Hollister Municipal Code Ch. 15.08 Moving Buildings and Structures

The purpose of this chapter is to regulate the use of certain public streets and public property within the city by any vehicle defined in this chapter as an overload, in order to prevent damage to street foundations, surface or structures, to protect bridges and other public and private property and lives from damage and injury resulting from moving an overload vehicle upon a public street or place; to regulate the moving into or relocation of buildings within, through or out of the city; to provide site and architectural control of any relocation or moving of buildings or structures and to promote the general health, safety and welfare of the general public of the city.

(Prior code § 17-8)

The following words or phrases shall have the meaning herein set forth, and if any word or phrase used in this section is not hereinafter defined, it shall have the meaning set forth in the California Vehicle Code, provided that if any such word or phrase is not defined in said vehicle code, it shall have the meaning attributed to it in ordinary use:

Building means and includes structures of all types.

Building code. The building code for the city shall be the current edition of the Uniform Building Code as adopted and amended from time to time by the International Conference of Building Officials.

Building department means the office of building inspection of the city.

City means the city of Hollister.

City council means the city council of the city.

City traffic engineer means the traffic engineer of the city or the traffic engineer's authorized representative.

Contractor means any person or persons, firm, partnership, corporation or combination thereof, private or public, who is licensed with the state and is deemed competent in the field of contracting.

Fire chief means the fire chief of the city.

Overload means any vehicle or combination of vehicles, including any loads which it or they may bear or carry, exceeding the limits set forth in Division 15 of the California Vehicle Code relating to height, width, length or weight of vehicle or load.

Persons means any individual, firm, corporation, association, partnership, trust or other organization, or an agent, employee or lessee thereof.

Public street or places means all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way or any portions thereof of the city.

Site and architectural review committee means the planning commission of the city.

(Prior code § 17-8)

The provisions of site and architectural approval of building relocation or removal shall apply to all buildings being moved from one location in the city to another location in the city and from one location outside the city to a location within the city.

(Prior code § 17-8)

The application for any oversize permit required under this chapter shall be made on a standard application form and as furnished by the city and also any other city forms as prescribed by the city code and furnished by the city. The application shall contain other information and data, and such certification and other proof of facts, as the city traffic engineer determines is necessary to carry out the provisions of this chapter.

(Prior code § 17-8; Ord. 896, §§ 1, 4, 1997)

Editor's note— The forms referenced in this section are set out at the end of this chapter.

The planning commission of the city shall act as the site and architectural review committee. The site and architectural review committee shall review applications for the removal or relocation of buildings pursuant to this chapter. A public hearing shall be held and at least ten days' written notice thereof shall be mailed or delivered to all persons shown on the last equalized assessment role as owning real property within the city within 300 feet of the property to which the building is to be moved or relocated. No permit shall be granted until the site and architectural review committee has determined that the architectural and general outside appearance of the building to be moved or relocated shall be in keeping with the character of the neighborhood and the location and design of such building is such that it will not be detrimental to public health, safety or general welfare of the neighborhood in which the building is proposed to be moved or relocated. The site and architectural review committee shall make written findings approving or disapproving an application as it pertains to site location and architectural appearance. The site and architectural review committee may require reasonable conditions, changes or additions as part of approval.

(Prior code § 17-8)

In addition to other requirements set forth in this chapter regarding the contents of a relocation or moving application, the applicant shall submit ten prints of maps or drawings and two photographs which show the exact location of the site to which a building is proposed to be moved. Maps or drawings and photographs shall show the ingress and egress, which shall not interfere with normal traffic flow on abutting streets, and, where applicable, off-street parking and loading facilities. In addition, the applicant shall also provide a route map fixing the route and time over which and when a building will be moved on or across any public street within the city, including any overload usage of any portion of city streets. Maps, drawings and photographs shall also show the location of any fencing or landscaping facilities, including, but not limited to, street trees.

(Prior code § 17-8)

The city traffic engineer is authorized to issue or withhold a permit to any contractor or house space mover for any overload as the traffic engineer, in the exercise of his or her discretion, deems reasonably necessary in order to protect public parks, places and streets, including, but not limited to street trees, private property and the public health, safety and general welfare. If the traffic engineer issues an overload permit, the traffic engineer may subject it to such reasonable terms, provisions and conditions as he or she deems necessary in order to carry out the provisions of this chapter, including, but not limited to, restricting the number of trips, the weight, length, width and height of an overload, the time and date trips may be made, the date period during which trips may be made, the route or routes over which trips may be made, the measures required to protect and preserve public parks, places and streets, including, but not limited to, street trees, private property and the public health, safety and general welfare, requiring applicant to obtain written approval of, and/or give satisfactory indemnity to, any person whose property will be unduly disturbed or endangered by applicant in moving an overload on or over public streets.

(Prior code § 17-8)

No decision of the site and architectural review committee on an application for permit to move or relocate a building or structure pursuant to this chapter shall become final until the period of appeal. At any time within 15 calendar days after final action by the site and architectural review committee, the city council may, on its own motion, review the action of the site and architectural review committee. Within the same period of 15 days, the applicant, if dissatisfied with the action of the site and architectural review committee, may file with the city clerk a written notice simply stating that the applicant wishes to appeal from the actions of the site and architectural review committee and the portion of the findings to which the applicant is objecting. The council shall then set a public hearing on the matter within a reasonable time and shall have the power to revoke, modify or otherwise change the action of the site and architectural review committee as the council deems just and reasonable. The decision of the city council upon such review shall be final.

(Prior code § 17-8)

The city traffic engineer may issue a single trip permit or an annual permit valid for a period of one year. The fee schedule for issuance of transportation permits for overload vehicles as approved by the state of California is as follows:

Any single permit taking over one hour to process shall be charged at the rate of $50.00 per hour (minimum) for time in addition to the $16.00 permit charge.

Any permit where variance exceeds 14 feet in width or 135 feet in length shall be charged $50.00 per hour (minimum) in addition to the $16.00 permit charge.

The single trip and annual permit fees may be modified by resolution of the city council, and a record of such shall be maintained in the office of the city clerk.

(Prior code § 17-8; Ord. 896, § 3, 1997)

The permittee shall report any damage to any property, public or private, as a result of moving or having on or upon city public streets or places, any overload. Such report shall be presented to the city traffic engineer within 24 hours after such damage results. Such report shall indicate the location, cause and description of any such damage, and names of any witnesses thereto, and shall bear the signature of permittee and the permittee's duly authorized agent.

(Prior code § 17-8)

The permittee shall indemnify and save harmless the city, members of the city council, the city traffic engineer and other city officials and employees from any suits, claims or actions brought by any person or persons from or on account of any injuries or damage sustained because of or rising out of the movement or location of any overload on or upon city public streets or places. Said permittee shall keep in force for the period for which an overload permit is issued, policy of public liability and property damage insurance against liability for injury to persons or property arising out of any accidents, or occurrences attributable to or in connection with the movement of any overload on or upon city streets or places. The policy shall provide for not less than the following coverage amounts:

The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of his or her permit and shall contain a provision that such policy may not be cancelled, nor the amount of coverage thereof reduced, until 30 days after receipt of the city traffic engineer of written notice of such cancellation or reduction in coverage. An additional insured endorsement to the permittee's insurance policy shall be provided naming the city, its officers and employees as additional insured in the form approved by the city.

(Prior code § 17-8; Ord. 896, § 2, 1997)

A copy of each permit for the removal of structures, as required by this chapter, shall, by the person receiving the same, be served upon the superintendent or local manager of any company or person owning or controlling telegraph, telephone, fire alarm or electric light to be raised, cut or interfered with in the removal of such structure, at the office of such company or person in the city, together with a notice of the time when its wires will be required to be cut or its poles removed. Such notice shall be served at least 24 hours before the work is to be performed, legal holidays to be excluded. The party giving such notice accompanied by the permit of the public works director, and desiring such company or person to raise or cut its wires or move its poles, shall pay the expense of performing such work and restoring the disturbed line or poles, including the wages of persons employed therefor. Upon receiving such notice, copy of such permit and assurance by mover that costs will be paid, such company or person shall proceed without delay to raise or cut its wires or remove its poles for the purpose desired.

(Prior code § 17-7)

All buildings to be moved through or across the streets or alleys of the city within the fire limits shall be removed, as far as practicable, in the nighttime. No building in process of removal shall be allowed to stop on any street within the fire limits in the daytime without the permission of the public works director, given in writing.

(Prior code § 17-9)

No person shall haul or remove any standing derrick, the top of which is over 15 feet above the ground when upright, through or across any of the streets or alleys in the city. All derricks of a greater height than 15 feet shall be lowered before being hauled or removed through or across any of the streets or alleys in the city.

(Prior code § 17-10)

Appendix A. FORMS

FORM RL-1 APPLICATION FOR RELOCATION APPROVAL

APPLICATION FOR RELOCATION APPROVAL

Separate Transportation Permit Required

Present Address _____

Future Address _____

Building to be used as a ___________ Type Construction _____

List improvements to building:

_____ _____ _____ _____

Above improvements will be completed by _____

New Owner___________ Address___________ Phone _____

Relocation Inspection Fee _____

Zone: New Location________ Date Inspected________ Date Posted _____

Committee's Decision: Approved________ Disapproved________ Date _____

Notification to applicant________ Appeal Rec'd________ Fee _____

Notice to Property Owners _____

Protest Received___________ Notice of Public Hearing _____

Committee's Decision: Approved_______ Disapproved _______Date _____

Agreement to terms and conditions received _____

Faithful Performance Bond: Amount___________ Date Filed _____

Building Permit Issued: By __________________ Date _____

Sanitary Sewer Lateral Plugged __________________ Date _____

Water Meter Removed __________________ Date _____

Foundation and Basement Backfilled ___________ Date _____

CITY OF HOLLISTER NOTIFICATION TO RELOCATE HOUSE/STRUCTURE TRANSPORTATION PERMIT APPLICATION FORM RL-2

No: ___________ Date: ___________

TO: Fire Department

Police Department Public Works Department (Maintenance) Pac Bell PG&E CABLE TV

Application Has Been Received From: _____

To Move a Structure: From: _____

To: _____

Route: _____ _____

Proposed Moving Date: _____

Structure: Height:_______ Width:_______ Length:_______ Weight: _____

APPROVED BY: _____ Public Works Department, Maintenance, 1221 South Street, Hollister, Ca. (831) 636-4370 _____ Fire Department, 110 Fifth Street, Hollister, Ca. (831) 636-4325 _____ Police Department, 395 Apollo Ct., Hollister, Ca. (831) 636-4330 _____ PG&E, 551 East Street, Hollister, Ca. (831) 637-5363 _____ Pac Bell, 1060 Teven Street, Salinas, Ca. (831) 754-8419 _____ CABLE TV (Falcon), 7630 Eigleberry Street, Gilroy, Ca. (800) 732-1971

COMMENTS: _____ _____ _____ _____

APPROVED BY:___________TITLE _______ DATE: _____

FORM RL-3

CITY OF HOLLISTER DEPARTMENT OF PUBLIC WORKS

PROCEDURES FOR RELOCATING BUILDINGS WITHIN OR INTO THE CITY OF HOLLISTER

Information Required with Application

1. One copy of the floor plan of the building or structure to be moved showing all proposed additions or alterations. The scale shall be 1/4" = 1'0".

2. Ten copies of a site plan to scale of the building or structure as it will appear at the proposed site locations. It shall show fences, walkways, paved areas, landscaping, and dimensions of all yards. Applicable zoning ordinances shall be followed.

3. Two or more photographs of the building showing the building as it will be seen from the street at the new location.

4. Map showing the specific route along city streets for which the building or structure shall be moved.

5. Other information such as materials to be used as requested by the Planning Department.

Fees ;00; An inspection of the building by the building inspector will be required.

Inspection fees are as follows:

1. Inside city limits: $ 5.00.

2. Outside city limits, within 25 miles of City Hall: $10.00.

3. Outside city limits, over 25 miles from City Hall: $25.00

(Note: If the building is not moved, if posting of notices in the area has not been required, and if requested by the applicant within 60 days, $ .00 of the inspection fee will be refunded by the city.)

Bonds

A cash deposit or bond in the amount determined by the planning department will be required. The minimum amount shall be $2,500.00. This bond is to insure that the building will be upgraded to meet all codes as would be applicable for new buildings. It shall further insure compliance with all requirements of the building department. In case of non-compliance, it shall be used to demolish the building.

General

The planning department's decision may be appealed to the city planning commission within ten days of the planning staff's decision.

The structure to be moved, and the new site location, shall be posted by the building inspector with a "Moving Notice." The posting must remain on the premises at least ten calendar days before the department can approve the application. Posting shall be the date of mailing notices to property owners.

A building permit will be required if alteration or modification to building is made. Fees for work shall be based on current fee schedule in the current edition of U.B.C.

FORM RL-5 NOTIFICATION TO RELOCATE HOUSE/STRUCTURE

CITY OF HOLLISTER NOTIFICATION TO RELOCATE HOUSE/STRUCTURE TRANSPORTATION PERMIT APPLICATION

FORM RL-5

TO: __________________ AS PERMITTEE: _____

In compliance with your request of ___________ and subject to all of the terms, conditions and restrictions written below and the printed regulations on any part of this form so far as the general or special provisions apply.

Permittee herein shall complete the removal, moving, and relocation of said non-legal load within a total period of 24 hours, on such date which may be approved by the Public Works Director of the City of Hollister. Such work of removal shall not be commenced on any day on which weather conditions are such that the completion of said work is likely to be interrupted by rains or stormy weather.

PERMISSION IS HEREBY GRANTED TO: _____ _____ _____ _____ _____

Each, all and every one of the terms and conditions of this permit are expressly made terms and conditions, and the breach of any one of them by said Permittee shall cause this permit to forthwith terminate and end, and Permittee shall have no further rights hereunder.

This permit shall not be effective unless and until this permit, and each, all, and every one of the terms and conditions thereof, have been accepted and agreed to in writing by Permittee.

This permit is hereby issued for and on Behalf of the City of Hollister.

City of Hollister, a Municipal Corporation

Public Works Department By _____ Title: _____

I agree to comply with the terms of this permit. _____ Permittee

NOTIFICATION TO RELOCATE HOUSE/STRUCTURE GENERAL PROVISIONS

CITY OF HOLLISTER NOTIFICATION TO RELOCATE HOUSE/STRUCTURE TRANSPORTATION PERMIT APPLICATION

GENERAL PROVISIONS

At least 24 hours in advance of the commencement of the work of moving said non-legal load, Permittee shall notify each of the following Departments of the City of Hollister and Public Utilities of their intention and of the day and hour when said work shall commence, to wit: Police Department, Fire Department, and Public Works Department. PG&E, Pac Bell, and Cable TV should be notified at this time also.

This permit is issued subject to all of the ordinances, Rules, and Regulations of the State of California and the City of Hollister now in effect or which may hereafter before the completion of said removal, moving, and relocation become effective.

Permittee agrees that they will save and protect harmless the City of Hollister, its Officers, Agents, and Employees, against any and all loss or damage which may be suffered by the City of Hollister, its Officers, Agents, or Employees, resulting from or arising out of the removal, moving, and relocation by Permittee of the aforesaid structure. The Permittee will add an additional insured endorsement to the Permittee's insurance policy naming the City, its officers and employees as additional insured in the form approved by the city.

Permittee agrees that they will, at all times while said structure is being removed, moved, and relocated, carry comprehensive bodily injury liability insurance, (including automobiles). The minimum limits of liability will be as follows:

The Insurance Company will be authorized to engage in the insurance business in the State of California.

Permittees shall do and perform all of the work or removal, moving and relocation of said non-legal load in accordance with the most up-to-date standards for moving in California, and shall use the most up-to-date and efficient equipment for said moving, and agree to have employed, at all times while said structure is being moved, a sufficient and adequate crew of competent movers engaged in the moving of said load so as to ensure the most expeditious moving of said load. Said permittee agrees to move said load in such manner and at such time of day as to cause the least interference with the vehicular traffic on all the streets on which said moving is to be done.

City may provide a special police escort to be on the route and near said structure while the same is being removed, and Permittee agrees to pay the City of Hollister the cost of any special police escort.

CITY OF HOLLISTER NOTIFICATION TO RELOCATE HOUSE/STRUCTURE TRANSPORTATION PERMIT APPLICATION

GENERAL PROVISIONS (CONT'D)

In the event, in the course of said removal, moving and relocation, said load shall for any reason remain upon any City street, State Highway, or public thoroughfare within the City of Hollister in excess of 24 hours, Permittee agrees to pay to the City of Hollister as liquidated damages the sum of $1,000.00 for each 24-hour period during which said structure or portion there shall remain upon any portion of any City Street, State Highway, or public thoroughfare.