Lemoore Municipal Code Ch. 3 Moving Buildings

For the purposes of this Chapter, the following terms, phrases and words and their derivatives shall have the meanings given herein:

BUILDING: A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure containing not more than one hundred fifty (150) square feet shall not fall within this definition.

BUILDING INSPECTOR: The Building Inspector of the City of Lemoore.

CITY: The City of Lemoore.

PERSON: Any person, firm, partnership, association, corporation, company or any organization of any kind. (1975 Code §12-3.01)

A. Permit Required: No person shall move any building over, along or across any highway, street or alley in the City without first obtaining a permit from the Building Inspector. (1975 Code §12-3.02)

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

The application shall be made in writing, upon forms provided by the Building Inspector, and shall include a plot plan of the proposed location to which the building is to be moved and shall be filed in the office of the Building Inspector.

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 or such other description as will adequately describe said lot together with the street address, 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 or such other legal description as will adequately describe said lot together with the street address, 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. Proposed moving date and hours;

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

C. 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 is entitled to move the building.

D. Permit Fee: The application shall be accompanied by a permit fee in the amount of one hundred dollars ($100.00) plus such amount as is determined to be due on the building permit. If the building to be moved is located outside the City, such fee shall be augmented by a charge of twenty five cents (25¢) per mile beyond the City limits for one way. (1975 Code §12-3.03)

E. Deposit for City Expenses: Upon receipt of an application, it shall be the duty of the Building Inspector to make 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. Prior to issuance of the permit the Building Inspector shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense. (1975 Code §12-3.04)

F. Indemnity Deposit or Bond in Lieu Thereof:

1. An application hereunder shall be accompanied by a cash deposit in the sum of five hundred dollars ($500.00) as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street, alley, sidewalk, fire hydrant or other property of the City which may be caused by or be incidental to the removal of any building over, along or across any street in the City and to indemnify the City against any claim or damages to persons or private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street.

2. 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 company or surety company authorized to do business in the State of California in the penal sum of one thousand dollars ($1,000.00), conditioned upon the assurance that this Chapter and other applicable ordinances will be complied with. Such bond shall run to the City for the use and benefit of any persons or person, including the City, 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, nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted.

3. Either the cash deposit or the bond deposited as above provided shall be retained to insure that the building to be moved is completed and that the permittee has in all respects complied with the terms of the permit and the provisions of Section 8-3-3 hereof. (1975 Code §12-3.05)

G. Insurance Requirements: Any person filing an application hereunder shall file with the Building Inspector liability insurance policies, issued by an insurance company authorized to do business in the State of California, approved as to form by the City Attorney, in the amount of twenty five thousand dollars ($25,000.00) for liability and fifty thousand dollars ($50,000.00) for personal injury, and five thousand dollars ($5,000.00) property damage. (1975 Code §12-3.05; 1989 Code)

H. Standards for Issuance of Permit; Inspection: The Building Inspector shall refuse to issue a permit if he finds:

1. That any application requirement or any fee or deposit requirement has not been complied with.

2. That the building is too large to move without endangering persons or property in the City.

3. That 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. That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City.

5. That the applicant's equipment is unsafe and that persons and property would be endangered by its use.

6. That zoning or other ordinances would be violated by the building in its new location 1 .

7. That for any other reason persons or property in the City would be endangered by the moving of the building.

The Building Inspector shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met. (1975 Code §12-3.06)

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 twenty four (24) hours after the damage or injury has occurred.

D. Comply with Governing Laws: Comply with the Building Code 2 , the Fire Zone, the Zoning Ordinance 3 and all other applicable ordinances and laws upon relocating the building in the City and any conditions imposed by the building permit or the permit to be issued hereunder by the City officers.

E. Clear Old Premises: If the premises from which the building or structure is removed is in the City, he shall remove all rubbish, materials and foundations and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition. (1975 Code §12-3.07)

If the premises from which the building or structure is removed is situated in the City and are left in an unsafe condition by the permittee, the City may proceed to do the work necessary to bring the premises to a safe and sanitary condition and the cost thereof shall be charged against the permittee and collected from his deposit or as provided in Section 8-3-4 hereof. (1975 Code §12-3.08)

F. Remove Service Connections: If the premises from which the building or structure is removed is in the City, he shall arrange with the City Sewer and Water Department to have the sewer and water services turned off and notify the gas and electric companies to remove their services. (1975 Code §12-3.07)

The permittee shall be liable for any expense, damage 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 amounts.

The Building Inspector and Police Department shall enforce and carry out the requirements of this Chapter. (1975 Code §12-3.08)