§ 15.52

No person, firm or corporation shall move or transport any building or structure from any lot, site or location inside or outside the city to a lot or location inside the city nor shall remove any building or structure from the city without first obtaining a permit from the building official for each building or structure to be moved or removed.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 64 N.S. § 2, 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

To obtain a permit to move or remove a building or structure the applicant shall first file an application therefor in writing on a form furnished for that purpose by the building official. Every such application shall contain the following information:

A.

The location and legal description of the land on which the building or structure to be moved or removed is situated at the time of the application;

B.

The location and legal description of the land to which the building or structure is to be moved;

C.

The alterations or additions, if any, to be made to the building or structure to be moved or removed;

D.

The name and address of the person who will install the foundations and do any other necessary work that may be required at the new site, if the building or structure is to be moved or removed to land within the city;

E.

The name and address of the person who will move the building or structure to be moved or removed;

F.

The use made of the building or structure to be moved or removed at the time of the application for a permit to move or remove the building or structure;

G.

The use to be made of the building or structure if it is to be moved or removed to land within the city;

H.

Any such other information as may reasonably be required by the building official.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 64 N.S. § 3, 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

Prior to, or at the time of, filing any application for a permit to move or remove a building or structure a fee shall be paid by the applicant to defray the reasonable cost of investigations and other services required of the building official pursuant to this chapter. The filing fee provided for in this section shall be in addition to other permit fees which are required to erect, construct, enlarge, alter, repair, improve and convert any structural, electrical, plumbing and heating work required for any building, or to demolish any building or structure pursuant to other applicable laws or ordinances.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 64 N.S. § 4, 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.52.050 - Investigations and report.

A.

The building official upon receipt of an application for a permit to move or remove a building or structure pursuant to this chapter shall make all necessary inspections to determine whether such building or structure may be moved safely without demolishing or destroying the same and without coming in contact with live electrical wires, and shall determine whether or not the proposed location of any building or structure sought to be moved or removed in the city meets other laws or ordinances appertaining thereto.

B.

Upon the making of inspections and the completion of the investigation of the application for a permit to move or remove any building or structure, the building official shall make and file a written report of his findings and recommendations with every such application for a permit to move or remove a building or structure, and shall certify that the posting required by Section 15.52.070 has been completed.

C.

The application shall also be examined and reviewed by the planning commission of the city to check compliance with other laws and ordinances of the city. All permits granted must have prior approval of the planning commission.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 585 N.S., 1982; Ord. 64 N.S. § 5(a)—(c), 1956; Ord. No. 1935 N.S., § 4(Exh. B), 6-3-2009; Ord. No. 2095 N.S., § 2, 11-20-2013)

Where investigations under this chapter are required to be made by the building official beyond the city limits, the applicant shall pay an hourly rate with a one hour minimum from city hall to the site where the inspection is made; this charge shall be additional to other fees required to be paid for the application under this chapter.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 64 N.S. § 5(d), 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.52.070 - Site and architectural review—Required documents.

In addition to the other requirements set forth in Section 15.52.050(D) regarding the contents of the application, the applicant shall submit the requisite number of plans and documents for site and architectural review. The plans shall include, but not be limited to, the site plan, landscape plan, and building elevations.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 585 N.S. § B (part), 1982: Ord. 64 N.S. § 12(part), 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.52.080 - Site and architectural review—Findings of community development director.

No permit to move or remove a building or structure pursuant to this chapter shall be granted until the community development director has determined that the architectural and general outside appearance of the subject building is in keeping with the character of the neighborhood, and the location and design of the building is such that it will not be detrimental to the public health, safety or general welfare of the neighborhood in which the building is proposed to be moved.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 585 N.S. § B (part), 1982: Ord. 64 N.S. § 12 (part), 1956; Ord. No. 1935 N.S., § 4(Exh. B), 6-3-2009; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.52.090 - Site and architectural review—Intercity and intracity moves.

The provisions for site approval and architectural control set forth in this section shall apply to all buildings being moved from one location in the city to another location in the city as well as to buildings being moved into the city from outside the city.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 585 N.S. § B (part), 1982: Ord. 64 N.S. § 12 (part), 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.52.100 - Site and architectural review—Appeals.

Any person aggrieved by or dissatisfied with, or excepting to any decision made by the community development director may appeal in the manner prescribed in Chapter 18.112 (Appeals) of Title 18 (Zoning). The planning commission shall affirm, reverse or modify the decision appealed from. Action by the planning commission shall be final, unless there is a further appeal to the city council, in which case, the city council action shall be final.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 585 N.S. § B (part), 1982: Ord. 64 N.S. § 12 (part), 1956; Ord. No. 1935 N.S., § 4(Exh. B), 6-3-2009; Ord. No. 2095 N.S., § 2, 11-20-2013; Ord. No. 2327 N.S., § 4, 12-152021)

15.52.110 - Termite inspection.

All buildings referred to in this chapter, before any permit to move them is granted, shall be thoroughly and competently inspected by a licensed termite inspector who shall certify in writing that the buildings are free from termites, vermin, dry rot and/or other pests, fungi or decay.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 64 N.S. § 6, 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.52.120 - Notice to public utility companies.

A copy of the application filed in this chapter shall immediately be sent by the city clerk or building official to any and all public utility companies servicing the city.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 64 N.S. § 8, 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

If the written report of the building official shows that the building or structure specified in the application may be moved safely without demolishing or destroying it and without coming into contact with live electrical wires, and if that report and the report of the planning commission show that the new location of the building or structure within the city and the building or structure when located on the site will conform with the requirements of all laws and ordinances applicable thereto, the building official shall issue the permit to move or remove the building or structure upon fulfillment of the following conditions by the applicant:

A.

The person named in the application as the person who will move the building or structure to be moved or removed shall furnish evidence of public liability insurance covering injuries to persons and property by reason of the proposed moving or removing of the building in a reasonable amount to be approved by the building official.

B.

Where the building is to be moved or removed to land within the city, the applicant or some person on his behalf shall file a performance bond in the amount of one hundred percent of the value of said building as completed and ready for occupancy in the form of cash or surety bond, guaranteeing the performance within ninety days of all necessary work and improvements and the furnishing of all labor and materials necessary to make the building or structure, when moved or removed to such location, comply with any applicable laws and ordinances including but not limited to the various health, building and zoning regulations of the city.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 716 N.S., 1985; Ord. 64 N.S. § 9, 1956; Ord. No. 2095 N.S., § 2, 1120-2013)

In the event the application does not conform to the provisions of this chapter, or in case the application shall request the removal of a building prohibited by this chapter, the building official shall decline to issue the permit, and the deposit made with the building official for the application and all fees paid to him pursuant to this chapter, shall be returned by order of the city council.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 64 N.S. § 10, 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

15.52.150 - Notice on new site.

A.

No permit to move or remove a building or structure pursuant to this chapter shall be granted until the applicant or his agent has caused a notice to be posted on the land to which the structure is to be moved as provided in this section and this notice has been so posted for a period of thirty days. The notice shall be posted in a conspicuous place on the land, shall be at least eight inches by ten inches in size, and shall contain the following words in letters at least two inches high:

BUILDING TO BE MOVED HERE.

APPLICATION FILED PURSUANT TO MORGAN HILL ORDINANCE NO. 1861, NEW SERIES.

B.

The thirty days referred to in subsection A of this section shall not begin to run until a formal application has been filed under Section 15.52.030. This section shall apply only to sites within the city.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 64 N.S. § 7, 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

Every person removing a building through, over or across any street within the city shall cause red lights to be displayed during the evening hours on every side of the building, while the building is standing on a street, in such a manner as to warn the public of the obstruction, and shall during the daytime place barricades across the streets in such manner as to protect the public from danger by reason of the removal of the building, and shall, when required by the building official, and when such building is located in any portion of the city where traffic is congested, require the person removing the same to pay the expense of a traffic officer to protect the traveling public from damage and injury.

(Ord. 1861 N.S. § 13 (part), 2007: Ord. 64 N.S. § 11, 1956; Ord. No. 2095 N.S., § 2, 11-20-2013)

It is unlawful for any person to violate, or cause or permit to the violation of any of the provisions of this chapter.

(Ord. No. 2276 N.S., § 61, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 61, adopted May 2, 2018, amended § 15.52.170 in its entirety to read as herein set out. Former § 15.52.170 pertained to violation—penalty and derived from Ord. 64 N.S., § 12, adopted in 1956; Ord. 778 N.S., § 2(part), adopted in 1986; Ord. 1861 N.S., § 13(part), adopted in 2007; and Ord. No. 2095 N.S., § 2, adopted Nov. 20, 2013.

Chapter 15.60 - DEMOLITION PERMITS