Gustine Municipal Code Art. 3 Building Moving and Relocation

Any person who shall violate any of the provisions of this article, or who shall violate or fail to comply with any order made pursuant to the provisions of this article, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the council or by a court of competent jurisdiction within the time fixed therein shall, for each and every separate violation and noncompliance, respectively, be deemed guilty of a misdemeanor. The imposition of one penalty for any violation of this article shall not excuse the violation or permit it to continue, and any such person shall be required to correct or remedy such violation or defect within a reasonable time, and, when not otherwise specified, each ten days the prohibitive conditions are maintained shall constitute a separate offense. The application of a penalty shall not be held to prevent the enforced removal of a prohibitive condition.

(Code 1966, § 8-2.26)

Any person aggrieved by any decision of the building inspector or director of public works in carrying out the provisions of this article may, within five days after such decision, appeal to the council by filing a written notice thereof with the city clerk. The council shall hold a hearing on the matter and its decision thereon shall be final and conclusive.

(Code 1966, § 8-2.25)

If the moving of any building requires any tree trimming, such tree trimming shall be performed by a street trimmer designated by the director of public works, and a charge in the amount per hour established by resolution shall be made for the services of such tree trimmer.

(Code 1966, § 8-2.19)

Every building or structure, or section or portion thereof, which is moved over, upon, along, or across any street shall be moved under the inspection and supervision of the director of public works. The director of public works shall appoint an inspector for the moving of any building or structure and of each section or portion thereof; provided, however, that if two or more buildings or structures, or two or more sections or portions thereof, are being moved at the same time along a route so situated that one person can inspect the same, only one person shall be appointed therefor. Such inspection and supervision in each case shall be for such time as the director of public works shall deem necessary for the performance of such service, and a charge in the amount established by resolution for each two hours, or fraction thereof, shall be made for the time required for such inspection and supervision.

(Code 1966, § 8-2.20)

The director of public works shall notify the chief of police of the time of moving the building through the public streets. If the chief of police determines that the protection of the public requires a police escort, he shall provide such escort, and a charge per hour established by resolution, or fraction thereof, shall be made for such police escort.

(Code 1966, § 8-2.21)

(a) It shall be the duty of any house mover, when required by the director of public works, to cause boards of sufficient strength to carry the load without breaking to be placed under all the rolls or wheels to serve as a runway for such rolls or wheels during the moving of any building or structure, or section or portion thereof, along every street improved in any other manner than by Portland cement, concrete, asphalt, or brick, and at no time shall such rolls or wheels be permitted to revolve except upon such board runway when the same is required by the director of public works.

(b) The director of public works may direct that steel or rubber-tired dollies may be used where any building or structure is moved on any unimproved or oil gravel street.

(c) If the equipment of the house mover is not sufficient for the work required, or if the street or the use of such street or the property of any public utility shall be at any time endangered or damaged by such moving, or if such house mover or his servants or employees at any time violate any of the terms, conditions, or restrictions of the house mover's permit required by the provisions of this article, either as to the size or dimensions of the building or structure being moved or the route of such moving or otherwise, the inspector shall report such fact to the director of public works, and when properly authorized by the director of public works, the inspector shall be empowered to stop the progress of such moving.

(Code 1966, § 8-2.22)

If any street is damaged by reason of the moving of any building or structure, or section or portion thereof, the director of public works shall do such work as may be necessary to restore the street to as good a condition as the street was in prior to such damage, and shall charge the cost thereof to the house mover to whom the permit was issued for the moving of such building or structure, or section or portion thereof.

(Code 1966, § 8-2.23)

No person moving any building or structure, or section or portion thereof, over, upon, along, or across any street, alley, or sidewalk shall fail, neglect, or refuse to keep a red light burning at all times between sunset and sunrise at each corner of such building or structure, or section or portion thereof, and at the end of any projection thereon while the same, or any part thereof, is located in or upon any street, alley, or sidewalk.

(Code 1966, § 8-2.24)

No person shall move any building or structure, or any portion thereof, over, upon, along, or across any public street, alley, or sidewalk without a written permit therefor from the director of public works. Such permit may be referred to as a house mover's permit.

(Code 1966, § 8-2.01)

A separate application for a house mover's permit upon a form furnished by the director of public works shall be filed and a separate permit obtained for the moving of each separate building or structure, or portion of a building or structure. Each application for such permit shall show the following information:

(1) The kind of building or structure to be moved;

(2) The street location or other identifying description to which the building or structure is proposed to be moved;

(3) The route over, along, across, and upon which such building or structure, or section or portion thereof, is to be moved;

(4) The number of sections in which the building or structure is to be moved; and

(5) The time when the building or structure is proposed to be moved and the time within which the removal is to be completed.

(Code 1966, § 8-2.02)

No house mover's permit shall be granted by the director of public works until the applicant shall have paid to the director of public works an application fee established by resolution for each permit requested.

(Code 1966, § 8-2.03)

The director of public works, upon the receipt of an application for a house mover's permit shall immediately notify the chief of police that such application has been filed. The director of public works shall investigate the route designated in the application to ascertain whether the moving of the building can be made without damage to the trees adjacent to such route. If the moving would damage such trees, he shall prescribe another route which will not cause such damage.

(Code 1966, § 8-2.04)

(a) Fees. There shall be deducted from the deposits provided for in section 4-4-106 the sum established by resolution as a permit fee.

(b) Exemptions. No permit fee shall be required for the moving of temporary buildings or structures over the public streets or alleys if such buildings or structures are to be used for governmental purposes.

(Code 1966, § 8-2.05)

(a) Except as otherwise provided in subsection (b) of this section, no permit shall be issued to any house mover pursuant to the provisions of this article until the applicant therefor shall have deposited the sum established by resolution with the director of public works.

(b) Any house mover may make and maintain with the director of public works a general deposit in the amount established by resolution, which general deposit shall be used for the same purpose as the special deposit provided for in subsection (a) of this section, and while such general deposit is maintained such house mover shall not be required to make such special deposit, but shall be required to comply with all the other provisions of this article.

(c) In addition to the deduction for a permit fee, as provided in section 4-4-105, there shall also be deducted from each deposit the cost of the service of the inspector provided for in section 4-4-74, the cost of the tree trimmer provided for in section 4-4-73, the cost of the police escort provided for in section 4-4-75, and the cost of repairs, if any, made by the director of public works, as provided in section 4-4-77. The remainder of such deposit, if any, shall be refunded to the person making such deposit or to his assigns.

(d) If the deposit made pursuant to the provisions of subsections (a) and (b) of this section shall not be sufficient to pay the costs of the services of the inspector, the police escort, the tree trimmer, and the repairs, if any, the person making such deposit shall, upon demand, pay to the director of public works a sufficient sum to cover all such costs. Upon the failure to pay such sum, it may be recovered by the city in any court of competent jurisdiction.

(Code 1966, §§ 8-2.06, 8-2.07)

No house mover's permit shall be issued by the director of public works until the building inspector has first issued to the owner of the premises to which the building is to be moved a relocation permit to relocate the particular building upon such premises. The applicant for a house mover's permit shall first furnish evidence that such relocation permit has been issued when such relocation permit is required by the provisions of this article.

(Code 1966, § 8-2.08)

No person shall relocate any building or structure, or any portion thereof, upon any premises in the city without a permit therefor from the building inspector. Such permit may be referred to as a relocation permit. No relocation permit shall be required if the building or structure is to be moved to a place located outside the city or if the building or structure is to be used by a governmental agency for a governmental purpose.

(Code 1966, § 8-2.09)

(a) Every application to the building inspector for a relocation permit shall be in writing upon a form furnished by the city clerk and shall set forth such information as the building inspector may reasonably require in order to carry out the purposes of this article. The application shall have attached thereto the following:

(1) A photograph of the building;

(2) A plot plan showing the proposed location of the building; and

(3) A plan of reconstruction.

(b) Upon the filing of the application for a relocation permit, the city clerk shall refer the matter to the building inspector who shall conduct such investigation as may be necessary to determine whether or not such permit should be issued and the conditions which may attach to the permit when issued. If the building inspector shall be required to go outside the city for such purpose, there shall be an additional charge per mile established by resolution.

(c) Such application shall be filed with the city clerk, accompanied by an application fee in the amount established by resolution. Such application fee shall be in addition to the regular building permit fee required by the building code adopted pursuant to the provisions of chapter 1 of this title.

(Code 1966, §§ 8-2.10—8-2.12)

No permit shall be issued to relocate any building or structure which, in the opinion of the building inspector, is so constructed or in such condition as to be dangerous, or which is infested with pests or is insanitary, or which, if it be a dwelling or habitation, is unfit for human habitation, or which is so dilapidated, defective, insanitary, or in such a condition of deterioration or disrepair that its relocation at the proposed site would be materially detrimental to the property or improvements in the district within a radius of 300 feet from the proposed site, or if the proposed use is prohibited by the zoning regulations of the city, or if the structure is of a type prohibited at the proposed location by any fire district regulation or by any other law or regulation. 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 permit shall be denied.

(Code 1966, § 8-2.13)

(a) No relocation permit shall be issued by the city clerk unless the applicant therefor shall first post with the city clerk 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, which 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 percent, of the work required to be done in order to comply with all the conditions of such relocation permit, as such cost is estimated by the building inspector. 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 in this section for a surety bond, and conditioned as required in the case of a surety bond. Such bond, as so secured, shall be referred to as a cash bond for the purposes of this article.

(b) Every bond posted pursuant to the provisions of this article shall be conditioned as follows:

(1) Each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the building inspector.

(2) 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 90 days after the date of the issuance by the director of public works of the house mover's permit provided for in this article. The time limit specified in this subsection or the time limit specified in any permit may be extended for good and sufficient causes by the building inspector. No such extension of time shall be valid unless in writing, and no such extension shall release any surety upon any bond.

(c) The term of each bond posted pursuant to the provisions of this article 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 relocation 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 successors or assigns upon the termination of the bond, except any portion thereof which may have been used or deducted as provided in this article.

(Code 1966, §§ 8-2.14—8-2.16)

(a) If the condition of the building or structure to be relocated, in the judgment of the building inspector, admits of practicable and effective repair, the permit may be issued subject to appropriate conditions as provided in this section.

(b) If the granting of a permit is not prohibited by the provisions of section 4-4-133, the building inspector may, after the necessary investigation, authorize the city clerk to issue a relocation permit and in authorizing such permit, may impose such terms and conditions as he may deem reasonable and proper including, but not limited to, the requirements of the changes, alterations, additions, or repairs to be made to or upon the building or structure to the end that the relocation thereof shall not be materially detrimental to the public welfare or to the property and improvements, or either, in the district within a radius of 300 feet of the proposed site to which such building or structure is to be moved.

(c) Whenever the building inspector shall find that a default has occurred in the performance of any term or condition of any permit, a 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 building inspector to be reasonably necessary for the completion of such work.

(d) After the receipt of such notice, the surety shall, within the time therein specified, either cause the required work to be performed or, failing therein, 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 ten percent of the estimated cost. Upon the receipt of such moneys, the building inspector 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 such sum in hand therefor.

(e) If a cash bond has been posted, notice of default, as provided in this section, shall be given to the principal, and if compliance is not had within the time specified, the building inspector shall proceed without delay and without further notice or proceedings whatever to use the cash deposit, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the building inspector. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor or to his successors or assigns after deducting the cost of the work, plus ten percent thereof.

(f) When any default has occurred on the part of the principal under the provisions of subsections (c) and (d) of this section, 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 shall default, the building inspector shall have the same option.

(g) In the event of any default in the performance of any term or condition of the relocation permit, the surety, any person employed or engage on its behalf, the building inspector, 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.

(h) 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 engaging 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 of such permit.

(Code 1966, §§ 8-2.17, 8-2.18)