Milpitas Municipal Code Ch. 2 Moving and Demolition

Footnotes:

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Editor's note— Ord. No. 65.145, § 2, adopted November 15, 2016, amended the Code by repealing former Ch. 2, §§ II-2-1—II-2-13, and adding a new Ch. 2. Former Ch. 2 pertained to similar subject matter, and derived from Ord. No. 65.142, adopted November 19, 2013.

In addition to the other provisions of this Title, the provision of this Chapter shall apply to the moving and demolition of buildings or structures. Without limitation to the generality thereof, the moving permit and demolition permit herein referred to shall be deemed to be a class of the permit referred to in Section II-1-17.01 of this Title, and all provisions in this Chapter or in any other Chapter or Title of the Milpitas Municipal Code relating to permit under this Chapter shall also apply to said moving or demolition permits.

(Ord. No. 65.145, § 2, 11/15/16)

No person shall move or cause to be moved any building or structure, as defined in this Title, or any Code adopted thereby, from any location within the City of Milpitas to any other location (within or without the said City of Milpitas), without first obtaining a permit in writing.

(Ord. No. 65.145, § 2, 11/15/16)

Application for said permit shall be filed in duplicate with the Building Official.

(Ord. No. 65.145, § 2, 11/15/16)

The application shall specify the size and character of the building or structure to be moved, the proposed improvement to be made, if any, the place from which and the place to which said building or structure is to be moved, the method of such moving and the proposed route to be followed.

(Ord. No. 65.145, § 2, 11/15/16)

At the time of filing such application, the applicant shall pay to the Building Official an application fee as set by Resolution of the City Council of Milpitas.

(Ord. No. 65.145, § 2, 11/15/16)

If a moving permit fee is issued as hereinafter provided by the Building Official, the applicant shall pay an additional moving permit fee as set by Resolution of the City Council of Milpitas.

(Ord. No. 65.145, § 2, 11/15/16)

The fee for each additional building or portion of any severed building moved under one permit as provided herein shall be as set by Resolution of the City Council of Milpitas.

(Ord. No. 65.145, § 2, 11/15/16)

Within ten working days after receipt of an application, the Building Official shall inspect the building or structure to be moved and the site to which the move is proposed (provided, however, that the Building Official may, but shall not be required to, inspect any site which is located outside the City of Milpitas). In addition, the Building Official may, in his discretion, inspect all roller, trucks, wheels, dollies, tractors or other apparatus proposed to be used in the moving operation, and shall restrict the use of such apparatus to that which, in his judgement will not cause injury to highways, bridges, or other property or hazard to traffic. The Building Official may also require reasonable changes in the route proposed, even though the route required may be longer than the one proposed, and may specify the hours within which any moving must be accomplished.

(Ord. No. 65.145, § 2, 11/15/16)

The application for permit shall be denied when:

Any unlawful, dangerous or defective condition of a building proposed to be moved is such that remedy or correction cannot effectively be made; or

(Ord. No. 65.145, § 2, 11/15/16)

The building or structure is of a type prohibited in that location by fire zone or zoning ordinance.

(Ord. No. 65.145, § 2, 11/15/16)

The Building Official shall inform the applicant of the denial in writing within 20 working days of the filing of the application. The denial shall set forth the reasons therefor and shall designate the applicable provisions of the law or regulations upon which said denial is predicted.

(Ord. No. 65.145, § 2, 11/15/16)

The notification required by subsection II-2-6.05 of this Chapter has not been provided or the condition imposed pursuant thereto cannot or are not being met.

(Ord. No. 65.145, § 2, 11/15/16)

If the Building Official determines that the building or structure proposed to be moved will not come within the scope of the conditions prohibited by this Chapter, he shall cause a notice of intention to issue a moving permit to be posted within ten working days from filing the application on stakes at the front and rear of the proposed location (unless the proposed location is outside the City of Milpitas, in which event the Building Official may, but shall not be required to, post the front and rear of the proposed location) and on the front of the building proposed to be moved. Such notice shall not be less than 11″ × 14″ in size and shall set forth the character of the building to be moved, the present and proposed location of the building and the date of the posting. Such notice shall be posted for a minimum of 5 working days before the actual moving.

(Ord. No. 65.145, § 2, 11/15/16)

In the event the decision of the Building Official to grant the permit is not appealed within the time authorized by this Chapter specified above and the building or structure proposed to be moved will not come within the scope of the conditions prohibited by this Chapter, and the applicant has complied with all other applicable requirements of this Title, the Building Official shall issue the permit. In the event an appeal has been filed, the Building Official shall issue or deny said permit, pursuant to the terms of the final decision of the Council and the other applicable provisions of this Title.

(Ord. No. 65.145, § 2, 11/15/16)

If a permit is granted, it shall be granted under terms which shall require the applicant or owner of any building or structure to be moved to comply with the provisions of all applicable State laws, local ordinances and conditions specified by the Building Official, to make such changes or repairs as may be necessary to make such changes or repairs as may be necessary to comply therewith.

(Ord. No. 65.145, § 2, 11/15/16)

No building or structure moved in accordance with the provisions of this Title shall be used or occupied or have utility services connected thereto until said necessary changes or repairs have been completed.

(Ord. No. 65.145, § 2, 11/15/16)

Prior to the issuance of any permit, the Building Official shall also require the applicant to furnish proof that the requirements of any public utility, whose lines, wires, pipes or other structures which may be affected by said move, have been met.

(Ord. No. 65.145, § 2, 11/15/16)

The applicant, as a condition to the issuance of the permit, shall agree to notify the public utilities which may be involved of the tentative time of such moving, the route of such moving, and the estimated loaded height of the building and moving equipment. The applicant shall further agree to bear the costs of any measures required to protect said public utility structures from destruction or damage due to the moving of any building pursuant to this Chapter. The Public Works Inspector shall inspect the public property before and after.

(Ord. No. 65.145, § 2, 11/15/16)

If the applicant proposes to move the building or structure outside the limits of the City of Milpitas, the Building Official shall require as condition to the issuance of a permit by said Building Official that:

6.06-1 The consent of the jurisdiction or jurisdictions through which and to which said building or structure shall be moved and shall be located is or are obtained in writing, and written evidence thereof be filed with the Building Official.

6.06-2 In addition to such other grounds as may be authorized by the provisions of this Title or any other applicable law for the denial of a permit hereunder, the Building Official shall be empowered to deny an application for a permit when the consent of said jurisdiction or jurisdictions cannot be obtained or the conditions imposed by said jurisdictions upon said consent cannot or are not being met by the applicant.

(Ord. No. 65.145, § 2, 11/15/16)

The Building Official may require the applicant to deposit cash or a surety bond issued by a surety company authorized to transact a surety business in the State of California with the City to insure compliance with the applicable provisions of law and the conditions imposed on the subject permit. The amount of such bond is to be set at the discretion of the Building Official. The amount shall be 125% of the Building Official's estimated cost of proposed work. At the time of filing the cash or bond with the City, applicant must also execute and file a statement in substantially the following language.

(Ord. No. 65.145, § 2, 11/15/16)

"I, ___________, applicant, hereby promise to comply with all applicable provisions of law and the conditions imposed on moving permit No. _____. By way of guarantee that this work will be done, I herewith deposit with the City cash (or bond) in the amount of _______ dollars and agree that in the event these conditions are not fulfilled within _____ days hereafter the City may in its discretion either cause said conditions to be fulfilled or demolish the building or structure which was moved under authority of said moving permit and charge the costs thereof including reasonable attorneys fees in the event of suit upon said bond plus repair costs of public property to said cash or bond."

(Ord. No. 65.145, § 2, 11/15/16)

No permit shall be issued under the provisions of this Chapter unless the permittee shall have first taken out and agree to maintain at all times general liability insurance in an amount not less than $1,000,000.00 per occurrence for bodily, personal injury and property damage, automobile liability insurance in an amount not less than $1,000,000.00 per accident for bodily injury and property damage, and workers compensation insurance in an amount of not less than $1,000,000.00 per accident for bodily injury or disease. Such insurance shall name the City, its officers and employees as an insured, shall be primary insurance to the full extent thereof and shall not be cancelled or reduced in coverage without 30 days prior notice in writing to City, and a certificate of insurance shall be filed with the Building Official.

(Ord. No. 65.145, § 2, 11/15/16)

All moving permits shall contain the condition that applicants, when moving from a site within the City:

9.01-1 has sealed or will seal the sewer line at the site from which the building is being moved in the manner prescribed by the political subdivision having jurisdiction thereof, or

9.01-2 has pumped and filled with earth or sand or will pump and fill with earth and sand the sewage disposal system in accordance with State, County or City health requirements.

(Ord. No. 65.145, § 2, 11/15/16)

Red lights shall be maintained by the mover at each corner of the building or structure from one-half hour after sunset until one-half hour before sunrise on such dates as the building is on any public right-of-way or within 15 feet of any surfaced roadway.

(Ord. No. 65.145, § 2, 11/15/16)

The Police and Fire Department shall be informed of the route of travel and time at least 24 hours before moving.

(Ord. No. 65.145, § 2, 11/15/16)

The Public Works Department shall be informed of travel and shall inspect all public facilities such as stop signs, curbs and walks, just before and immediately after the moving.

(Ord. No. 65.145, § 2, 11/15/16)

Permission to move any building or structure under any permit shall expire 60 days after issuance, except that the Building Official may extend the expiration time and additional 60 days upon request with good reason.

(Ord. No. 65.145, § 2, 11/15/16)

Permits issued under this Chapter shall not be transferred by the holder thereof to any other person. All movements of buildings authorized by the permit shall be made under the control and supervision of the grantee of the permit.

(Ord. No. 65.145, § 2, 11/15/16)

No fees required by this Chapter shall be refunded if the moving of a building or structure authorized by the permit is not made.

(Ord. No. 65.145, § 2, 11/15/16)

Additional buildings or structures or portions of buildings or structures may be moved on a single permit when all are moved from one location or parcel of land to another using the same route.

(Ord. No. 65.145, § 2, 11/15/16)

Any building or structure moved contrary to any of the provisions of this Chapter is hereby declared to be a public nuisance.

(Ord. No. 65.145, § 2, 11/15/16)

11.01-1 No building shall be demolished without first obtaining a permit to do the same.

11.01-2 If the permit is for a building listed on the 1990 Historic Sites Inventory, which is identified in Section 11.01-3 below, the permit shall be issued by the City Council upon application filed with the Office of Building Safety. The Building Official shall promptly transmit the permit application to the City Clerk, together with his or her comments and recommendations. The Council may consider the matter on the first available agenda but shall not be required to take action for 30 days following the filing of the application. In granting any permit hereunder, the City Council shall be empowered to:

(a) Impose reasonable conditions to protect the public peace, health, safety and general welfare and to defer issuance of the permit until those conditions are met or secured.

(b) Impose a reasonable delay (not to exceed 180 days) on the issuance of a permit if it finds a building a potential cultural resource within the meaning of Chapter 4, Title XI of the Milpitas Municipal Code.

11.01-3 The following buildings are subject to the permit requirements described in Section 11.01-2:

(a) Venturini House/Pashote House, 99 S. Main St.;

(b) Cracolice Store/Pashote Bros. Store, 111-129 S. Main Street;

(c) Deniz Home/Crabb Home, 230 S. Main Street;

(d) Caudillo House/Silvera House, 280 S. Main Street;

(e) Evatt Home/Dr. Curlin Home & Office, 290 S. Main Street; and

(f) Torres House, 155 Sinnott Lane.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 8, 8/20/19; Ord. No. 65.145, § 2, 11/15/16)

Application for such permit shall be filed with the Building Official.

(Ord. No. 65.145, § 2, 11/15/16)

There shall be a fee charged in accordance with the resolution adopted by Council setting forth building inspection fees.

(Ord. No. 65.145, § 2, 11/15/16)

Permission to demolish any building shall expire 60 days after issuance of permit.

(Ord. No. 65.145, § 2, 11/15/16)

Permits issued under this Section shall not be transferred to anyone else.

(Ord. No. 65.145, § 2, 11/15/16)

Permits shall be issued only to an owner of the building to be demolished or to a state licensed contractor.

(Ord. No. 65.145, § 2, 11/15/16)

The public improvements within the street right-of-way shall be inspected before the start of demolition and at the completion by a Public Works Inspector. The applicant shall be held responsible for any damage to Public Improvements.

(Ord. No. 65.145, § 2, 11/15/16)

All public utilities shall be disconnected or removed as required by the agencies concerned.

(Ord. No. 65.145, § 2, 11/15/16)

Where a sewage disposal system exists it shall be pumped and filled with earth or sand in accordance with State, County and City Health Department requirements.

(Ord. No. 65.145, § 2, 11/15/16)

Lots shall be left clean. All foundations shall be removed, (unless permission is given to rebuild on same) and the lot shall be graded to drain and be free of water holes.

(Ord. No. 65.145, § 2, 11/15/16)

The Building Official may require the applicant to deposit with the city cash or a surety bond issued by a corporate surety authorized to transact a surety business in the State of California to insure compliance of the job. The amount of such bond shall be set at the discretion of the Building Official. The amount of said bond shall be set at 125% of the estimated cost of the work. The applicant shall file a statement in substantially the following language.

(Ord. No. 65.145, § 2, 11/15/16)

"I, ___________, applicant, hereby promise to comply with all provisions of law and conditions imposed on demolition permit No. _____. By way of guarantee that this job will be completed and the property left clear of debris or other hazards and that any damaged public utilities be repaired, I herewith deposit with the City cash (or bond) in the amount of _______ dollars and agree that in the event that these conditions are not fulfilled within _____ days hereafter the City may in its discretion cause that such remaining material or debris shall be removed and any change to public property be repaired. The cost including reasonable attorney's fees in the event of any suit upon said bond thereof shall be charged to said cash or bond."

(Ord. No. 65.145, § 2, 11/15/16)