§ 3-6

No person shall move any building having a width of more than eight feet (8) measured at right angles to the direction of movement over, along or across any highway, street or alley in the City without first obtaining a permit from the City Manager. The City Manager may delegate to any other City officer any of his or her authority conferred by this chapter. (§ 1, Ord. 248, eff. April 22, 1959)

A person seeking issuance of a permit pursuant to this chapter shall file an application for such permit with the City Manager.

• (a) Form. The application shall be made in writing, upon forms provided by the City Manager.

• (b) Contents. The application shall set forth:

  • (1) A description of the building proposed to be moved, giving the street number, construction materials, dimensions, number of rooms and condition of exterior and interior;

  • (2) A legal description of the lot from which the building is to be moved;

  • (3) A legal description of the lot to which it is proposed such building be removed;

  • (4) The portion of the lot to be occupied by the building when moved;

  • (5) The highways, streets and alleys over, along or across which the building is proposed to be moved;

  • (6) Proposed moving date and hours; and

  • (7) Any additional information which the City Manager shall find necessary to a fair determination of whether a permit should issue.

• (c) Certificate of ownership or entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that he is entitled to move the building.

• (d) Fee. The application shall be accompanied by a permit fee in the amount of $50 for each building proposed to be moved.

• (§ 1, Ord. 248, eff. April 22, 1959)

An application hereunder shall be accompanied by a cash deposit in the sum of $5,000 as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street, alley, sidewalk, fire hydrant or other property of the City, which may be caused by or be incidental to the removal of any building over, along or across any street in the City and to indemnify the City against any claim of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by, or incidental to the moving of any

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City of Ojai, CA

PUBLIC SAFETY

§ 3-6.03

§ 3-6.04

building over, along or across any street in the City.

• (a) Bond in lieu of deposit. Any person filing an application pursuant to this chapter may, in lieu of the general cash deposit required by this section, file with the City Manager a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the State in the amount of $5,000 for each building proposed to be moved. Such bond shall run to the City for the use and benefit of any person intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance, or nonfeasance, or negligence in connection with any of the activities or conditions upon which the permit applied for is granted.

• (b) Insurance policy in lieu of deposit. Any person filing an application pursuant to this chapter may, in lieu of the general cash deposit required by this section, file with the City Manager an insurance policy, issued by an insurance company authorized to do business in the State, and approved as to form by the City Attorney, in the same amount and providing the same protection as would be required for a bond hereunder.

• (§ 1, Ord. 248, eff. April 22, 1959)

• (a) Inspection. The City Manager shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met.

• (b) Standards for issuance. The City Manager shall refuse to issue a permit if he or she finds:

  • (1) That any application requirement or any fee or deposit requirement has not been complied with;

  • (2) That the building is too large to move without endangering persons or property in the City;

  • (3) That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City;

  • (4) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City;

  • (5) That the applicant's equipment is unsafe and that persons and property would be endangered by its use;

  • (6) That zoning regulations or other provisions of this Code would be violated by the building in its new location; or

  • (7) That for any other reason persons or property in the City would be endangered by the moving of the building.

• (c) Fees and deposits.

  • (1) Deposit. The City Manager shall deposit all fees and deposits, and all bonds or insurance policies with the City Treasurer.

  • (2) Return upon non-issuance. Upon his or her refusal to issue a permit, the City Manager

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City of Ojai, CA § 3-6.04

OJAI CODE

§ 3-6.06

shall initiate the refund of all deposits, bonds and insurance policies to the applicant. Permit fees filed with the application shall not be returned.

• (3) Deductions for damages. After the building has been removed, the City Manager shall furnish the Council with a written report of all damage caused to or inflicted upon property belonging to the City. The Council shall authorize the return to the applicant of the amount of all deposits after the deduction of sums sufficient to pay for all damage done to the property of the City by reason of the removal of the building. Permit fees deposited with the application shall not be returned.

• (d) Designate streets for removal. The City Manager shall prepare a list of designated streets over which the building may be moved and shall reproduce the list upon the permit in writing. In making his or her determinations, the City Manager shall act to assure maximum safety to persons and property in the City to minimize congestion and traffic hazards on public streets.

• (§ 1, Ord. 248, eff. April 22, 1959)

Every permittee under this chapter shall:

• (a) Use designated streets. Move a building only over streets designated for such use in the written permit.

• (b) Notify of revised moving time. Notify the City Manager in writing of a desired change in moving date and hours as proposed in the application.

• (c) Notify of damage. Notify the City Manager in writing of any and all damage done to property belonging to the City within 24 hours after the damage or injury has occurred.

• (d) Display lights. Cause red lights to be displayed during the night time on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building.

• (e) Street occupancy period. Remove the building from the City streets after four days of such occupancy, unless an extension is granted by the City Manager.

• (f) Comply with governing law. Comply with building, fire zone and zoning provisions of this Code and all other applicable provisions of the City laws and State statutes.

• (g) Pay expenses of officer. Pay the expense of a traffic officer ordered by the City Manager to accompany the movement of the building to protect the public from injury.

• (h) Clear old premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition.

• (i) Remove service connection. See that the sewer line is plugged with a concrete stopper, the water shut off, and the meter returned to the owner thereof. The permittee shall notify the gas and electric companies to remove their services.

• (§ 1, Ord. 248, eff. April 22, 1959)

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City of Ojai, CA

PUBLIC SAFETY

§ 3-6.06

§ 3-6.06

• (a) Enforcing officer. The City Manager shall enforce and carry out the requirements of this chapter.

• (b) Permittee liable for expense above deposit. The permittee shall be liable for any expenses, damages or costs in excess of deposited amounts or securities, and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.

• (c) Original premises left unsafe. The City shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition, where the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the general deposit.

• (§ 1, Ord. 248, eff. April 22, 1959)

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City of Ojai, CA § 3-7.01

PUBLIC SAFETY

§ 3-7.05

CHAPTER 7 SKATEBOARD PARK FACILITIES

Editor's note—Ord. No. 810, Sections 2—7, effective May 13, 2010, amended Chapter 7 in its entirety to read as herein set out. Former Chapter 7, Sections 3-7.01—3-7.04, pertained to skateboard parks and derived from Ord. No. 742, eff. February 11, 2000.