Chapter 15.28 — HOUSE MOVING

Where used in this chapter, the following words and phrases shall have the meanings given in this chapter. "Applicant" means the recorded owner of the land to which the structure is to be moved. "Building Inspector" means the Chief Building Inspector of this city or his or her duly designated representative. "Permit" means written authorization issued by the Building Inspection Department. "Structure" means: 1. Any stationary or semi-stationary object or building constructed of building materials; and 2. Any discarded, used, secondhand, salvaged, abandoned or replaced vehicle, street car, box car, refrigerator car, motor bus body, or similar means of conveyance, or structure of similar nature or construction. (CCCC §§ 714-2.002—714-2.010)

No person shall move, from anywhere, any structure to or within any lot, piece or parcel of land located within the city, or keep or maintain such structure there, without first having obtained a permit pursuant to this chapter from the Building Inspection Director.

(CCCC § 714-4.202)

No person shall use any structure as defined in Section 15.28.010 for habitation, residence or business; but such a structure may be otherwise used with a permit obtained pursuant to this chapter. (CCCC § 714-4.204)

Every application for a permit to move a structure shall be made upon forms to be furnished by the Building Inspector and shall contain the requirements set forth in Sections 15.28.050 through 15.28.070. (CCCC § 714-4.402)

Applications shall contain: A. The address and signature of the applicant; B. The location and address of the proposed new location of the structure; C. The name, address and license number of the contractor, if there be a contractor, or the name and address of the person doing the work involved; D. Applicant to show proof of ownership of the structure to be moved. (CCCC § 714-4.404)

The completed application shall be accompanied by a fee for investigation and report as provided in the schedule of fees recommended by the Chief Building Inspector, established and adopted by the City Council from time to time by resolution. (CCCC § 714-4.406)

The application shall be accompanied by a plot plan showing location of the structure with respect to the property lines and other buildings on the same lot. The Chief Building Inspector may require additional

plans, specifications and engineering reports showing details of construction, plumbing, heating and electrical systems, when in his or her opinion, because of the nature of the work, it would be necessary to show that the completed structure will comply with the required codes and ordinances. Plans and specifications shall be of sufficient clarity to indicate the nature and extent of the work proposed. (CCCC § 714-4.408)

Every application for a permit to move a structure shall be processed as set forth in Sections 15.28.090 through 15.28.110. (CCCC § 714-4.410)

The applicant or his or her representative shall present the application to the Community Development Department, which shall endorse its approval on the application, provided the proposed move will not violate existing zoning regulations. (CCCC § 714-4.412)

The applicant shall present the application to the Director of Public Works who shall endorse his or her approval on the application, provided the applicant has complied with Chapter 12.08. (CCCC § 714-4.414)

The applicant shall return the application to the Building Inspector for further processing. The Building Inspector shall: A. Inspect the structure for conformance to the rules and regulations contained in this title; B. Inspect the building to determine whether it complies with the plans and will conform with the rules and regulations when completed, contained in this title; C. Inspect the building to determine whether the building when in place and completed, will have a finished appearance and will be aesthetically compatible with the other properties in the vicinity; D.

Determine the estimated cost of placing and completing the building according to the plans and specifications. No structure in need of sixty (60) percent or more of repair shall be moved. (CCCC § 714-4.416)

Before the permit is issued, the applicant shall post with the Building Inspector a performance bond in cash in the amount of five hundred dollars ($500.00) minimum, or ten percent of the on-site completion costs as determined by the Building Inspector under Section 15.28.110(D). The condition of the bond shall be that the applicant shall forfeit the bond upon failure to place and complete the structure according to plans and specifications within the time allowed in Section 15.28.150. (CCCC § 714-4.602)

If the application is denied by the Building Inspector for any reason, the Building Inspection Department shall notify the applicant that the application is denied. If the application is denied because the plans and specifications have not been approved by the Building Inspector under Section 15.28.110(C), the applicant may appeal to the Board of Adjustment within ten days after written notification of the denial by filing an appeal with the Community Development Department. (CCCC § 714-4.802)

Proceedings on appeal shall be had under the procedural ordinance of this city. The administration of these matters is referred to the Board of Adjustment. (CCCC § 714-4.804)

All required alterations and improvements shall be completed within ninety (90) days after the issuance of a permit to move structures. The Building Inspector may extend the time period on submission of written proof by the holder of the permit that conditions beyond his or her control make it impossible to complete the required alterations and improvements within the ninety (90) day period. (CCCC § 714-6.202)

Structures that are not completed according to the submitted plans and specifications within ninety (90) days of the date of issuance of the permit, and any extension of time that may have been granted by the Building Inspector, may be declared a public nuisance by the City Council. (CCCC § 714-6.402)

The Building Inspector shall file a written petition with the City Council requesting a hearing to have the structures declared a public nuisance, and setting forth a brief statement of the grounds therefor. (CCCC § 714-6.404)

The Building Inspector shall notify the applicant, and any mortgagee or beneficiary under any deed of trust of record, at the last known address of the mortgagee or beneficiary, and if such address is unknown, then it shall be addressed to the county seat of the county where the property is situated, of the hearing before the City Council at least thirty (30) days prior to the hearing date. The notice shall be given by sending a copy by registered or certified mail, postage prepaid, return receipt requested, to the applicant, at applicant's address as contained in his or her application. The notice shall state the conditions by which the structure is deficient from the submitted plans and specifications, and shall direct the applicant to appear before the City Council and show cause why such structure should not be declared a public nuisance and the nuisance be abated as herein provided Upon the conclusion of the hearing the City Council may, by resolution, declare its findings and may declare the structure to be a nuisance and direct the applicant to abate the same, within thirty (30) days after the date of posting on the premises a notice of the passage of the resolution, by having the structure properly moved, reconstructed, completed or repaired, or by having the same razed or removed, and notifying the applicant that if the nuisance is not abated the building will be moved, reconstructed, completed, repaired, razed or removed by the Building Inspector and the expense thereof made a lien on the lot or parcel on which the structure is then situated. (CCCC § 714-6.406)

Thirty (30) days after the posting of aforesaid resolution, the Building Inspector acquires jurisdiction to abate such nuisance by completion and reconstruction according to the submitted plans and specifications or by razing or removing the structure, whichever is of the least cost as determined by contract bids. The Building Inspector may have the contract executed under his or her direction and supervision, and the cost shall constitute a lien on the lot or parcel on which the structure is then situated. (CCCC § 714-6.408)

If the Building Inspector abates the nuisance, he or she shall mail a verified statement of expenses and notice of hearing when and where the statement shall be submitted to the City Council for approval and confirmation, mailed in the manner prescribed above for notice of hearing to declare a public nuisance. The hearing on the statement of expenses shall be held not less than ten days from the date of mailing, and the City Council shall consider any objections or protests as may be raised by applicant or other interested persons. The City Council may make such revision, correction or modification in the statement as it may deem just after which, by motion or resolution, the statement of expenses shall be confirmed. The amount

of any cash bond deposited pursuant to Section 15.28.120 shall be credited to the statement of expenses, or if the situation warrants, unused portions of the bond shall be refunded to applicant upon presentation of a properly executed demand. The amount of expenses of abating the nuisance, if not paid within five days, shall constitute a lien on the property, which lien shall continue until the amount thereof and interest thereon at the rate of seven percent compounded annually, computed from the date of confirmation until paid. Such lien shall be recorded within sixty (60) days of the date of confirmation and shall be on a parity with the lien of state, county and municipal taxes. (CCCC § 714-6.410)

Every violation of this chapter is declared to be a misdemeanor, punishable on conviction according to the provisions set forth in Chapter 1.20. (CCCC § 714-6.602)