Oceanside Municipal Code Art. VIII Miscellaneous Regulations

(a) It shall be unlawful to operate equipment or perform any construction in the erection, demolition, alteration, or repair of any building or structure or the grading or excavation of land during the following hours:

(1) Before 7:00 a.m. and after 7:00 p.m. Monday through Saturday.

(2) All day on Sunday; and

(3) On any federal holiday.

Exceptions.

(a) An owner/occupant or resident/tenant of residential property may engage in a home improvement project between the hours of 9:00 a.m. and 5:00 p.m. on Sundays and holidays provided the project is for the benefit of said residential property and is personally carried out by said owner/occupant or resident/tenant.

(b) The building official may authorize extended or alternate hours of construction for the following circumstances:

(1) Emergency work

(2) Adverse weather conditions

(3) Compatibility with store business hours

(4) When the work is less objectionable at night than during daylight hours.

(5) Per direction of the city manager's office for projects that have been determined that rapid completion is in the best interest of the general public.

(Ord. No. 19-OR0757-1, § 1, 12-18-2019; Ord. No. 22-OR0685-1, § 1, 10-5-2022)

(a) No antenna shall exceed a height of seventy-five (75) feet above grade.

(b) Exceptions:

(1) Antennas installed on the roof of a building may be ten (10) feet above the roof or seventy-five (75) feet above grade, whichever is greater.

(2) Variances may be granted by the building board of appeals for higher antennas, if a need can be shown due to topography and/or heights of surrounding buildings.

(Ord. No. 78-12, § 10, 3-22-78; Ord. No. 80-40, § 7, 10-29-80)

6.27.1 Permit—Required. No person shall move, convey, or transport over or across any street, alley or highway within this city any house, building or structure, or any portion of a disassembled building, without first having obtained a written permit to do so from the city engineer.

6.27.2. Same—Application—Generally; contents. Any person, as the owner or as an authorized agent of the owner, desiring to move, convey, or transport over or across any of the streets within this city any building or structure mentioned in the preceding section may file an application in duplicate for such intended removal and transportation of such structure with the city engineer on forms prescribed by the city engineer, in which the applicant shall state the type and size of the building or structure sought to be transported, the place from which the same is to be removed, the route to be followed, and the lot and block upon which the same is to be relocated.

6.27.3. Same—Same—Forwarding of copy. A copy of the application required by subsection 6.27.2 shall promptly be sent to the building official by the city engineer.

6.27.4. Authority of city engineer; indemnification of city; damage to streets or property; release of bond in the moving of buildings.

(a) The city engineer or his agent shall have the right to inspect all trucks, tractors, excavators and other equipment proposed to be used in the moving process. He shall be the sole judge as to the hazard or danger that such equipment may impose upon curbs, gutters, sidewalks and other improvements as may be located in the city right-of-way at or near the construction site, and he shall be vested with full authority to prescribe measures for the protection of city improvements.

(b) A moving permit shall not be issued unless the applicant has deposited with the city engineer a cash bond, certified check or letter of credit, payable to the city in the sum of one thousand dollars ($1,000.00) to indemnify the city for any damage to improvements located within the city right-of-way used by contractors.

(c) In the event of damage to any street, curb, gutter, sidewalk or any other public property incident to the moving of buildings, the city engineer shall cause such work as may be necessary to restore the improvements to as good a condition as the same was prior to such damage and shall charge the cost thereof to the contractor to whom the moving permit was issued. Such work may be performed by local contract or by city forces as deemed most economical and appropriate by the city engineer. Such damages as occur may be recovered from the cash bond or other indemnification security as required in subsection 6.27.4(b).

(d) Cash bond or any residual thereof, required under subsection 6.27.4(b), may be released upon certification by the city engineer, or his agent, that any damaged city property has been restored to as good a condition as it was prior to such damage or that city property suffered no damage incident to the moving process.

6.27.5. Permit—Scope. Each permit issued pursuant to this article shall be valid only for the removal and transportation of one single building or structure.

6.27.6. Adoption of rules. The city engineer is hereby authorized to adopt reasonable rules and regulations relating to the removal and transportation of buildings or structures upon the streets of the city, which rules and regulations shall be approved by resolution of the city council and shall be binding upon any applicant for a permit under this article.

(Ord. No. 78-12, § 10, 3-22-78; Ord. No. 80-40, § 7, 10-29-80)

Editor's note— Ord. No. 80-40, § 7, adopted Oct. 29, 1980, repealed former § 6.28 which pertained to fire zones and was derived from Ord. No. 78-12, § 10, adopted March 22, 1978.

Editor's note— Ord. No. 19-OR0757-1, § 1, adopted Dec. 18, 2019, repealed § 6.29, which pertained to swimming pool bond requirements and derived from Ord. No. 78-12, § 10, adopted March 22, 1978; Ord. No. 82-29, § 1, adopted July 14, 1982; Ord. No. 81-19, § 1, adopted April 8, 1981; Ord. No. 84-07, § 1, adopted Jan. 25, 1984; Ord. No. 84-38, §§ 1, 2, adopted Sep. 19, 1984; and Ord. No. 96-16, § 1, adopted Dec. 11, 1996.

6.30.1. Required. All electrical, communication, CATV and similar utility distribution service connection wires within the exterior lines of private property shall be placed underground. The owner or developer shall be responsible for complying with the requirements of this section, and he/she shall make the necessary arrangements with each of the serving utilities for the installation of such facilities in conformance with the respective utility's commission.

EXCEPTIONS:

1. Legal existing single-family residential lots established as of the date of this section, served by overhead distribution systems, are exempt from subsection 6.30.1.

2. Lots located in agricultural zones are exempt from the provisions of subsection 6.30.1:

6.30.2. Aboveground facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other facilities necessary [and] appurtenant to such underground facilities may be placed aboveground.

6.30.2.1. Overhead system replaced by underground system. Where an existing overhead distribution system is replaced by an underground distribution system, underground service will be supplied in the same manner and subject to the same conditions as for new installations as required in this article.

6.30.3. Unreasonable or impractical underground installations the building director may allow for variations from the requirements of this section in a specific case where it is shown that the topography, soil or other unusual conditions exist that make such underground installation unreasonable or unpractical.

6.30.4. Existing utilities and overhead lines. The provisions of this section shall not apply to existing utilities' facilities or the installation and maintenance of overhead electric transmission lines and overhead communication long distance, trunk, and feeder lines.

(Ord. No. 78-12, § 10, 3-22-78; Ord. No. 80-40, § 7, 10-29-80; Ord. No. 88-09, § 2, 3-9-88; Ord. No. 96-16, § 1, 12-11-96)

Editor's note— Ord. No. 08-OR0370-1 adopted on June 11, 2008, repealed section 6.31 in its entirety. The former section pertained to additional automatic fire sprinkler requirements. See also the Code Comparative Table.

6.32.1 Prior to issuance of permits. The building official shall not issue building permits until the following city/county functions, as appropriate, have reviewed and approved in writing the proposed construction as it affects laws and ordinances they are charged with enforcing:

(1) Planning

(2) Engineering

(3) Fire prevention

(4) Water and sewer

(5) Health (food handling facilities only)

(6) Redevelopment (construction in redevelopment area only)

6.32.2. Prior to release of occupancy of structure.

(a) When the structure is ready for final inspection and occupancy, the permit holder shall notify the building official. The building official will coordinate with other appropriate city/county functions noted above so they may verify compliance with various laws and ordinances they are charged with enforcing.

(b) The building official shall not release the occupancy of the building until in receipt of written approvals of the final construction by the appropriate city/county functions. The building official is authorized to release the utilities for a project prior to completion and prior to various city/county function approvals. When utilities are released prior to completion and prior to approvals by all the various city/county departments, the contractor, the owner of the property and the tenant shall agree, in writing, on a form provided by the building official, that the structure will not be occupied until released by all appropriate city/county functions.

(Ord. No. 80-40, § 7, 10-29-80; Ord. No. 16-OR0848-1, § 1, 12-21-2016; Ord. No. 19-OR0757-1, § 1, 12-18-2019; Ord. No. 22-OR0685-1, § 1, 10-5-2022)