Los Banos Municipal Code Ch. 2 Building Moving

(a) Relocation permits. No person shall relocate any building or structure, or any portion thereof, upon any premises in the City without a permit therefor from the City Inspector; provided, however, such permit shall not 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. Such permit may be referred to as a "relocation permit."

(b) House mover's permits. 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."

(§§ 1 and 2, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

Every application made to the City 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 City Inspector may reasonably require in order to carry out the purposes of this chapter. The application shall have attached thereto:

(a) A photograph of the building:

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

(c) The plan of reconstruction.

(§ 3, Ord. 289)

Upon the filing of an application for a relocation permit, the City Clerk shall refer the matter to the City Inspector, who shall conduct such investigation as may be necessary to determine whether or not the relocation permit should be issued and the conditions which may attach to the permit when issued. If the City Inspector shall be required to go outside the City for such inspections, there shall be an additional charge of fifteen (15¢) cents per mile.

(§ 4, Ord. 289)

No permit shall be issued to relocate any building or structure which, in the opinion of the City Inspector, is so constructed or in such condition as to be dangerous; or which is infested with pests or unsanitary; or which, if a dwelling for habitation, is unfit for human habitation; or which is so dilapidated, defective, unsanitary 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 three hundred feet from the proposed site; or if the proposed use is prohibited by the zoning laws of the City; or if the structure is of a type prohibited at the proposed location by any fire zone law or by any other law; provided, however, if the condition of the building or structure, in the judgment of the City Inspector, admits of practicable and effective repair, the permit may be issued subject to appropriate conditions as set forth in Section 8-2.05 of this chapter. If the unlawful, dangerous, or defective condition of the building or structure proposed to be relocated is such that remedies or corrections cannot practicably and effectively be made, the permit shall be denied.

(§ 5, Ord. 289)

If the granting of a relocation permit is not prohibited by the provisions of Section 8-2.04 of this chapter, the City Inspector may, after the necessary investigation, authorize the City Clerk to issue the permit and, in authorizing such permit, may impose such terms and conditions as the City Inspector may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, additions, or repairs to be made to or upon the building or structure to the end that the relocation thereof will not be materially detrimental to the public welfare or to the property and improvements, or either, in the district within a radius of three hundred (300′) feet of the proposed site to which the building or structure is to be moved.

(§ 6, Ord. 289)

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. Such bond, which shall be joint and several in form, shall name the City as obligee and shall be in an amount equal to the cost, plus 10% of the work required to be done in order to comply with all the conditions of the relocation permit, as such cost is estimated by the City Inspector. In lieu of a surety bond, the applicant may post a bond executed by such owner, as principal, which bond is secured by a deposit in cash in the amount set forth in this section and conditioned as required in the case of a surety bond. For the purposes of this chapter, such bond so secured shall be referred to as a cash bond.

(§ 7, Ord. 289)

Every bond posted pursuant to the provisions of this chapter shall be conditioned as follows:

(a) That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the City Inspector; and

(b) That 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. The time limit set forth in this section or the time limit specified in any permit may be extended for good and sufficient cause by the City Inspector. No such extension of time shall be valid unless written, and no such extension shall release any surety on any bond.

(§ 8, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

The term of each bond posted pursuant to the provisions of this chapter shall begin upon the date of the posting thereof and shall end upon completion to the satisfaction of the City Inspector of the performance of all of the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the City 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 or her successors or assigns upon the termination of the bond, except any portion thereof which may have been used or deducted as set forth in this chapter.

(§ 10, Ord. 289)

(a) Notices of default. Whenever the City Inspector shall find that a default has occurred in the performance of any term or condition of the relocation permit, written notice thereof shall be given to the principal and to the surety of the bond.

(b) Notices of default: Form. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the City Inspector to be reasonably necessary for the completion of such work.

(c) Corrections of default: Surety bonds. 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 to the City Inspector the estimated cost of doing the work, as set forth in the notice, plus an additional sum equal to 10% of the estimated cost. Upon the receipt of such moneys, the City 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 therefor other than the expenditure of the sums on hand therefor.

(d) Corrections of default: Cash bonds. If a cash bond has been posted, the notice of default shall be given to the principal and, if compliance is not completed within the time specified, the City 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 City Inspector. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his or her successors or assigns, after deducting the cost of the work, plus 10% thereof.

(e) Options to demolish. When any default in the performance of any term or condition of the relocation permit has occurred on the part of the principal, 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 defaults, the City Inspector shall have the same option.

(f) Right of entry. In the event of any default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, or the City 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 demolish the building or structure.

(g) Interference with work. 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 engaged 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 thereof.

(§ 9, Ord. 289)

A separate application for a house mover's permit, upon a form provided by the Director of Public Works, shall be filed for the moving of each separate building or structure, or portion of a building or structure. Each such application shall include the following information:

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

(b) The street location or other identifying description to which it is proposed the building or structure be moved and the route over, along, across, and upon which such building or structure, or section or portion thereof, is to be moved:

(c) The number of sections in which the building or structure will be moved; and

(d) The time when it is proposed the building or structure shall be moved and within which removal will be completed.

(§§ 11 (b) and (c) and 12, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

Immediately upon the receipt of an application for a house mover's permit, the Director of Public Works shall 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 thereto. If the moving would damage such trees, he shall prescribe another route which will not cause such damage. If the moving of the building requires any tree trimming, such tree trimming shall be performed by a tree trimmer designated by the Director of Public Works, and a charge of Fifteen and No/100ths ($15.00) Dollars per hour shall be made for the services of such tree trimmer.

(§ 13, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

A separate house mover's permit shall be obtained for the moving of each separate building or structure, or portion of a building or structure. No house mover's permit shall be issued until the City 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 those premises when such permit is required by the provisions of this chapter as set forth in Section 8-2.01 of this chapter.

(§§ 2 and 11 (a), Ord. 280)

(a) Special. No house mover's permit shall be issued until the applicant therefor shall have deposited One Hundred and No/100ths ($100.00) Dollars with the Director of Public Works.

(b) General. Any house mover may make and maintain with the Director of Public Works a general deposit of Two Hundred Fifty and No/100ths ($250.00) Dollars. While such general deposit is maintained, such house mover shall not be required to make the special deposit set forth in subsection (a) of this section, but he shall be required to comply with all the provisions of this chapter.

(c) Deductions. There shall be deducted from such deposit the sum of Ten and No/100ths ($10.00) Dollars as a permit fee; the cost of the tree trimmer provided for in Section 8-2.11 of this chapter; the cost of the services of the inspector provided for in Section 8-2.14 of this chapter; the cost of the police escort provided for in Section 8-2.15 of this chapter; and the cost of repairs, if any, made by the Director of Public Works as set forth in Section 8-2.16 of this chapter.

(d) Refunds. The remainder of such deposit, if any, shall be refunded to the person making such deposit or to his or her assigns.

(e) Insufficient sums. In the event the deposit made 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, upon demand, shall pay to the Director of Public Works a sufficient sum to cover all such costs. Upon failure to pay such sum, it may be recovered by the City in any court of competent jurisdiction.

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

(§§ 14 and 19, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

Every building or structure, or section or portion thereof, moved over, upon, along, or across any street shall be moved under inspection and supervision. 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, in the event 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 inspections and supervision in each case shall be for such time as the Director of Public Works shall deem necessary for the performance of such services, and a charge of Twelve and No/100ths ($12.00) Dollars for each two hours, or fraction thereof, shall be made for the time required for such inspections and supervision.

(§ 15, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

The Director of Public Works shall notify the Chief of Police of the time of moving buildings 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 of Ten and No/100ths ($10.00) Dollars per hour, or fraction thereof, shall be made therefor.

(§ 16, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

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 of 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.

The Director of Public Works may direct that steel or rubber-tired dollies may be used where any building or structure is to be moved on an unimproved or oil gravel street.

In the event of damages to any street 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 damages and shall charge the costs thereof to the house mover to whom the permit was issued for the moving of such building or structure, or section or portion thereof.

(§§ 17 and 18, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

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 thereof while such building or structure, or any part thereof, is located in or upon any street, alley, or sidewalk.

(§ 20, Ord. 289)

In the event the equipment of the house mover is not sufficient for the work required, or if the street or the use thereof or the property of any public utility will 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, 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.

(§ 17, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

Any person aggrieved by any decision of the City Inspector or Director of Public Works in carrying out the provisions of this chapter, within five days after such decision, may 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.

(§ 21, Ord. 289, as amended by § 3, Ord. 759, eff. January 16, 1987)

Any person violating any of the provisions of this chapter, or who shall violate or fail to comply with any order made thereunder or any certificate or permit issued thereunder from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Council or by a court of competent jurisdiction within the time fixed therein, for each and every separate violation and noncompliance, respectively, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code. The imposition of one penalty for any violation of the provisions of this chapter shall not excuse the violation or permit it to continue, and any such person violating the provisions of this chapter shall be required to correct or remedy such violation or defect within a reasonable time, and, when not otherwise specified, each 10 days prohibitive conditions are maintained shall constitute a separate offense. The application of the penalties set forth in this section shall not be held to prevent the enforced removal of a prohibitive condition.

(§ 24, Ord. 289)