Modesto Municipal Code Ch. 3 Moving of Buildings

It shall be unlawful for any person to move or cause to be moved any building in, into, through, or from the City without first obtaining a permit therefor from the Public Works Director. Such permit shall be known as a "House Moving Permit."

(Ord. 1050-N.S., § 1, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

Any person desiring such a permit shall file with the Public Works Director an application therefor in writing on a form to be furnished by the City for that purpose.

Such application shall specify the following:

(a) The character and size of the building to be moved;

(b) The reason for such moving;

(c) The use, purpose and occupancy for which said building or structure is to be used;

(d) The location from which and to which said building is to be moved;

(e) A plot plan showing the proposed location of the building upon the property to which said building is to be moved, provided said location is in the City;

(f) The streets on, over or through which it is desired to move said building;

(g) Whether the building conforms to the zoning laws in the location to which it is to be moved.

(Ord. 1050-N.S., § 2, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

Upon the filing of the application, the Community Development Director shall cause the Chief Building Official to investigate the building and report to him/her the results of such investigation, together with recommended action thereon.

(Ord. 1050-N.S., § 3, amended by Ord. 3128-C.S., § 3, effective 5-27-99)

No permit shall be issued to move any building or structure which, in the opinion of the Public Works Director or the Community Development Director:

(a) Is so constructed or in such condition as to be dangerous;

(b) Is infested with pests or insanitary;

(c) If it is a dwelling or habitation, is unfit for human habitation;

(d) Is so dilapidated, defective, unsightly or in such a condition of 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 (1,000) feet from the proposed site;

(e) If the proposed use is prohibited by the zoning laws of the City;

(f) If the structure is of a type prohibited at the proposed location by any law of the City; or

(g) If the moving of the building or structure causes unreasonable damage to the trees, plants and shrubs on and along the public streets.

Provided, however, that if the condition of the building or structure, in the judgment of the Community Development Director, admits of practicable and effective repair, the permit may be issued upon the terms and conditions as set forth in Section 4-3.05 of this Code.

(Ord. 1050-N.S., § 4, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

When a House Moving Permit is granted, such terms and conditions as may be deemed reasonable and proper may be imposed, including, but not limited to, the public streets, or other public property in the City on, over or through which the building or structure shall be moved, and the requirements 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 or injurious to public safety or to public welfare or to the property and improvements, or either, in the district to which it is to be moved.

Such terms and conditions shall be written upon the permit or appended in writing thereto.

(Ord. 1050-N.S.)

The applicant shall also deposit with the City Clerk a cash deposit or a savings and loan certificate and share in a form approved by the City Attorney in accordance with Article 6 of Chapter 4 of Title 2 of this Code sufficient to cover the cost to the City as estimated by the Public Works Director, of trimming, moving, removing or replanting of trees and/or shrubs, and of moving, removing, or displacing any pole or other structure, supporting any wires, cables or other equipment belonging to the City or the cutting, displacing or changing the location of any wire, cable or other equipment upon said poles or structures belonging to the City.

(Ord. 1050-N.S., amended by Ord. 546-C.S., Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

Each moving building permittee shall provide the Finance Director with evidence of insurance coverage in the amount and form as approved by the City's Risk Manager. Such amounts shall be set forth from time to time by resolution of the City Council.

(Ord. 1050-N.S., amended by Ord. 2896-C.S., § 2, and Ord. 3417-C.S., § 1, effective 10-5-06)

Prior to the issuance of a permit to move a building, the owner or lessee of the property upon which the building is to be located shall file with the Chief Building Officials a corporate surety bond, conditioned as follows: That all of the work required to be done to complete the relocation, alteration and reconstruction of the building pursuant to the conditions of the said permit shall be fully performed and completed within a reasonable time to be specified by the Chief Building Official in the permit. Such bond shall be in principal amount equal to the estimated cost of the work proposed to be done plus ten (10) percent thereof, and shall name the City of Modesto as obligee, and shall be in a form approved by the City Attorney.

In lieu of furnishing such a corporate surety bond, the owner or lessee may post a cash deposit in the amount of said bend or furnish the City a savings and loan certificate and share in a form approved by the City Attorney in the amount of said bond in accordance with the provisions of Article 6 of Chapter 4 of Title 2 of the Modesto Municipal Code.

An extension of time for said completion may be granted in writing by the Chief Building Official when, in his discretion, circumstances shall so justify, but no such extension shall release any surety or other security.

(Added by Ord. 439-C.S., amended by Ord. 546-C.S., effective 12-25-62)

Prior to the issuance of a permit to move a building, the owner of the property from which the building is to be moved or his/her agent, shall file with the City Clerk a bond or other form of security in favor of the City of Modesto conditioned as follows:

(a) Before any work is started on a building or structure, the permittee or his/her authorized agent shall notify the appropriate utilities in order that all gas, water and oil pipelines that are to be disconnected from the building may be securely capped and sealed.

(b) Immediately after the moving of any building or structure, the permittee or his/her authorized agent shall securely barricade all basement excavations and other holes or openings.

(c) Within ten (10) days after the moving of any building or structure, the permittee or his/her authorized agent shall complete the following work:

(1) Securely close and seal any sanitary piping located on the property;

(2) Fill with dirt or sand any septic tanks or cesspools located on the property;

(3) Fill any openings, excavations, or basements remaining on the land with dirt or sand to street level or the natural level of adjoining property unless otherwise directed by the Public Works Director;

(4) Remove any buried underground tanks formerly used for storage of flammable liquids as may be required by the Fire Department;

(5) Remove all refuse, debris and waste materials from the property.

The bond required by this section shall be in an amount equal to the cost of the work proposed to be done, as estimated by the Public Works Director.

The bond may be in the form of a corporate surety bond, cash deposit, saving and loan certificate, or an instrument of credit.

An extension of time for completion of the work required by this section may be granted by the Public Works Director, when, in his/her discretion, circumstances justify such an extension; but no such extension shall release any bond or other security furnished pursuant to this section.

(Added by Ord. 761-C.S., amended by Ord. 800-C.S., Ord. 885-C.S., Ord. 3128-C.S., § 1, and Ord. 3364-C.S., § 2, effective 12-9-04)

Fees for house moving investigations and house moving permits required by this chapter shall be in accordance with a schedule of fees approved by the Council from time to time by resolution and on file in the offices of the City Clerk and the Chief Building Official.

(Sec. 8, Ord. 1050-N.S., amended by Ord. 439-C.S., and Ord. 1178-C.S., effective 3-23-72)

The Public Works Director shall approve the issuance of a House Moving Permit when all the necessary requirements and conditions of this chapter have been complied with. It then shall be the duty of the City Clerk to issue the permit.

(Ord. 1050-N.S., § 9, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

The Public Works Director, at any time, for sufficient cause, may revoke or suspend any permit granted under this chapter.

(Ord. 1050-N.S., § 10, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

Every building which is moved on, over or through any public street, way or park in the City shall be under the control of the Public Works Director and every such building shall be moved in a careful manner and the work shall be prosecuted with diligence and to the satisfaction and approval of said Public Works Director. This section in no way relieves the person having charge of the moving of any building of his/her obligation to furnish proper supervision.

(Ord. 1050-N.S., § 11, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

Notice must be given by the person to whom the permit is issued, or his/her representative, to the Public Works Department and the Police Department of the City not less than thirty-six (36) hours nor more than forty-eight (48) hours before the actual work of moving a building or structure is to commence.

(Ord. 1050-N.S., § 12, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

Whenever a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the permittee by the Public Works Director, said notice to state the work to be done, the estimated cost thereof, and the period of time deemed to be reasonably necessary to complete such work. After receipt of such notice, the permittee must, within the time therein specified, either cause the work to be done or pay over to the City Clerk of the City the estimated cost of doing the work, as set forth in the notice, plus ten (10) percent of said estimated cost. Upon receipt of notice from the City Clerk that the permittee has deposited such money, the Public Works Director shall cause the required work to be performed and completed.

If the permittee defaults, the City shall have the option, in lieu of completing the work required, to demolish the buildings or structure and to clear, clean and restore the site or sites.

(Ord. 1050-N.S., § 13, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

The streets over which any building or structure is to be moved must be approved by the Public Works Director and the Police Chief.

(Ord. 1050-N.S., § 14, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

(Sec. 15, Ord. 1050-N.S., repealed by Ord. 439-C.S., effective 3-28-61)

No person owning or having charge of the moving of any building, into, on, over, through, or from any public streets, ways or parks in the City, shall permit said building to remain in any one location on any such street, way or park for a period longer than twenty-four (24) hours except by written permission obtained from the Chief of Police, or to obstruct traffic on any railroad.

(Sec. 16, Ord. 1050-N.S.)

The person having charge of the moving of any structure shall maintain proper lights and barricades whenever such structure is on any public street, way or park, during the hours of darkness.

(Sec. 17, Ord. 1050-N.S.)

In the event that the moving of any building for which a permit shall have been granted hereunder makes it necessary to move, remove or displace any pole or other structure supporting the wires, cables or other equipment of any public utility or of the City or to cut, displace or change the location of any wire, cable or other equipment upon said poles or structure, the person to whom such permit has been granted, or his authorized representative, shall obtain permission in writing from the owner or owners of such pole or structure and/or the wires, cables or other equipment thereon, and shall notify such owner or owners at least forty-eight (48) hours prior to the time that the moving of such building will necessitate the removal of such obstructions.

The person to whom said permit is granted shall not at the expiration of said time of notice or at any time, cut, move or in any way disturb such public utility or City property; and such work shall be done only by the authorized workmen of the utility or the City, whichever is the owner.

The person to whom said permit is granted shall pay to said public utility, or to said City, as the case may be, any and all costs or expense for the removal, rearrangement and/or replacement of any pole or structural support of wires, cables or equipment and/or of the equipment thereon or of any damage to such property.

(Sec. 18, Ord. 1050-N.S.)

In the event that the moving of any building for which a permit shall have been granted hereunder makes it necessary to trim, move, remove or replant any tree, plant or shrub belonging to or under the control of the City, the person to whom such permit has been granted, or his/her authorized representative, shall notify the Public Works Director at least forty-eight (48) hours prior to the time that the moving of such building will necessitate the removal of such obstructions.

The person to whom said permit is granted shall not at the expiration of said time notice or at any time, trim, move, remove, replant or otherwise disturb such trees, plants, or shrubs; and such work shall be done only by the authorized workmen of the City unless otherwise approved and so ordered by the Public Works Director.

The person to whom said permit is granted shall pay to said City any and all costs or expense for the trimming, moving, removing or replanting of any trees, plants or shrubs or of any damage thereto.

(Ord. 1050-N.S., § 19, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

In the event that the moving of any building for which a permit shall have been granted hereunder causes damage to the public streets and/or other public property, in addition to any other remedies the City may have, the Public Works Director may cause such damage to be repaired and the cost thereof shall be deducted from the deposit required by Section 4-3.06 hereof, or he/she may require the person to whom such a permit has been granted, or his/her authorized representative, upon written notification from the Public Works Director to make all necessary repairs to such streets and/or property; provided, however, that should said person to whom said permit has been granted, and to whom said notice has been given, or his/her authorized representative, fail to make said necessary repairs within the period of time designated in said written notice, said Public Works Director may cause such necessary repairs to be made and the cost thereof deducted from the deposit required by Section 4-3.06 hereof.

(Ord. 1050-N.S., § 20, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

When the moving of any building for which a permit has been granted is completed, and all damage to public streets and/or other public property has been repaired to the satisfaction of the Public Works Director and all costs of repairing damage and/or performing other work as provided herein, have been paid, and the deposit as required by Section 4-3.06 hereof, or such portion thereof then remaining unused under the provisions of this chapter shall be refunded upon surrender of the deposit receipt representing the said money so deposited. Should the cost, however, of repairing damages and/or performing other work as in this chapter provided, exceed the total amount of money deposited, the person to whom said permit was granted shall be held liable for the amount of damage and/or other costs which are in excess of the amount deposited, and it shall be the duty of the City Clerk, upon receipt of the request from the Public Works Director, to collect such part of the claim which is in excess of the deposit from the person to whom the permit was granted.

(Ord. 1050-N.S., § 21, amended by Ord. 3128-C.S., § 3, and Ord. 3364-C.S., § 2, effective 12-9-04)

Any person excepting to any denial, suspension or revocation of a permit applied for or held by him pursuant to the provisions of this chapter, or to any action taken by any official of the City concerning such permit, may appeal in accordance with the procedure prescribed by Chapter 4 of Title 1 of this Code.

(Sec. 22, Ord. 1050-N.S.)