Lathrop Municipal Code Ch. 15.44 Moving of Buildings

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Building"

means any structure, or any section or portion thereof, used or intended for supporting or sheltering any use or occupancy.

"Building official"

means the person whose duty it is to administer and enforce building regulations and issue building permits on behalf of the city or his or her authorized representative.

"House mover"

means any person who carries on, conducts or engages in the business of moving or transporting buildings for compensation, or any person who moves or transports any building over, upon or along any street, alley or public place in the city.

(Prior code § 156.01)

A. Demolition Permit Required. Before any building, house or structure can be removed from a lot within the city a demolition permit must be obtained.

B. House Moving Permit—Fee Required. Before any building, house or structure is moved through any portion of the city, the house mover shall obtain a moving permit from the city for each separate structure or portion of a structure. A fee as set by resolution of the city council shall be charged for each moving permit.

C. Moving Bond Required. Any house mover or other person who moves or transports any building or structure along any street, alley or other public place in the city shall deposit with the building official a good and sufficient surety company bond in the sum of $5,000 for each moving job, or in lieu of posting a bond for each job, may post a blanket bond in the sum of $10,000. All bond forms shall be approved by the city attorney.

D. Authority of Public Works Director. The public works director of the city shall have the right to inspect all rollers, trucks, wheels, dollies, tractors or other apparatus proposed to be used in the moving operations; and he or she shall be the sole judge as to the adequacy of such equipment and may require the use of such apparatus as in his or her judgment will not cause injury to streets or pavements. Any permit issued under this chapter shall stipulate that all equipment used in moving operations shall be subject to the approval of the public works director.

E. Police Department to Issue Travel Route and Time of Travel. Any house mover or other person, firm or corporation moving any house, building structure or a portion thereof within the city or through the city shall first check the travel route and time of travel with the police department.

F. Interference with Utility Property Prohibited. No house mover shall interfere in any manner whatsoever with any property of any public utility, notwithstanding anything in the permit granted by the building official.

G. Damage to Streets. In case of damage to any street by reason of the moving of any building or structure, or section or portion thereof, the public works department shall do such work as may be necessary to restore the street to as good a condition as the same 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. Such damages as occur may be recovered from the surety bond required by subsection C above.

H. Exceptions. The provisions of this section shall not apply where the relocation involved is that of moving such building to a site outside of the city limits or moving a building through the city.

(Prior code § 156.02)

A. Approval Process. Before any existing building, house or structure of any type whatsoever may be moved from outside the city limits of the city, or from one location within the city to another location within the city limits of the city, an inspection of the building for such moving must be performed by the building department. The owner of such property shall cause the walls, ceilings, and partitions to be exposed, so that the building official may make such physical and/or mechanical inspections of the structure as he or she may deem necessary to determine that the structure is of sufficiently sound construction that the structure can be made to comply with all the requirements of new construction. An investigation report will be submitted to the planning department recommending approval or denial. The fee for this inspection and report is to be determined by the city's fee schedule. If the structure is deemed suitable for moving, then an application shall be made to the planning department for site plan review.

B. Application.

1. Whenever an existing building, house or structure is proposed to be moved from its present location outside the city to a new location within the city, or from one location within the city to another location within the city, the house mover or other person, firm or corporation moving a house, building or structure shall, prior to moving, file an application for approval with the planning department. The application shall contain the following information in addition to all other information required for site plan review. The application shall contain:

a. Present location of building to be moved;

b. Site to which it is proposed to relocate the building;

c. Route proposed to be followed in moving the building;

d. Detailed plans and specifications which will include the square footage of the existing structure, any additions, repairs, exterior and interior alterations, together with such other plans and plats that may be required by any other ordinance of the city;

e. Two sets of photographs at least eight inches by 10 inches in size, showing clearly and distinctly the front, rear and both sides of the building or structure;

f. Height on dollies, width and length of buildings;

g. A statement attached to the application by a qualified specialty contractor, currently licensed by the state to perform such work, to the effect that such building is substantially free from serious rot or fungus, termites or similar defects;

h. Application for a plan check and all building and demolition permits as are required;

i. A detailed cost breakdown for the work proposed to make the structure comply with all of the building, plumbing, mechanical, electrical, and fire codes as applied to new construction;

j. The location of all utilities, wells, and the like.

2. Any application for a permit to move any building, house or structure may be denied if such building, house or structure cannot be fully altered or rehabilitated to conform to the laws and ordinances of the city or for any other valid reason. In making the determination, the planning commission shall consider, but not be limited to the following factors:

a. That the structure's proposed use complies in all respects with the zoning code of the city;

b. That the structure shall not be older than the majority of structures in the immediate neighborhood to which such structure is to be moved, and shall not be in a dilapidated, obsolete or deteriorated condition, which in any manner may result in or tend to lessen the economic values of other properties or be detrimental to the neighborhood in which such structure is to be moved;

c. That the structure must be generally similar in type to structures in the general area to which it is to be moved.

3. No building, house or structure shall be moved from without the city to within the city, or from one location within the city, without express approval of the proposal by the planning commission of the city.

4. Permission may be granted by the planning commission if all the requirements set forth in this chapter are complied with. If permission is granted, the applicant shall receive a conditions of approval pursuant to moving the building, house or structure to within the city limits of the city, or from one location within the city to another location within the city. The conditions shall state the site where the building is to be permanently located, and any other conditions that may apply. The building official may issue a building permit only after the approval by the planning commission and all other agencies involved has been granted, and the construction plans have been approved.

5. The decision of the building department, or the planning commission, in granting or denying approval to move an existing building, house or structure may be appealed to the city council, whose decision shall be final and conclusive. The appeal fee shall be as determined by the fee schedule of the city.

C. Zoning Requirements. All buildings, houses or structures moved into the city, or from one location to another location within the city, shall conform to all regulations, including the zoning code of the city, in which they are to be located, or they shall be made to conform to this chapter.

D. Application Fee. An application fee shall accompany each application. The fee is based on the city's fee schedule and is to recompense the city for expenses involved in the approval process.

E. Relocation bond. Prior to the issuance of a permit to move a building or structure to a location within the city, the owner or lessee of the property on which the building or structure is to be located shall file with the building official a surety company bond executed by such owner, or lessee as a principal, and with conditions as follows:

1. That all work required to be done to complete the removal, relocation, alterations and reconstruction of the building or structure pursuant to the conditions of said permit and conditions of approval shall be fully performed and completed within 90 days of the effective date of approval. Such bond shall be in a penal sum equal to 125% of the estimated cost as determined by the building official of the work proposed to be done, and shall name the city as obligee;

2. In the event the holder of the permit does not cause the work to be completed in accordance with the conditions of the permit within 90 days after the date of issuance of the permit, or of any extension that may be granted by the building official, when, in his or her discretion, circumstances shall so justify. No such extension shall release any surety, and in no case shall the extension or series of extensions combine to exceed a total period elapsed time in excess of six months. Applications for extension of time must be presented in writing prior to the 90-day expiration time. In lieu of such surety bond, the owner or permittee may post a bond executed by him or her as principal and secured by a deposit of cash in the amount of the bond.

(Prior code § 156.03)

Any person who shall violate any of the provisions of this chapter shall be subject to the enforcement and penalty provisions of Chapter 15.36.

(Prior code § 156.99; Ord. 01-191 § 25)