Merced Municipal Code Ch. 12.20 Moving Buildings

It is unlawful for any person to move or cause to be moved any building or structure into, upon, across, along or over the public streets, alleys or highways in the city, or otherwise to obstruct the free passage and use of the streets, alleys or highways, without complying with the provisions of this chapter, and, when applicable, the provisions of the building code.

(Prior code § 24.29).

No person shall move or have moved any building or structure into, upon, across, along or over the streets, alleys or highways of the city without first obtaining a permit as required by this chapter.

(Prior code § 24.30).

Any person desiring to move or have moved any building or structure into, upon, across, along or over the streets, alleys or highways shall file an application far a permit in writing, signed by such person with the city engineer setting forth and specifically describing the size, type of construction and location of the building or structure to be moved; the route over which the building or structure is to be moved; the location to which the building or structure is to be moved, and the time when such building or structure is to be moved.

(Prior code § 24.31).

Upon the filing of any application under Section 12.20.030 it shall be the duty of the city engineer to determine if the building or structure can be moved along the route proposed with safety and without serious inconvenience to the public and in conformity with the provisions of this chapter and the laws of the state applicable thereto. In the event it appears that the building or structure can be moved along the route proposed with safety and without serious inconvenience to the public and in conformity with the provisions of this chapter and the laws of the state applicable thereto, it shall be the duty of the city engineer to notify the person desiring to move such building or structure that a permit therefor will be issued upon compliance by such person with the provisions of Section 12.210.050. In the event it appears that the moving along the route proposed of such building or structure cannot be accomplished with safety or without serious inconvenience to the public and in conformity with the provisions of this chapter and the laws of the state applicable thereto, then and in that event it shall be the duty of the city engineer to notify such person of his decision and the reasons therefor.

(Prior code § 24.32).

No permit shall be granted by the city engineer for the moving of any building or structure until the applicant has filed a bond executed t0 the city in the sum of one thousand dollars. The bond shall be for the benefit of the owners of any and all property, either public or private, which is lawfully maintained on any street, alley or highway within the city and shall be signed by two good and sufficient sureties who shall justify for the amount of the bond over and above all their just debts and liabilities and over and above all property owned by such sureties which is exempt from execution, or in lieu thereof such bond may be executed by a surety company authorized to transact business in the state. Such bond shall be filed with the city engineer for his approval.

(Prior code § 24.33 (part)).

The condition of the bond shall be that if the moving of any building or structure into, upon, across, along or over any street, alley or highway fully complies with the provisions of this chapter and that if the principal on such bond pays any and all damages to the streets, alleys or highways and to any and all property, either public or private, lawfully thereon which may result by reason of the moving of any building or structure in the city by the principal, or by the employees, agents, contractors or servants of such principal, then the obligation shall be void, but in the event such principal fails faithfully to comply with any provisions of this chapter and refuses to comply with such provision after notice from the city engineer, then the city engineer may cause the streets, alleys or highways into, upon, across, along or over which such building or structure was moved to be cleaned of all debris and all damage to the streets, alleys, highways and public or private property, including fireplugs, hydrants, sewers, manholes, culverts and the like, and the wires, apparatus and appurtenances of any police, fire alarm and public utility system, and any other wires, apparatus, appurtenances and public or private property lawfully thereon, to be repaired or replaced and the actual cost and expense of such work shall be collectible from the principal and surety or sureties on such bond.

(Prior code § 24.33 (part)).

All bonds as required in this chapter must be renewed on the first day of July of each year.

(Prior code § 24.33 (part)).

The fling of the bond provided for in this chapter by any person desiring to move any building or structure into, upon, across, along or over the public streets, alleys or highways in the city and the approval of the bond by the city engineer does not relieve such person from responsibility for damages in excess of the amount of such bond to the streets, alleys or highways and to any and all property, either public or private, lawfully thereon.

(Prior code § 24.33 (part)).

Upon approval of any bond filed with the city engineer in conformity with the provisions of Section 12.20.080, it shall be the duty of the city engineer to issue a permit to the person making application therefor.

(Prior code § 24.34).

It is unlawful for any holder of any permit authorizing the moving of any building or structure, or for any employee, agent, contractor or servant of any holder of such permit, to displace, cut, remove or otherwise injure or disturb any part of any property, either public or private, which is maintained on any street, alley or highway within the city.

(Prior code § 24.35).

Whenever the moving of a building or structure requires the temporary displacement, cutting or removal of any property referred to in Sections 12.20.050 through 12.20.100 it shall be the duty of the person owning, operating or controlling such property to displace, cut or remove the same, so far as may be necessary to effect the removal of such building to the point to which the removal thereof is authorized

(Prior code § 24.36)

A. At least seventy-two hours in advance of reaching any property referred to in Sections 12.20.100 and 12.20.110 the holder of the permit under which the proposed moving is to be done shall notify the person owning, operating or controlling such property to displace, cut or remove the same to permit the moving of such building or structure and shall at the time exhibit to such person the properly issued permit authorizing the moving of such building or structure. It shall then be the duty of such person promptly to displace, cut or remove such property sufficiently to allow the passage of the building or structure along the street, alley or highway; provided, that the holder of the permit has first made arrangements satisfactory to the person owning, operating or controlling such property to guarantee payment of the cost of such displacement, cutting or removal of such property, and the replacement thereof, including the wages of persons employed therefor.

B. In every case in which the wires or other property of the city are involved the seventy-two-hour advance notice required in this section shall be served upon the city engineer.

(Prior code § 24.37).

No building or other structure shall be moved across any railway tracks unless with the consent of the person controlling such tracks.

(Prior code § 24.38).

No building shall be moved until all sewers, water pipes, gas pipes and other services are disconnected and sealed, at least one foot outside the property line. The work of disconnecting such services shall comply with Chapter 17.15 and shall require such permits and inspection as provided in the Chapter 17.15.

(Prior code § 24.39).

Nothing contained in this chapter shall be construed as rendering the city, city engineer or any officer or employee of the city, personally liable for any damage arising out of a violation of this chapter.

(Prior code § 24.40).