Madera Municipal Code Ch. 9 Moving of Buildings

It shall be unlawful for any person to move any building in the city from one lot or parcel of property to another lot or parcel of property, or from one place to another place upon the same lot or parcel of property, or to move any building into the city from outside the city without first securing a permit so to do from the Council.

('61 Code, § 9-9.01) (Ord. 35 C.S., passed 9-4-62; Am. Ord. 40 C.S., passed 12-19-62)

(A) All applications for a permit to move any building shall be made in writing to the Planning Commission through the office of the Planning Engineer, accompanied by a fee as established by resolution of the City Council, and shall contain the following information:

(1) A description of the type of building to be moved;

(2) The present location of the building;

(3) The proposed location of the building; and

(4) The route over which the building is to be moved and the method to be used in moving the building.

(B) Upon receipt of the designated fee and an application in proper form, the Planning Engineer shall cause such application to be placed upon the agenda of the Planning Commission meeting at its regular meeting following receipt of such application and the posting of property as provided in § 9-9.03 of this chapter.

('61 Code, § 9-9.02) (Ord. 35 C.S., passed 9-4-62; Am. Ord. 40 C.S., passed 12-19-62; Am. Ord. 143 C.S., passed 2-4-70; Am. Ord. 323 C.S., passed 9-17-79)

(A) Not less than seven days prior to the date upon which the application for a permit is to be heard by the Planning Commission, the Planning Engineer shall post or cause to be posted, a notice in two conspicuous places upon the property to which the building is to be moved and upon the property from which the building is to be moved, which notice shall contain the following information:

(1) The date on which the applicant will present to the Planning Commission his or her application for a permit to move a building;

(2) A description of the type of building to be moved;

(3) The present location of the building; and

(4) The proposed location of the building.

(B) The Planning Engineer shall, at the time of, or prior to, the hearing of the Planning Commission, file with the Secretary of the Planning Commission an affidavit attesting to the posting as required by this section.

('61 Code, § 9-9.03) (Ord. 35 C.S., passed 9-4-62; Am. Ord. 40 C.S., passed 12-19-62)

(A) At the time fixed in such notice any person may appear before the Planning Commission and produce evidence in support of, or in opposition to, the granting of a permit. After hearing the application and receiving evidence in connection with such application, the Planning Commission shall, at its discretion, either grant or deny the permit; provided, however, before granting a permit the Planning Commission shall find that:

(1) All requirements for the issuance of a permit have been or can be met by the applicant; and

(2) The building or structure is not too large, or in such a state of deterioration, disrepair, or so structurally unsafe, that it cannot be moved without endangering persons or property in the city; and

(3) The building is structurally safe and fit for the purpose for which it is moved if the location to which it is to be moved is within the city; and

(4) The applicant's equipment is safe and that neither persons nor property would be endangered by its use; and

(5) All zoning, building, subdivision, and any other rules, regulations, or statutes have been or can be complied with if the building is relocated as requested by the applicant; and

(6) The moving of the building will not be detrimental to the health, safety, or general welfare of the neighborhood or area to which the building is to be moved.

(B) The applicant for any permit to move a building shall have the burden of proving the existence or non-existence of facts necessary to enable the Planning Commission to make the above findings.

('61 Code, § 9-9.04) (Ord. 35 C.S., passed 9-4-62; Am. Ord. 40 C.S., passed 12-19-62)

The Planning Commission, if it finds that a permit should be granted, may impose any reasonable conditions upon the applicant which may, in the Planning Commission's discretion be required for the safe orderly movement of the building or placement thereof in any particular location within the city, including, but not necessarily limited to, requiring the applicant to provide insurance coverage in limits specified by the Planning Commission protecting the applicant and the city and its elected officers, boards, commissioners, and employees from any claims for injuries to persons or damage to property arising out of the moving of any building, a bond or cash deposit in such amount as deemed necessary by the Building Inspector to guarantee payment to the city for any damage which the applicant may cause to any public property, streets, sidewalks, trees, shrubs, or other objects arising out of the movement of any building, and a performance bond to guarantee that any such building shall be brought to Building Code standards within the time prescribed by the Planning Commission.

('61 Code, § 9-9.05) (Ord. 35 C.S., passed 9-4-62; Am. Ord. 40 C.S., passed 12-19-62)

Any person aggrieved by the decision of the Planning Commission may appeal such decision to the Council as provided in this code; provided, however, such appeal shall be filed with the City Clerk within five days after the decision of the Planning Commission. Upon receipt of any such appeal, the City Clerk shall cause the same to be placed upon the agenda of the Council meeting next succeeding such filing. Pending a hearing by the Council of such appeal, no permit issued by the Planning Commission shall have any force or effect.

('61 Code, § 9-9.06) (Ord. 35 C.S., passed 9-4-62; Am. Ord. 40 C.S., passed 12-19-62)

The requirements of this chapter shall be in addition to any other regulations or requirements which may be contained in this code or in resolutions of the city relating to the construction, alteration, or movement of buildings or the granting of permits therefor.

('61 Code, § 9-9.07) (Ord. 40 C.S., passed 12-19-62)

No person shall move any building or structure from within the city to outside the city limits without first securing a permit from the City Engineer so to do. The City Engineer is authorized and directed to issue permits for the moving of buildings or structures outside the city limits subject to the condition that an applicant for such a permit produces evidence of insurance coverage, in an amount determined to be adequate by the City Engineer, to protect the applicant and the city, and its elected officers, boards, commissions, and employees, from any claim for injuries to persons or for damage to property arising out of the moving of any such building, and that the applicant delivers to the City Engineer a bond or cash deposit in such amount as may be deemed necessary by the City Engineer to guarantee payment to the city for any damage which the applicant may cause to any public property, streets, sidewalks, trees, shrubs, or other objects arising out of the movement of any such building. Such insurance or deposit may be submitted by the applicant or by a licensed house mover hired by the applicant and in such form to adequately provide the protection required by this section, even though the coverage or deposit is not in the exact form as stated in this section.

('61 Code, § 9-9.08) (Ord. 47 C.S., passed 5-15-63)