La Mesa Municipal Code Ch. 14.24 House Moving and Wrecking

In this chapter the word "person" means any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, the state of California, any political subdivision of the state of California or any group or any combination acting as a unit.

(Ord. 825 § 17; July 23, 1957)

A. PRIVATE PROPERTY. The chief building inspector is hereby authorized and empowered to enforce the portions of this chapter pertaining to the relocation or wrecking of buildings while on private property.

B. PUBLIC PROPERTY. The chief of police is hereby designated, authorized and empowered to enforce the portions of this chapter pertaining to the relocation of buildings while on public property.

C. DELEGATION OF DUTIES. The chief building inspector and the chief of police may delegate any of their powers or duties to any of their respective department employees.

(Ord. 825 § 13; July 23, 1957)

No person shall move, salvage or wreck any building or structure or cause the same to be done without first obtaining and having then in effect a valid relocation or wrecking permit therefor for each such building or structure except as outlined in this chapter.

(Ord. 825 § 1 (part); July 23, 1957)

If a building or structure is being moved to a location into or within this city, the person moving or causing the same to be done, shall make application for and obtain a building permit covering the required alterations, repairs and foundations.

(Ord. 825 § 1 (part); July 23, 1957)

No such building permit shall be required for the moving of a structure to a storage lot for resale.

(Ord. 825 § 1 (part); July 23, 1957)

A relocation permit will be required for the moving of any structure owned by the state of California, any political subdivision thereof and any governmental agency.

(Ord. 825 § 1 (part); July 23, 1957)

No permit shall be issued to relocate any building or structure until after inspection and approval by the chief building inspector and the city planner as provided for in this chapter.

(Ord. 825 § 1 (part); July 23, 1957)

A relocation permit shall not be issued if said inspection by the chief building inspector reveals that the building is so constructed or in such a condition as to be structurally unsound, provided, however, that if the condition of the structure in the judgment of the chief building inspector admits of practicable and effective repair the permit may be issued.

(Ord. 825 § 1 (part); July 23, 1957)

A relocation permit shall not be required for a building or structure which is moved to a new location on a single parcel of land or contiguous parcels of land held under one ownership where such moving does not involve the use or crossing of any public street, public alley, public area, public right-of-way, or easement.

(Ord. 825 § 1(2); July 23, 1957)

No permit shall be required to salvage or wreck any building or structure less than two hundred square feet in area if not more than fourteen feet in height.

(Ord. 825 § 1(1); July 23, 1957)

No permit shall be required to move any building or structure less than one hundred square feet in area if not more than fourteen feet in height.

(Ord. 825 § 1(3); July 23, 1957)

A person moving any building or structure within or into the city, except new buildings, or structures of prefabricated construction as outlined in this chapter, or causing the same to be done, shall file a request for a move examination together with the application for a building permit with the chief building inspector.

(Ord. 825 § 2 (part); July 23, 1957)

The applicant shall furnish detailed plans and specifications of the building to be moved, said plans to include:

(a) Plot plan showing proposed location of building;

(b) Floor plan showing room arrangements and sizes, and window types and sizes;

(c) Foundation plan of foundation to be provided at proposed site;

(d) Elevation views showing what the finished appearance of the building will be from the front, each side and the rear;

(e) Structural details of any additions or alterations being made to building.

(Ord. 825 § 2 (part); July 23, 1957)

The chief building inspector and the city planner shall examine the old and new locations and structures and shall review the plans and specifications after such examination.

(Ord. 825 § 2 (part); July 23, 1957)

The applicant shall be notified by mail of the results of the move examination and the city's requirements, if any, in addition to those contained in the plans and specifications.

(Ord. 825 § 2 (part); July 23, 1957)

If the applicant does not apply for and obtain the relocation permit and building permit within ninety days of such notice, he shall be required to request a move reexamination and pay the reexamination fee.

(Ord. 825 § 2 (part); July 23, 1957)

The nonrefundable fee, payable in advance, or each move examination and each move reexamination fee, shall be as follows:

(a) Move within city: Old location and new location within the city of La Mesa, ten dollars;

(b) Move from city: Old location inside of and new location outside the city of La Mesa, no fee;

(c) Move into city: Old location outside and new location inside the city of La Mesa, one hundred dollars.

(Ord. 825 § 2 (part); July 23, 1957)

The applicant shall file an application for relocation permit on a form furnished for that purpose.

(Ord. 825 § 3 (part); July 23, 1957)

The applicant shall also complete the application for a building permit, filed at the time of the request for the move examination, and shall correct the plans and specifications in accordance with the requirements indicated by the result of the move examination as outlined in this chapter.

(Ord. 825 § 3 (part); July 23, 1957)

The application for the relocation permit shall:

(a) Locations, old and new: Give the street address and the legal description of the property from which and to which the structure will be moved, the proposed route of such moving, and the proposed date and hour of moving.

(b) Signature: Be signed by the applicant or his authorized agent, who may be required to submit evidence to indicate such authority.

(c) Bond: Be accompanied by a satisfactory performance bond as hereinafter required.

(d) Insurance: Be accompanied by a policy of public liability and property damage insurance as hereinafter required.

(e) Other information: Furnish such other information as may be required by the chief building inspector.

(Ord. 825 § 3 (part); July 23, 1957)

Every application for a relocation permit shall be referred by the chief building inspector to the chief of police for his approval. If approved, a copy shall be sent to the chief of the fire department.

(Ord. 825 § 3 (part); July 23, 1957)

Any building or structure relocated within or moved into this city shall be made to comply with all zoning requirements of this city for its new location, within ninety days from date of arrival of said building or structure or portions thereof at its new location.

Said building, or structure, or portions thereof shall be completely set down and placed upon its new foundation within thirty days from its date of arrival at the new location.

All required alterations and repairs are to be completed within ninety days from date of arrival of the building or structure or portion thereof at its new location, except that the chief building inspector may extend the latter completion date for one additional period of sixty days for good cause.

(Ord. 825 § 12; July 23, 1957)

A building or structure consisting of new materials and meeting all of the requirements of the city of La Mesa building codes for new construction and which is to be moved into the city of La Mesa from a fabrication or assembly area outside of the city of La Mesa need not meet the requirements of Sections 14.24.120—14.24.170 and Sections 14.24.260—14.24.360, provided all of the following conditions are fulfilled:

(a) Unused building: Said building or structure shall not have been occupied, rented, or leased prior to being moved into this city.

(b) Building permit and fee: A building permit shall be applied for and fee paid therefor on the same valuation basis as that of new on-site construction, the same as if it were being built within this city.

(c) Plans and specifications: Complete plans and specifications shall be submitted for said building structure and shall accompany building permit application.

(d) Evidence: Evidence shall be provided to the satisfaction of the chief building inspector that said plans and specifications represent the true manner in which the building or structure was fabricated.

(Ord. 825 § 4 (part); July 23, 1957)

The chief building inspector may require the removal of a panel or panels of the structure's surface covering to substantiate the applicant's claims, unless on-site inspection has been obtained at the site of fabrication by an inspector or agency satisfactory to the chief building inspector.

(Ord. 825 § 4 (part); July 23, 1957)

Nothing contained in this chapter exempting prefabricated construction from certain requirements of this chapter shall be construed as allowing noncompliance of said buildings or structures with the remaining requirements contained in this chapter or any other ordinances of this city that are in effect at the time of relocation of said prefabricated construction.

(Ord. 825 § 4 (part); July 23, 1957)

No person shall move structure within or into this city, or cause the same to be done, unless he shall first have filed with the city clerk a bond in an amount equal to the approved valuation of the cost of the required alterations, repairs, and foundations, plus twenty-five percent to insure the satisfactory performance and completion of such work. Such bond shall be issued by a surety company authorized to do business in the state of California, satisfactory to the city of La Mesa. The bond shall be approved by the city attorney.

(Ord. 825 § 5 (part); July 23, 1957)

The bond shall be in joint and several form and shall inure to the benefit of the city of La Mesa and be condi-tioned upon the completion of the exterior alterations, repairs and foundations in accordance with the plans and specifications within the period of time or extension thereof as provided in Section 14.24.220.

(Ord. 825 § 5 (part); July 23, 1957)

The bond shall be conditioned upon the payment to the city of any costs incurred by it in completing such work in accordance with the plans and specifications, or in employing a private contractor to complete such work.

(Ord. 825 § 5 (part); July 23, 1957)

In lieu of a surety bond, the permittee may post a bond executed by the owner of the premises as principal, and which is secured by a deposit of cash in the amount named above and conditioned as required in the case of a surety bond.

(Ord. 825 § 5 (part); July 23, 1957)

Whenever the city shall find that a default has occurred in the performance of any term or condition of the work authorized by the permit, written notice thereof shall be given to the principal and the surety of the bond. Such notice shall state the work remaining to be done, the estimated cost of completion thereof, and the period of time deemed by the city to be reasonably necessary for the completion of such work.

(Ord. 825 § 5 (part); July 23, 1957)

After receipt of notice of default, the principal or the surety must, within the time specified, either cause the required work to be performed or, failing therein, deposit with the city of La Mesa the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to twenty-five percent of such cost.

(Ord. 825 § 5 (part); July 23, 1957)

In the event that the principal or surety fails to complete such work within the time specified in the notice, or fails to deposit the estimated cost plus twenty-five percent with the city, the city shall proceed by such method as it deems convenient to cause the required work to be performed and completed. The principal and the surety shall be jointly and severally liable for the cost of completing such work.

(Ord. 825 § 5 (part); July 23, 1957)

If the principal or surety deposits the estimated cost plus twenty-five percent as set forth in the notice, the city shall proceed by such method as it deems convenient to cause the required work to be performed and completed. The unexpended money shall be returned to the depositor at the completion of such work, together with an itemized accounting of the cost.

(Ord. 825 § 5 (part); July 23, 1957)

The principal and surety shall hold the city blameless from any liability in connection with the work so performed by the city, its authorized agent, or contractor employed by the city. The city shall not be liable in connection with such work other than for the expenditure of said money.

(Ord. 825 § 5 (part); July 23, 1957)

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 city shall proceed without delay and without further notice of 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 its discretion. The balance, if any, of such cash deposit shall, upon completion of the work, be returned to the depositor or to his successor or assigns after deducting the cost of the work.

(Ord. 825 § 5 (part); July 23, 1957)

No performance bond shall be required from the state of California, political subdivision thereof, any governmental agency, or any person required to remove a structure declared by a government authority to be unsafe or a public nuisance.

(Ord. 825 § 5 (part); July 23, 1957)

Upon completion of the relocation of a building or structure within or into this city, the person owning said building or structure or his agent shall request a certificate of final inspection from the city building inspection department. The chief building inspector shall, upon receipt of said request cause an inspection to be made; and, if he finds that all provisions of this chapter have been satisfactorily complied with, he shall issue the certificate of final inspection.

(Ord. 825 § 6 (part); July 23, 1957)

Upon presentation of a certificate of final inspection to the city clerk, the city clerk shall make arrangements to release the bond or cash surety within thirty days therefrom to the person or firm depositing same, less any expenditures incurred by the city as outlined in Sections 14.24.260—14.24.360.

(Ord. 825 § 6 (part); July 23, 1957)

A. REQUIRED. Every person moving or wrecking a structure or causing the same to be done shall take out and maintain public liability insurance to protect against loss from liability for damages on account of bodily injury, including death, and to protect against loss for liability or damages to any property caused directly or indirectly by the moving of the structure.

B. AMOUNT OF POLICY. Such insurance policy shall be maintained in full force and effect during the moving or wrecking of the structure in amounts of not less than one hundred thousand dollars for one person injured in one accident and not less than three hundred thousand dollars for more than one person injured in one accident, and in an amount of not less than fifty thousand dollars with respect to any property damage aforesaid.

C. PROOF OF INSURANCE. Proof of insurance, acceptable to and approved by the city attorney, shall be filed with the city clerk and shall provide that copies of all cancellation notices shall be sent to the city.

D. PERMITTEE'S LIABILITY. The provisions of this section as to insurance shall not be construed as limiting in any way the extent to which the permittee may be held responsible for the payment of damages.

E. GOVERNMENTAL EXEMPTION. No such policy of insurance shall be required from the state of California, political subdivision thereof, or any governmental agency.

(Ord. 825 § 7, as amended by Ord. 1672 § 1; July 23, 1968)

Every person moving a structure shall comply with the following regulations:

(a) Move by licensed mover: No person except a licensed house mover shall move any structure; provided, however, that the owner thereof may move a structure from one part of a lot to another part of the lot or from one lot to another lot owned by him where the structure to be moved will not cross any street, alley, public property, or the property of another person. Structures under fourteen feet in height less than one hundred square feet in area, and having no horizontal dimension exceeding eighteen feet when entirely supported upon a suitable vehicle without the assistance of any additional wheels or rollers may be moved without engaging a licensed house mover therefor.

(b) Type "V" structure in fire zone one: No Type "V" structure shall be moved to a new location within fire zone number one.

(c) Liability of mover: A person moving a structure shall make good all damages or injuries caused by a moving of such structure.

(d) Width of tires, rollers: The wheels and rollers shall have sufficient tire or bearing width to prevent any grooving, marring, or damaging of any street, alley or public property.

(e) Posting of permit: The permit shall be posted near the front of the structure being moved.

(f) Storage for resale: Any structure moved to a storage lot for resale and not sold and moved therefrom within one year after the issuance of the permit authorizing the move to the storage lot shall be removed therefrom or wrecked if declared by a governmental authority to be unsafe or a public nuisance.

(g) Warning lights: Every structure located upon any street shall have an illuminated warning device placed at each corner of such structure and at the end of any projection thereof at all times between sunset and sunrise.

(h) Parking: No person moving a structure shall park such structure on any city street without the approval of the chief of police and the chief of the fire department. No such structure shall be parked on a city street where the structures adjacent to it are higher than the structure being moved.

(i) Emergency rerouting: In the event of an emergency requiring the use of city streets for a purpose with which the moving of the structure would interfere, the chief of police shall have authority to change the route of the move to avoid such interference.

(j) Abandonment of work: Failure of the permittee to complete the work authorized by the permits within the completion time specified in the original permit or extension thereof, or failure of the permittee to obtain a sixty day extension period as authorized in Section 14.24.220, when the work has not been completed within the completion time specified in the original permits, or failure of the permittee to make application for new moving and building permits within the completion time specified in the original permits or extension thereof shall constitute an abandonment of such work. The city (or its authorized agent or other person having a contract with the city so to do) shall, by such abandonment, be authorized to enter upon the premises and make and complete the required work and to recover such costs from the principal and/or surety.

(k) Restoration of former site: If a building or structure is being moved from a location within this city, the site from which said building or structure is removed shall be cleared of all foundations or portions thereof, shall have all loose combustible materials and debris removed therefrom, and all excavations shall be filled in with soil free of debris, all of which shall be accomplished within thirty days from the time said building or structure is removed.

(Ord. 825 § 8; July 23, 1957)

If the highest point of the structure when loaded and ready for moving is less than twenty feet above the ground surface, the cost of rearranging, protecting and restoring the equipment of any public utility affected shall be borne by the owner of such equipment, unless such structure is of such dimensions that such equipment must be protected, moved or relocated to provide horizontal clearance; in that event, the cost of protection, move or relocation shall be borne by the permittee.

(Ord. 825 § 10 (part); July 23, 1957)

The chief of police shall notify each public utility affected that an application for the moving of a structure has been filed and the route of such moving.

(Ord. 825 § 10 (part); July 23, 1957)

Within three working days after receipt of notice of moving and route, any public utility affected shall assent or submit its objections to such route and shall submit to the permittee an estimate of the cost of rearranging, protecting and restoring its plant and equipment which cost shall be borne by the permittee except as in this chapter provided.

(Ord. 825 § 10 (part); July 23, 1957)

Within three working days of receiving estimates of utility relocation costs, the permittee shall deposit with each such public utility affected the estimated cost plus a sum not to exceed fifteen percent of such estimated cost as an allowance for supervision or, in lieu of this if satisfactory to such public utility, a corporate surety bond.

(Ord. 825 § 10 (part); July 23, 1957)

Within four working days after notifying the permittee of estimated relocation costs, any public utility affected shall notify the chief of police whether the permittee has complied with the requirements of Section 14.24.440.

(Ord. 825 § 10 (part); July 23, 1957)

The chief of police shall not approve the application for a relocation permit unless all public utilities affected have notified him in writing that the permittee has complied with the provisions of Section 14.24.440, or unless seven working days have elapsed since the chief of police has notified any public utility affected and such public utility has failed to notify him of such compliance.

(Ord. 825 § 10 (part); July 23, 1957)

Upon issuance of the relocation permit, the chief of police shall notify any public utility affected of the time when and the route over which such moving will occur.

(Ord. 825 § 10 (part); July 23, 1957)

Such public utility must within thirty days from the completion of the moving and the restoration of the equipment involved present an itemized bill of the actual cost of such rearranging, protecting and restoring plus an allowance for supervision not exceeding fifteen percent of such actual cost. The public utility shall return to the permittee the unused balance of any cash deposit.

(Ord. 825 § 10 (part); July 23, 1957)

No such cash deposit or surety bond, as established in this chapter, will be required from the state of California, any political subdivision thereof, or any governmental agency.

(Ord. 825 § 10 (part); July 23, 1957)

Every person salvaging or wrecking a structure shall comply with all of the following regulations:

(a) Wrecking by licensed person: No person except a person properly licensed therefor shall salvage or wreck any structure; provided, however, that the owner of a structure may salvage or wreck his own structure provided he owns the property on which his structure stands.

(b) Damages: A person wrecking or salvaging a structure shall make good all damage or injuries caused by such salvaging or wrecking.

(c) Dust: Dry or dusty materials or debris must be wet down to lay the dust.

(d) Combustibles and excavations: All combustible materials or debris remaining at the site at the completion of the work must be removed and all excavations filled in with soil free of debris.

(e) Posting of permit: The permit shall be posted on the structure being wrecked or in the immediate vicinity thereof.

(f) Time limit: The wrecking or salvage operation of any building or structure shall be completed within thirty days of the time it is begun except that the chief building inspector may grant one extension of an additional thirty days for good cause.

(Ord. 825 § 9; July 23, 1957)

Fees established by city council resolution shall be paid to the city building inspection department prior to the issuance of a relocation or wrecking permit.

(Ord. 825 § 11 (part); July 23, 1957: Ord. 2459 § 23; August 11, 1987)

No fee will be charged for the issuance of such permit to the state of California, any political subdivision thereof, any governmental agency, or to any person required to wreck or remove a structure declared by governmental authority to be unsafe or a public nuisance.

(Ord. 825 § 11 (part); July 23, 1957)

(Repealed by Ord. 2459 § 21; August 11, 1987)