and tract number, if located in the city;

(4) The portion of the lot to be occupied by the building when moved;

(5) The highways, streets and alleys over, along or across which the building is proposed to be moved;

(6) The present land use zone upon the property;

(7) A list of all other buildings upon the property upon which the building is to be moved, stating the character of the building, the size and the uses to which such buildings are put at the time of the application;

(8) The estimated total weight of the building and moving equipment when resting on the street;

(9) The dates and hours during which the moving of the building will be conducted;

(10) An approval by the City Engineer and Superintendent of Streets of the city of the route designated therein;

(11) The name and the address of the person authorized to accept notice of any hearings to, or required by this title and chapter; and

(12) Any additional information which the Building Inspector shall find necessary to a fair determination of whether a permit shall be issued.

(C) Accompanying papers.

(1) Tax certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all taxes and any city charges against the same are paid in full.

(2) Certificate of ownership or entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that he or she is entitled to move the building.

(D) Fee.

(1) If the building or structure to be moved is within the city and to be relocated within the city, the application shall be accompanied by a permit fee in the amount of $50. If the building or structure to be moved into the city is located outside the city, such fee shall be in the amount of $100.

(2) Applicants for permits to move buildings or structures out of or through the city as classified by this chapter shall pay the following fees to cover cost of inspection necessary to determine any damage to public property in the city.

(4) All fees under this section shall be in addition to building, plumbing, electrical and all other fees, including business licenses, required by ordinances of the city.

(Ord. 1309, passed - -1963)

(A) Inspection. The Building Inspector shall inspect the building, the proposed location site if located within the city and the applicant’s equipment to determine whether the standards for issuance of a permit are met.

(B) Standards for issuance. The Building Inspector shall refuse to issue a permit if he or she finds:

(1) Any application requirement or any fee or deposit requirement has not been complied with;

(2) The building is too large to move without endangering persons or property in the city;

(3) The building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city;

(4) The building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the city;

(5) The applicant’s equipment is unsafe and that persons and property would be endangered by its use;

(6) Zoning or other ordinances would be violated by the building in its new location;

(7) For any other reason persons or property in the city would be endangered by the moving of the building;

(8) The building is so constructed and is in such condition of sanitation, dilapidation, disrepair or so defective or unsightly that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improve- ments in the district within a radius of 1,000 feet from the proposed site; and

(9) The building or structure proposed to be moved into the city is not comparable in value, size, quality, design and appearance comparable with the building or structures in the area into which it is to be moved.

(C) Procedures for issuance.

(1) If the condition of the building or structure in the judgment of the Building Inspector admits of practicable and effective repair, the permit may be issued upon such terms and conditions as the Building Inspector may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, additions or repairs and painting 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 in which it is to be moved.

(2) The terms and conditions upon which each permit is granted, or the findings upon which any permit is denied shall be written upon the permit or appended in writing thereto.

(D) Designate streets for removal. The Building Inspector shall procure from the City Engineer a list of designated streets over which the building may be moved. The Building Inspector shall have the list approved by the Traffic Engineer and Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations, the Street Department, Traffic Engineer and the Chief of Police shall act to assure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets.

(Ord. 1309, passed - -1963)

(A) Deposit for expense to city. Upon receipt of an application, it shall be the duty of the Building Inspector to procure from the Department of Public Works, and other appropriate departments, an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps or pole lines belonging to the city or any other property of the city, the removal and replacement of which will be required by reason of the moving of the building through the city, together with the cost of materials necessary to be used in making such removals and replacements. The Building Inspector shall also prepare an estimate of the expenses, including costs of material necessary to comply with all applicable laws and regulations federal, state or local required for the issuance of a certificate of occupancy of any building or structure to be moved into and located in the city. Prior to issuance of the permit, the Building Inspector shall require of the applicant a deposit of a sum of money equal to the amount of the estimated expense plus 10%.

(B) Bond in lieu of deposit.

(1) Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Inspector a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the state in an amount equal to the total sum estimated by Building Inspector pursuant to division (A) above, plus 10%, conditioned upon the assurance that this and other applicable ordinances and laws will be complied with. Such bond shall run to the city for the use and benefit of any person or persons intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted.

(2) Said bond shall guarantee that the required work shall be completed within 90 days of the date on which said building is moved to its new location; provided, however, that such time may be extended by the Building Inspector upon written application showing good cause therefor.

(3) No bond or cash deposit shall be required for Class A moving permits.

(C) Default in performance; notice to principal and surety; duty of surety.

(1) Whenever the Building Inspector shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on the bond.

(2) Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Building Inspector to be reasonably necessary for the completion of such work.

(3) 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 Building Inspector the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 10% of said estimated cost. Upon receipt of such moneys, the Building Inspector shall proceed by such mode as he or she 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 said sum in hand therefor.

(D) Enforcement of cash bond. If a cash bond has been posted, notice of default as provided above shall be given to the principal, and if the compliance is not obtained within the time specified, the Building Inspector shall proceed without delay and without further notice of proceedings whatever, to use the cash deposit or any portion thereof to cause the required work to be done, by contract or otherwise, in his or her discretion. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor or to his or her successors or assigns, after deducting the cost of the work plus 10% thereof.

(E) Default by mover; opinion to demolish structure and restore site. 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, of demolishing the building or structure, and clearing, cleaning and restoring the site. If the surety defaults, the Building Inspector shall have the same option.

(F) Period and termination of bond. 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 Building Inspector, of the performance of all the terms and conditions of the permit. Such completion shall be evidenced by a statement thereof signed by the Building Inspector, a copy of which shall 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 or her successors or assigns upon the termination of bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided.

(G) Entry upon premises; when authorized.

(1) The Building Inspector, the surety and the duly authorized representatives of either shall have access to the premises described in the permit for the purpose of inspecting the progress of the work.

(2) In the event of any default in the performance of any term or condition of the permit the surety or any person employed or engaged on its behalf, or the Building Inspector, or any person employed or engaged on his or her behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure.

(3) No person shall interfere with, nor obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety or of the city engaged in the work or completing, demolishing or removing any building or structure for which a permit has been issued, after a default has occurred in the performance of the terms or conditions thereof.

(H) Structure to be moved out of city; no bond required; issuance of permit. The provisions of this chapter relating to the posting of bonds shall not apply where the building or structure is to be moved to a point outside the city limits. In such cases, if the Building Inspector finds that the building or structure is so constructed and in such condition that it may be removed with safety, a permit shall be issued.

(I) Fees and bonds not applicable for temporary and governmental buildings. The provisions of this chapter relating to fees and posting of bonds shall not apply to the relocation of temporary buildings or structures to be used by governmental agencies for governmental purposes.

(Ord. 1309, passed - -1963; Ord. 1328, passed - -1964)

(A) Prior to the issuance of any permit as herein provided for, the applicant shall produce proof of the fact that he or she carries public liability insurance in an amount of not less than $300,000 for injuries, including accidental death, for any one person, and subject to the same limits for each person in an amount not less than $500,000 on account of any one accident, and property damage insurance in an amount not less than $50,000 conditioned for the payment of all loss or damage suffered by any person, firm or corporation, or by the city resulting from any act or omission of anything done, or suffered, or caused to be done, or suffered by said applicant, his or her agents, servants or employees in the relocation of any building or structure within the city limits, or the removal of any building or structure from within the city limits to a point outside the city limits. Such insurance policies shall be approved by the City Attorney as to form and sufficiency.

(B) This requirement shall not apply to Class A moving permits.

(Ord. 1309, passed - -1963)

(A) Deposit. The Building Inspector shall deposit all fees and deposits and all bonds or insurance policies with the City Treasurer.

(B) Return upon nonissuance. Upon his or her refusal to issue a permit, the Building Inspector shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned.

(C) Return upon allowance for expense. After the building has been removed the Building Inspector shall furnish the Director of Administrative Services with a written statement of all expenses incurred in removing and replacing all property belonging to the city, and of all material used in the making of the removal and replacement together with a statement of all damage caused to or inflicted upon property belonging to the city. The Director of Administrative Services shall authorize the City Treasurer to return to the applicant all deposits after the City Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done to property of the city by reason of the removal of the building. Permit fees deposited with the application shall not be returned.

(Ord. 1309, passed - -1963)

Every permittee under this chapter shall:

(A) Use designated streets. Move a building only over streets designated for such use in the written permit;

(B) Notify of revised moving time. Notify the Building Inspector in writing of a desired change in moving date and hours as proposed in the application;

(C) Notify of damage. Notify the Building Inspector in writing of any and all damage done to property belonging to the city within 24 hours after the damage or injury has occurred;

(D) Display lights. Cause red lights to be displayed during the night time on not less than every corner of the building, while standing on a street, in such manner as to warn the public of the obstruction and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. For the purpose of this division (D), NIGHT TIME shall mean that period of time between 30 minutes before sunset and 30 minutes after sunrise;

(E) Street occupancy period. Remove the building from the city streets after four days of such occupancy unless an extension is granted by the Building Inspector;

(F) Comply with governing law. Comply with the Building Code, the fire zone, the zoning ordinance and all other applicable ordinances and laws upon relocating the building in the city;

(G) Pay expense of officer. Pay the expense of a traffic officer ordered by the Building Inspector to accompany the movement of the building to protect the public from injury;

(H) Clear old premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition;

(I) Remove service connection. See that the sewer line is plugged with a concrete stopper, the water shut off, and the meter returned to the City Water Office. The permittee shall notify the gas, electric and telephone service companies to remove their services;

(J) Notice to Fire Department. Notify the Fire Department twice during each 24 hours of the time during which said building is being moved of the exact location of said building at the time of such notification, and one of said times shall be between the hours of 6:00 p.m. and 12:00 a.m. of each 24 hours; and

(K) General regulations. it shall be unlawful to move any Class “B,” “C,” “D” or “E” building upon or along any street in the city without complying with the following regulations.

(1) No building weighing more than ten tons shall be moved upon any truck equipped with pneumatic tires.

(2) No building shall be moved upon any truck having metal tires.

(3) No building shall be moved upon rollers and unless planks are placed under said rollers of such width and in such manner as to protect the surface of the street from damage, and moved upon rollers.

(4) No building shall be allowed to remain stationary on any street intersection; or upon any street in such manner as to obstruct the access to any fire plug, standpipe or other firefighting appliance, located upon or adjacent to such street.

(Ord. 1309, passed - -1963)

(A) Enforcing officers. The Building Inspector, the Police Department and the Street Department shall enforce and carry out the requirements of this chapter.

(B) Permittee liable for expense above deposit. The permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amount.

(C) Original premises left unsafe. The city shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the general deposit.

(Ord. 1309, passed - -1963)

(A) Appeal and review. Any person aggrieved by a ruling of the Building Inspector respecting the interpretation of this chapter, or an officer, department, board or commission of the city affected by a ruling of the Building Inspector concerning the interpretation of the chapter, may take an appeal to the City Council. Such appeal shall be taken within ten days and shall be taken by filing with the Building Inspector and the City Clerk a notice of appeal, specifying the grounds thereof, together with such exhibits as necessary. Such appeal shall be taken upon such forms as may be prescribed by the City Council. The Building Inspector shall forthwith transmit to the City Council all the papers constituting the record upon which the action appealed was taken.

(B) Stay of proceedings. The appeal shall stay all proceedings. The City Council shall fix a reasonable time and place for hearing the appeal and shall cause the City Clerk to give notice thereof to the person appealing and to the officer from whom the appeal is taken. It shall hear and decide the appeal within 30 days after the date upon which the hearing for the taking of evidence and testimony is declared closed. The City Council may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be made to conform to the provisions of this title and chapter, and its decision shall be deemed final and conclusive upon the parties.

(C) Notice of appeal hearing. Notice of appeal hearing as provided in this section shall be given in writing and may be delivered personally or by depositing the same in the U.S. mail, postage prepaid, and addressed to the person and place designated to receive notice as set forth by applicant pursuant to § 14.24.040(B)(11), and such notice shall be presumed given whether applicant or his or her designee has departed from, or vacated such address without subsequent notice in writing to city as to the person or place for receipt of such notice.

(Ord. 1309, passed - -1963)