McFarland Municipal Code Ch. 15.08 Building Relocation

The following words, when used in this chapter, shall have the following meanings:

A. "Building inspector" means the building inspector of the city, or his authorized representative.

B. "Board of appeals" means the board of appeals created pursuant to the provisions of the city's Uniform Building Code.

(Ord. 207 §1, 1987)

Within the city limits a person shall not relocate on or move onto any premises any building or structure, except a contractor's tool house, construction building or similar structure which is moved as construction requires, until he first obtains from the building inspector a relocation permit.

(Ord. 207 §2, 1987)

Every application to the building inspector for a relocation permit shall be in writing upon a form furnished by the building inspector and shall set forth such information as the building inspector may reasonably require in order to carry out the purpose of this chapter.

(Ord. 207 §4, 1987)

Except as otherwise provided in this chapter, the building inspector shall not issue a relocation permit for any building or structure which:

A. Is so constructed or in such a condition as to be dangerous;

B. Is infested with pests or is unsanitary;

C. If it is a dwelling or habitation is unfit for such use;

D. Is so dilapidated, defective, unsightly or in such a condition or deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district within a radius of one thousand feet from the proposed site;

E. If the proposed use is prohibited under any zoning ordinance or other land use ordinance of the city;

F. If the structure is of a type prohibited at the proposed location by this or by any other law or ordinance.

(Ord. 207 §5, 1987)

A. If the condition of the building or structure in the judgment of the building inspector admits of practicable and effective repair he may issue a relocation permit upon conditions provided in this chapter.

B. The building inspector, in granting any relocation permit, may impose thereon such terms and conditions as he may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, additions or repairs to be made in or upon the building or structure, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district, as hereinabove limited, to which it is to be moved.

(Ord. 207 §6, 1987)

If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot be practicably and effectively made, the building inspector shall deny the permit.

(Ord. 207 §7, 1987)

A. In order to determine any of the matters presented by the application, the building inspector may cause to be made any investigation which he believes necessary or helpful and he may refer the matter for further investigation to the board of appeals.

B. If the board of appeals deems it necessary or expedient so to do, it may set any such application for hearing before a member of the board or representative thereof and cause such notice of the time and place and purpose thereof to be given as the board may deem appropriate. Thereafter the findings of the hearing shall be reported to the board for its consideration along with any other information before it.

(Ord. 207 §8, 1987)

The terms and conditions upon which each permit is granted shall be written upon the application or appended thereto in writing.

All fees deemed necessary or appropriate by the city council with regard to the subject matter in this Chapter 15.08 may be established or modified by a duly adopted resolution of the city council.

(Ord. 207 §9, 1987)

(Ord. No. 287-2003, § 1(c), 5-13-04)

The building inspector shall not issue a relocation permit unless the permittee, or authorized agent, first posts with the building inspector a bond executed by the permittee, as principal, and by a surety company authorized to do business in the state, as surety, or makes a cash deposit as provided in this chapter.

(Ord. 207 §10, 1987)

The surety bond required by this chapter shall:

A. Be in form joint and several;

B. Name the city as obligee; and

C. Be in an amount of fifteen thousand dollars.

(Ord. 207 §11, 1987)

The cash deposit, if made in place of a surety bond, shall also be fifteen thousand dollars.

(Ord. 207 §12, 1987)

Neither a surety bond nor a cash deposit need be posted in the following cases:

A. In any case where the building inspector finds that the only relocation involved is that of moving a building temporarily to the regular occupied business premises of a house mover or that of moving a building to an adjacent property of the same owner, and that no such security is necessary in order to assure compliance with the requirements of this chapter;

B. Upon a written request by any nonprofit organization or any agency of the city, the county, the state or the United States government, the surety bond and/or the cash deposit may be waived by the city manager.

(Ord. 207 §13, 1987)

(Ord. No. 002-2010, § 1, 2-11-10)

Every surety bond posted and every cash deposit made pursuant to 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 building inspector;

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. If no time limit is specified, the work shall be completed within ninety days after the date of the issuance of the relocation permit. The time limit specified in this subsection or the time limit specified in any permit issued within the provisions of this chapter may be extended for good and sufficient cause, either before or after the time period has expired, by a written order of the building inspector.

(Ord. 207 §14, 1987)

Whenever the building inspector finds that a default has occurred in the performance of any term or condition of any relocation permit, he shall give written notice thereof to the principal and to the surety on the bond.

(Ord. 207 §15, 1987)

A. In a notice of default the building inspector shall state the work to be done, the estimated cost thereof, and the period of time deemed by him to be reasonably necessary for the completion of the work.

B. After receipt of a notice of default, the surety, within the time therein specified, shall cause the required work to be performed.

(Ord. 207 §16, 1987)

If a cash bond has been posted the building inspector shall give notice of default, as provided in Section 15.08.140, to the principal, and if compliance is not had within the time specified the building inspector shall proceed without delay and without further notice or proceeding whatever, to use the cash deposit or any portion of the deposit to cause the required work to be done by contract or otherwise in his discretion. The balance, if any, of such cash deposit, upon the completion of the work, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus ten percent thereof.

(Ord. 207 §17, 1987)

When any default has occurred on the part of the principal under the preceding provisions of this chapter, the surety, at its option, in lieu of completing the work required, may demolish the building or structure and clear, clean and restore the site.

(Ord. 207 §18, 1987)

The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the building inspector of the performance of all the terms and conditions of the relocation permit.

(Ord. 207 §19, 1987)

When a cash bond has been posted, the building inspector shall return the cash to the depositor or his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided.

(Ord. 207 §20, 1987)

The building inspector, the surety and the duly authorized representatives of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work.

(Ord. 207 §21, 1987)

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 building inspector, or any person employed or engaged on his behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure. The owner, his representative, successor or assign, or any other person who interferes with or obstructs the ingress or egress to or from such premises, or any unauthorized representative, or agent of any surety or of the city engaged in the work of completing, demolishing or removing any 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 is guilty of a misdemeanor.

(Ord. 207 §22, 1987)