Montebello Municipal Code Ch. 15.44 Moving of Buildings

For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended:

"Structure" or "building" means any house or other building or structure erected or constructed or in existence prior to moving hereinafter referred to.

(Prior code §§ 8400 and 8400.1)

A. No person shall move any building or structure or any portion thereof, to any location within the city from a location outside the city, or from one location to another within the city, unless and until the city council has first issued to the owner of the premises to which the building is to be moved, a permit to relocate the particular building upon these premises. Such permit shall be called a "relocation permit." The provisions of this chapter shall be cumulative and in addition to all other requirements of this code.

(Prior code § 8401 (part))

When a building is to be moved from one location to another on the same lot, a relocation permit shall not be required.

(Prior code § 8401 (part))

Before any application for a relocation permit is accepted, a fee of seventy-five dollars for a building located outside the city or a fee of thirty-five dollars for a building located within the city shall be paid by the applicant to cover the cost to the city of the investigation of the conditions of the buildings to be moved and the inspection of the proposed new location. This application fee shall be in addition to the regular building permit fee. No part of the application fee shall be refunded.

(Prior code § 8402)

A separate application must be made for each building or structure, or portion of a building or structure. No permit shall be issued until an application has been filed as herein provided. Every application to the city council for a relocation permit shall be in writing upon a form furnished by the city clerk, and shall set forth such information as may reasonably be required in order to carry out the purposes of this chapter, including the following:

A. A complete description of the building or structure to be moved;

B. A recent photograph of the building or structure;

C. The present location of the building or structure;

D. The street location or other identifying description of the location to which the building or structure is to be moved;

E. A description of the route over, along, across or upon which such building or structure, section or portion thereof, is to be moved, and the date and time when it is proposed to be moved;

F. A complete description of any proposed additions, alterations, repairs or improvements to be made to the building or structure, either before or after it is moved, and a statement of the approximate time when the same will be made;

G. The proposed use to which such building or structure will be put;

H. A termite inspection report;

I. Such other relevant information as the city council may require.

(Prior code § 8403)

The city clerk, immediately upon receipt of any such application, shall set the same upon the agenda of the city council for hearing and shall give notice of the date, time and place of the hearing of such application by the city council in the same manner as prescribed for notice of a zoning variance. At such time and place the applicant and any protestants may appear and be heard in all matters relevant to the application. In the event the application shall not be heard by the city council at the time so designated, the city council may hear and consider such application at any subsequent date to which such hearing is continued.

(Prior code § 8404)

A. No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous; or which is infested with pests or unsanitary; or which is so dilapidated, defective, unsightly or in such condition of deterioration or disrepair, or of such appearance or architectural design that its location at the proposed site would cause depreciation of the value or enjoyment of the neighboring properties, or 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; or if the proposed use is prohibited by the zoning laws of the city; or if the structure is of a type prohibited, at the proposed location, by any fire district regulations, or by any other law or ordinance; provided, however, that if the condition of the building or structure, in the judgment of the city council and building inspector, admits of practicable and effective correction or repair, the permit may be issued upon condition as hereinafter provided.

B. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the permit shall be denied. In order to determine any of the matters presented by the application, the city council may cause to be made any investigation required in its discretion.

C. If the city council shall deem it necessary or expedient to do so, it may, in granting any relocation permit, impose thereon such terms and conditions as it may deem reasonable and proper, including, but not limited to, 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 public welfare or to the property and improvements, or either, in the district, as hereinbefore limited, to which it is to be moved. All repair of dry rot and termite damage shall be completed before moving. The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto.

(Prior code §§ 8405, 8406 and 8407)

When a building is to be moved from a location within the city, to a location outside the city, a cash deposit or instrument of credit, in the amount of three hundred dollars shall be required to insure that all foundations, piers, concrete work, waste or rubbish of any kind be removed from the lot within ten days after the building or structure has been removed therefrom. If such work is not accomplished within the period of time, the city shall be empowered to remove all such debris, the cost of which shall be charged against the cash deposit or instrument of credit, and the deposit balance, if any, shall be remitted to the depositor. If any additional funds are expended in removing such debris, the same shall be a proper charge against the permit holder.

(Prior code § 8401 (part))

No relocation permit shall be issued unless the applicant therefor shall first post with the city council a bond executed by the owner of the premises where the building or structure is to be located, as principal, and by a surety company authorized to do business in this state, as surety. The bond, which shall be in form joint and several, shall name the city as obligee, and shall be in an amount equal to the cost, plus ten percent of the work required to be done in order to comply with all of the conditions of such relocation permit, as estimated by the building inspector. In lieu of a surety bond, the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit of cash in the amount named above, and conditioned as required in the case of a surety bond. Such a bond as so secured is hereinafter called a "cash bond" for the purposes of this chapter.

(Prior code § 8408)

Every bond posted pursuant to this chapter shall be conditioned as follows:

A. That each and all of the terms and conditions of this chapter and the relocation permit shall be complied with to the satisfaction of the city council;

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; or, if no time limit is specified, within ninety days after the date of its issuance. The time limit herein specified, or the time limited specified in any permit, may be extended for good and sufficient cause by the city council, but no time limit shall exceed six months from the date of issuance of the permit. No such extension of time shall be valid unless written, and no such extension shall release any surety upon any bond.

(Prior code § 8409)

A. 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 city council, of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof, signed by the building inspector, a copy of which will be sent to any surety or principal upon request.

B. When a cash bond has been posted, the cash shall be returned to the depositor, or to 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.

(Prior code § 8414)

A. Notice. Whenever the city council shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city council to be reasonably necessary for the completion of such work.

B. Duty of Surety. After receipt of such notice the surety must, within therein time specified, either cause the required work to be performed, or, failing therein, must pay over to the city council, the estimated cost of doing the work, as set forth in the notice, plus an additional sum equal to ten percent of the estimated cost. Upon the receipt of such moneys the city council shall proceed, by such mode as it deems convenient, to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the same sum in hand therefor.

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

D. Option to Complete Structure or Clear Site. When any default has occurred, on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, to demolish the building or structure, and to clear, clean and restore the site. If the surety shall fail to complete the work or demolish the building or structure and to clear, clean and restore the site as herein provided, the city council shall have the same option.

(Prior code §§ 8410—8413)

The city council, 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. 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, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure. No person shall interfere with or obstruct the ingress to or from any such premises of any authorized 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.

(Prior code § 8415)