Chapter 15.44 — MOVING BUILDINGS

It is unlawful for any person to move, or cause to be moved, any building in, on, upon, across or along or into any public street or highway in the city without first obtaining a permit in writing to do so. Application for such permit shall be filed with the Building Inspector and shall specify the size and character of the building to be moved, the place from which and the place to which said building is to be moved, the method of such moving, and the proposed route to be followed. Said application shall be accompanied by a recent photograph of the building to be moved.

(Prior code § 6-2.48)

Upon the filing of such application for a permit, the Building Inspector shall set a hearing thereon to be held before the City Manager, at a designated time. Written notice shall be mailed to the known owners of property situated within one hundred fifty (150) feet of the exterior boundaries of the lot on which said building is to be located, and notice thereof shall also be posted on said proposed location and upon the property from which such building is to be removed. Such notice mailed and posted shall set forth the character of the building to be moved, the place from which and the place to which it is to be moved, and the time and place of hearing upon the permit application. At such hearing all persons interested in property in the immediate vicinity of the proposed new location shall be entitled to file protests against such moving based upon the requirements of this Chapter. No permit shall be granted unless the Building Inspector shall certify that the building to be moved is structurally sound. Prior to the said hearing the Director of Public Works/Superintendent of Streets shall designate the streets over or along which the building shall be moved if the permit is granted, and the applicant shall file written evidence of approval by the owners of utilities and the Superintendent of the Electrical Department as to poles, wires and equipment referred to in Section 15.44.120, together with written evidence of approval by the Park Department as to necessary trimming of or disturbance of trees and shrubs.

(Prior code § 6-2.481)

A.

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 Building Inspector a surety company bond executed by such owner or lessee as principal and 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 said permit shall be fully performed and completed within a reasonable time to be specified by the Building Inspector in the permit. Such bond shall be in principal amount equal to the estimated cost of the work proposed to be done plus ten percent thereof, and shall name the city of Oakland as obligee.

B.

In lieu of such surety bond the owner or lessee may post a bond executed by him or her as principal and secured by a deposit or cash in the amount of said bond.

C.

Alternatively, the owner or lessee may secure his or her obligations under the permit by: (1) depositing two thousand dollars ($2,000.00) in the form of cash, cashier's check, letter of credit or certificate of deposit. Said letter of credit and certificate of deposit shall be subject to the approval of the City Attorney; (2) providing the city with a current title report specifying ownership, existing liens and value of the property to which the building will be moved; and (3) executing an agreement, which shall include covenants and conditions that run with the land, that authorizes the city, in the event the owner or lessee does not meet his or her obligations under the permit within the applicable time period, to have access to the subject property for the purposes of demolition and completion of the permit obligations. The agreement, also, shall contain legally binding language that will authorize the city, in such case, to place a lien on the real property without following any procedure other than that appearing in this Chapter. Upon its execution said agreement shall be recorded. The lien created by the agreement shall be recorded only after default by the owner or lessee.

D.

Buildings that are not completed within the applicable permit time period are declared a nuisance. In all such cases, demolition will occur automatically where: (1) fifty (50) percent or less of the work has been completed by the date prescribed in the permit or any amendment thereto; or (2) the cost to complete the permit obligations would exceed the appraised value of the real property. In arriving at the appraised value, the city shall deduct all liens of record.

E.

If the building is between fifty (50) and one hundred (100) percent completed, the Building Inspector, based on each circumstance, shall determine whether the building should be demolished or completed. He or she, in making the determination, shall consider among other factors: (1) neighborhood conditions; (2) safety measures; (3) economic costs; and (4) benefits to the immediate neighborhood.

F.

In all such cases where the Building Inspector determines that the obligations have not been met by the property owner or lessee, the Building Inspector shall proceed, at the property owner's expense and pursuant to the authority of the agreement and this Chapter, to complete said obligations or demolish the building, provided that the property owner or lessee and all parties of interest of record shall be given five days' prior written notice. Notice to the property owner or lessee shall be either by personal service or certified mail. In the case of demolition, the Building Inspector, in addition to notifying the owner or lessee and parties of interest, shall post at least five days prior to the start of work, the area in the immediate vicinity of the building. Said posting shall give notice of the date of the impending demolition.

G.

Said work may be done either by city personnel or private contractors. The Building Inspector shall keep an itemized account of the costs. Upon completion of the work of completion or demolition, the City Manager

or his or her designee shall cause written notice to be given to the owner or lessee and all parties of interest of record, personally or by certified mail, showing the itemized cost of such work by the city and giving notice of the day, hour and place when the City Council will hear and pass upon a report by the Building Inspector or his or her representative of said costs, together with any objections or protests, if any, which may be raised. The owner or lessee and all parties of interest of record shall be given at least five days' prior notice of said confirmation hearing.

H.

Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the Building Inspector or his or her delegated representative and shall hear such evidence as may be presented by any interested party. Thereupon, the City Council may make such revisions, corrections or modifications in the report as it deems just and shall thereafter confirm by resolution the report as submitted, revised, corrected or modified. The decision of the City Council shall be final. If the amount of the expense to the city, as confirmed by the City Council, is not paid by the owner or lessee within fifteen (15) days after such confirmation by the City Council, said amount shall constitute a lien on said real property and the City Manager or his or her delegated representative shall record in the Office of the County Recorder of the county of Alameda, state of California, a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority granted by Resolution No. _____ C.M.S. of the City Council of the City of Oakland, adopted on the ___ day of , 19, and the provisions of Section 15.44.030 of the Oakland Municipal Code, the City Manager did on the ___ day of , 19, cause a certain building relocation, alteration, and reconstruction obligation located upon the hereinafter described real property to be completed at the expense of the owner or lessee thereof, in the amount of $_, and that said amount has not been paid, nor any part thereof, and the city does hereby claim a lien upon the hereinafter described real property in said amount, and the same shall be a lien upon said real property until said sum with interest at the rate of 6% per annum, from the date of the recording of said notice, has been paid in full and discharge of record. The real property hereinabove mentioned and upon which a lien is claimed is that certain piece or parcel of land lying and being in the City of Oakland, County of Alameda, State of California, and particularly described as follows, to wit:

(insert description of property)

Dated this ___ day of __, 19

CITY OF OAKLAND

By _____

City Manager

And the same shall be a lien against the property described therein until the amount thereof, plus accrued interest from and after the date of the recording of said notice of lien, has been paid in full. All persons shall be deemed to have had notice of the contents thereof. The amount of such lien shall draw interest at the rate of six percent per annum from the date of recordation of said lien in the Office of the County Recorder.

I.

An extension of time for the completion of obligations imposed pursuant to this Section may be granted by the Building Inspector when, in his or her discretion, circumstances shall so justify. However, no such extension shall release any surety. Also, the bond and other surety instruments called for under subsections A, B, and C of this Section shall be in addition to that required by Section 15.44.070.

J.

Failure to complete the permit obligations within the applicable time period shall cause the building permit to terminate automatically.

(Prior code § 6-2.4811)

A.

No permit shall be issued to move any building or structure which is so constructed or is in such condition as to be dangerous; or which is infested with pests or unsanitary; or which, if it is a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable damage to or be materially detrimental to the property or improvements in the district within the immediate vicinity of the proposed new location; or if the proposed use is prohibited by the zoning laws of this city; or if the applicant is in default in paying any damages occasioned in moving any building; or if the structure is of a type prohibited, at the proposed location, by any law or ordinance of the city. Provided, however, that if the condition of the building or structure, in the judgement of the Building Inspector admits of practicable and effective repair, the permit may be issued upon terms and conditions recommended by the City Manager.

B.

No permit shall be issued to move any building or structure if applicant shall fail or refuse to qualify for said permit within ninety (90) days from the filing of the application therefor.

(Prior code §§ 6-2.482, 6-2.4821)

Every moving permit authorized by the City Manager shall expire automatically, and shall be null and void if the building or work authorized by such permit has not commenced within ninety (90) days from the date of the issuance thereof. Before such work may be the same as that required for a new permit.

(Prior code § 6-2.4822)

Within ten days after the date of a decision by the City Manager on an application for a house-moving permit, an appeal from said decision may be taken to the City Council by the applicant or other interested parties. Such appeal shall be made on a form prescribed by the Inspectional Services Department and shall

be filed with the Department and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the City Manager, or wherein the decision is not supported by the evidence in the record. Upon receipt of such appeal the Council shall set the time for the consideration thereof. The City Clerk shall notify the applicant of the receipt of said appeal and of the time set for consideration thereof; and the City Clerk shall, not less than five days prior to the day set for the hearing on the appeal, give written notice to the applicant and to any known adverse parties or their representatives of the time and place of the hearing. At such hearing the applicant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. Such hearing may by Council be continued over from time to time and its findings on the appeal shall be final.

(Prior code § 6-2.4823)

No permit to move a building authorized by the City Manager shall be issued until the permittee has filed with the City Clerk a surety bond executed by him or her as principal and by a surety company authorized to do business in this state as surety. The said bond shall name the city of Oakland as obligee and shall be in such principal amount as may be fixed by the City Manager based upon the facts and conditions surrounding the proposed relocation of the building. The said bond shall be conditioned as hereinafter required in this Chapter. It shall not be cancelled or qualified until the City Manager shall certify that all of the conditions thereof have been satisfied. The permittee may, in lieu of said bond, deposit with the city cash in the amount of the principal of the said bond together with an indemnifying agreement conditioned as required for the conditioning of said bond.

(Prior code § 6-2.483)

The condition of the obligation of the surety bond required by Section 15.44.070 shall be as follows: that such principal shall well, truly, honestly and faithfully perform and execute the duties of building mover as regulated by the provisions of Chapter 15.44 of the Oakland Municipal Code, and shall strictly comply with all the conditions and requirements of the said Oakland Municipal Code now in effect, or any ordinance of the city hereafter passed regulating the moving of buildings, and shall pay any and all loss or damage which may result by reason of any moving of buildings in the city by said principal, its agents, employees or workers, to any property owned or controlled by the city, or for which it may be responsible, and to any property belonging to any public utility company or public carrier, and shall further save, indemnify and keep harmless the city against all liabilities, judgments, costs and expenses which may in any wise accrue against said city in consequence of the granting of the permit by said city to said principal for moving buildings within said city; and shall, in all things, strictly comply with the conditions of such permit.

(Prior code § 6-2.484)

No permit to move a building authorized by the City Manager shall be issued until the permittee has filed with the City Clerk a policy of public liability and property damage, or approved certificate thereof, issued by a responsible insurance company authorized to do business in the state of California. Said policy shall

insure the permittee and shall inure to the benefit of any and all persons suffering loss or damage either to person or property by reason of wrongful or negligent acts of moving the building. Said policy shall also contain a clause or special endorsement indemnifying and saving harmless the city of Oakland against any loss, damage, costs and expenses which may in any wise accrue against said city in consequence of the granting of the permit for moving any building. Such policy shall insure against loss from the liability imposed by law for injury to, or death of, any person in the amount or limit of fifty thousand dollars ($50,000.00) on account of injury to, or death of, any one person, and, subject to the same limit as respects injury to, or death of, one person, of one hundred thousand dollars ($100,000.00) on account of any one accident resulting in injury to, or death of, more than one person, and of twenty-five thousand dollars ($25,000.00) for damage to property of others resulting from any one accident. Such policy shall certify therein that it shall not be cancelled except upon ten days' prior written notice thereof to the City Manager. Said liability insurance shall be a continuing liability up to the full amount thereof notwithstanding any recovery thereon.

(Prior code § 6-2.485)

A permit card showing the number of the permit, the moving route and the mover's name, address and telephone number shall be conspicuously posted on the building during the time it is being moved.

(Prior code § 6-2.486)

The moving of any building in or upon or across any public street or highway in the city as provided for in Section 15.44.010 shall be done in a careful manner and shall be prosecuted with diligence and shall be under the superintendence and control of, and performed to the satisfaction and approval of, the Director of Public Works/Superintendent of Streets. No person owning or having charge of the moving of any building through the public streets shall cause or allow the injury of any street, sidewalk, curb, tree, fence or private or public property by reason of such moving, nor permit the said building to be or stand on any street, lane, alley or public ground within the limits of one block for a period of time longer than twenty-four (24) hours unless such time is extended by the Director of Public Works/Superintendent of Streets, nor shall permit the same to obstruct the operation of any street railroad or railroad. The person in charge of the moving of any building through the public streets of the city shall notify the Director of Public Works/Superintendent of Streets and the Chief of Police of the time of the proposed movement at least forty-eight (48) hours before the commencement thereof and shall, at least forty-eight (48) hours in advance of reaching the track or tracks of any operative street railroad or railroad, notify the person having charge of and control over such track or tracks.

(Prior code § 6-2.50)

When the moving of any building as provided for in Section 15.44.010 requires the cutting, temporary removal, raising or disturbing, of any wire or wires, or the temporary removal or disturbance of any pole or poles, of any public or private telegraph, telephone, electric light, street railroad or railway or any other wire

passing along or over any street, lane or alley, the person in charge of such moving at least forty-eight (48) hours in advance of reaching such pole or wire shall notify the person having charge of and control over such pole or wire and the Superintendent of the Electrical Department of the city, and the person so notified shall cause such pole or wire to be removed or cut and replaced. The person to whom said permit is granted shall not 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 workers of the public utility interested, or if city property by the authorized workers of the city.

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 or replacement of any pole or structural support of wires, cables or equipment and of the wires and other equipment thereon and of any damage to such property.

(Prior code § 6-2.51)

When, in moving any building as provided for in Section 15.44.010, any damage is thereby occasioned to any fence, tree, street, sidewalk or to any pole or wire, or to any property belonging to the city, the person moving said building shall immediately repair or replace the damage so done, and in the event that repair or replacement cannot be made, the City Manager shall estimate the amount of damage actually done, and the person moving said building shall pay the damage so done; and in the event that upon three days' notice to the said person to repair or replace or pay said damage the repair or replacement or payment has not been made, such repair or replacement may be made by the city. The cost thereof and any such unpaid damages shall be immediately paid to the city by the permittee.

(Prior code § 6-2.52)