Morro Bay Municipal Code Ch. 14.56 Moving Buildings

A person shall not relocate on or move onto any premises or lot within the incorporated area of the city any building, house or other structure, except a contractor's tool house, construction building or similar structure which is moved as construction requires, until he first obtains from the planning and building department a permit for such moving, and building permit for necessary and required alterations, repairs, and additions. Transit permits are required by both the city and the state for moving buildings on public roads.

(Ord. No. 564, 11-8-10)

Every application for a moving permit shall be in writing upon a form furnished by the building official and shall set forth such information as the building official may reasonably require in order to carry out the purpose of this chapter.

(Ord. No. 564, 11-8-10)

Except as otherwise provided in this chapter, the building official shall not issue a moving permit for any building or structure which:

A. Is so constructed or in such condition as to be dangerous;

B. Is infested with pests or is unsanitary;

C. If it is a dwelling for habitation, is unfit for such use;

D. Is so dilapidated, defective, unsightly or in such 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;

E. Is intended for a use which is prohibited by any zoning ordinance, land use or any other ordinances;

F. If the structure is of a type prohibited at the proposed location by this or by any other law or ordinance.

(Ord. No. 564, 11-8-10)

If the condition of the building or structure in the judgment of the building official admits of practicable and effective repair he may issue a moving permit upon conditions as provided in this chapter.

(Ord. No. 564, 11-8-10)

With respect to any application under this chapter, the building official may make or cause to be made any investigation which he believes necessary or helpful in order to carry out the purpose of this chapter, and he may petition to the city council for instructions as to any matter involving any such application.

(Ord. No. 564, 11-8-10)

The building official shall grant or deny the application in compliance with this code unless a protest is filed as provided in this chapter. Prior to the issuance of a moving permit, the building official shall impose thereon such terms and conditions as are necessary to make the building or structure comply with all the requirements of the building regulations of the city, and may impose thereon such other terms and conditions as he 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 moving thereof will not be materially detrimental or injurious to public health, safety or welfare or to the property and improvements, or either, in the district to which it is to be moved.

(Ord. No. 564, 11-8-10)

The terms and conditions upon which each permit is granted shall be written upon the application or appended in writing thereto.

(Ord. No. 564, 11-8-10)

When such application is filed with the required information, the building official shall cause moving notice cards to be posted for fifteen consecutive days upon the building or structure to be moved and at the premises where the building or structure is to be moved.

(Ord. No. 564, 11-8-10)

No permit shall be issued before the expiration of fifteen days from the date of the posting of the moving notice cards.

(Ord. No. 564, 11-8-10)

Any protest against the moving of said building or structure shall be filed within fifteen days of the posting of the moving notice cards and shall be signed by two or more individual property owners of the surrounding area, within one thousand feet of the site. The applicant may protest the decision of the building official granting or denying the application or imposing restrictions or conditions thereon within ten days of such decision of such building official.

(Ord. No. 564, 11-8-10)

Any protest shall be in writing and filed in the office of the building official of the city.

(Ord. No. 564, 11-8-10)

The building official shall cause such protest to be presented to the city council at the first regular meeting period. Upon the protest being received by the city council, the council may set a date for hearing the protest, and the council may appoint a committee, which committee may consist partly or entirely of members of the council or consist entirely of nonmembers of the council, to investigate the protest and recommend to the city council at such hearing whether or not the building or structure shall be moved. Notice of the hearing shall be published at least once in a newspaper of general circulation within the city at least ten days prior to such hearing, or, in the alternative, the city clerk may notify the applicant and all protestants who have filed protests against such application by ordinary mail, addressed to the last known address of the applicant and such protestants as shown on the protests filed with the building official at least ten days prior to said hearing. Such hearing may be continued from time to time at the discretion of the city council. Within thirty days after the close of such hearing, the city council shall grant or deny such application.

(Ord. No. 564, 11-8-10)

In the event the city council denies the application after notice and hearing, a second application to move the same building or structure to the same property and address shall not be applied for, nor permit granted therefor, within six months from and after the date of the city council's denial of the application to move the building or structure.

(Ord. No. 564, 11-8-10)

In the event that the city council grants the application after notice and hearing, the building official shall issue a permit therefor, subject to such terms and conditions as may be imposed, providing all other requirements of this chapter have been fulfilled.

(Ord. No. 564, 11-8-10)

The building official shall not issue a moving permit unless the owner of the building or a licensed contractor shall first post with the building official a bond executed by the permittee, as principal, and by a surety company authorized to do business in the state, as surety, or makes a deposit as provided in this chapter.

(Ord. No. 564, 11-8-10)

The surety bond required by this chapter shall:

A. Be in form joint and several;

B. Name the city of Morro Bay as obligee;

C. Be in the amount equal to the estimated cost plus ten percent of the work required to be done in order to comply with all the conditions of the moving permit, such estimate to be approved by the building official.

(Ord. No. 564, 11-8-10)

The deposit, if made in place of the surety bond, shall also be equal to the cost plus ten percent of such work.

(Ord. No. 564, 11-8-10)

Every bond posted and every deposit made pursuant to this chapter shall be conditioned as follows:

A. That each and all of the terms and conditions of the moving permit shall be complied with to the satisfaction of the building official;

B. That all of the work required to be done pursuant to the conditions of the moving permit shall be fully performed and completed within the time limit specified in the moving permit. If no time limit is specified, the work shall be completed within ninety days after the date of this issuance of the moving permit. The time limits herein specified or the time limit specified in any permit issued within the provisions of this section may be extended for good and sufficient cause, either before or after said time period has expired, by a written order of the building official.

(Ord. No. 564, 11-8-10)

The terms of each bond posted pursuant to this chapter shall end upon the completion to the satisfaction of the building official of the performance of all the terms and conditions of the moving permit.

(Ord. No. 564, 11-8-10)

When a cash bond has been posted, the building official shall authorize the return of the cash 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.

(Ord. No. 564, 11-8-10)

Whenever the building official finds that a default has occurred in the performance of any term or condition of any moving permit, he shall give written notice thereof to the principal and to the surety on the bond. Such notice shall be served upon the principal and the surety by depositing the same in the United States mail, postage prepaid, addressed to the recipient at the last known address as shown by the records of the building official. Such notice shall be deemed to be given on the date such notice is so deposited in the United States mail.

(Ord. No. 564, 11-8-10)

In a notice of default the building official shall state the work to be done, the estimated cost thereof, and the period of time deemed by him to be reasonably necessary for the completion of such work.

(Ord. No. 564, 11-8-10)

Within the time specified in the notice of default, the surety shall cause the required work to be performed.

(Ord. No. 564, 11-8-10)

If a cash bond has been posted, the building official shall give notice of default, as provided in Sections 14.56.210 and 14.56.220, to the principal, and if compliance is not had within the time specified, the building official shall proceed without delay and without further notice or proceeding whatever, to use the cash deposit or any portion of said deposit to cause the required work to be done by contract or otherwise in his discretion. The balance, if any, of cash deposit, upon completion of the work, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus ten percent thereof.

(Ord. No. 564, 11-8-10)

The building official, the surety and the duly authorized representatives of either shall have access to the premises described in the moving permit for the purpose of inspecting the progress of work.

* For specific provisions regarding right of entry, see Chapter 1.08 of this code.

In the event of any default in the performance of any term or condition of the moving permit, the surety or any person employed or engaged on its behalf or any persons employed or engaged on his behalf, may enter upon the premises to complete the required work or to remove the building or structure pursuant to the terms and conditions of the permit.

(Ord. No. 564, 11-8-10)

Before a permit is issued for the moving of a building or structure, a building permit shall be applied for and a fee therefor in accordance with the Master Fee Schedule should be paid to the planning and building department in accordance with the fee schedules adopted by city council.

(Ord. No. 564, 11-8-10)

In addition to the building permit fees in Section 14.56.270, an application fee shall accompany each application to cover costs of processing said application, inspection of the building and premises, route approval and other matters in connection therewith and said fee shall not be refunded in the event that said application is denied or is for any reason withdrawn.

(Ord. No. 564, 11-8-10)

Moving application and inspection fees shall be as follows:

A. For moving a building or structure from one location to another location within the city the fee shall be in accordance with the Master Fee Schedule;

B. For moving a building or structure from an area outside of the city into the city the fee shall be in accordance with the Master Fee Schedule.

(Ord. No. 564, 11-8-10)

In the event that the building permit hereunder is denied or withdrawn, or for any other reason upon good cause shown, the building official may authorize a refund to the applicant of the building permit fees theretofore paid; provided, however, that the moving application and inspection fee shall not be refunded.

(Ord. No. 564, 11-8-10)

Failure to obtain a permit in accordance with this chapter before moving the building shall cause a penalty of double fees to be assessed against the applicant or removal of the building or prosecution of any violator as set forth in Chapter 1.16 of this code or any combination of such penalties. Said penalty payments shall not relieve any persons from fully complying with other requirements of this chapter.

(Ord. No. 564, 11-8-10)