Article XXI — MOVING OF BUILDINGS

SEC. 14-55. PERMIT REQUIRED.

Prior to moving a building into, out of, or within the city every person shall obtain a building moving permit (“permit”) issued by the development services manager.

(`64 Code, Sec. 9-17) (Ord. No. 2447, 2836)

SEC. 14-56. APPLICATION.

The application for the permit shall be in writing on a form furnished by the development servicesmanager.

(`64 Code, Sec. 9-18) (Ord. No. 2447, 2836)

SEC. 14-57. FEES.

An applicant shall pay the following fees at the time of submitting the application for the permit:

(A) An inspection fee in accordance with the fee schedule adopted by resolution of the city council;and

(B) A fee in the amount of 1% of the value of the building as determined from “Building Valuation Data” published in the current edition of “Building Standards,” a bimonthly publication of the International Conference of Building Officials, Whittier, California. The value of the building as determined by the development services manager shall be final and binding upon the applicant.

(`64 Code, Sec. 9-19) (Ord. No. 2447, 2836)

SEC. 14-58. COMPLETION BOND REQUIRED.

(A) When any building is moved into, out of or within the city, the development services manager shall not issue the permit until the owner of the property to which the building is to be moved (“the property”) posts a completion bond (“the bond”) with the city clerk. The owner as principal and a qualified surety company as surety shall execute the bond. The owner and surety shall be jointly and severally responsible for the bond which shall name the city as obliged and which shall be in a principal amount equal to the value of the building plus 10%.

(B) The bond shall be conditioned on the completion of the work within 90 days from the date of issuance of the permit and upon such additional reasonable terms and requirements as shall be imposed by the development services manager. In the case of any violation of the conditions of the bond, the city shall have any remedy available under the terms of the bond or usual and appropriate to the obligee of such bond under such circumstances.

(C) When approved by the city attorney, and under the conditions of the bond, the owner may provide other sureties in the form of cash, letters of credit, or other approved sureties.

(`64 Code, Sec. 9-20) (Ord. No. 2447, 2836)

SEC. 14-59. VERIFICATION REQUIREMENTS.

Prior to issuing the permit, the development services manager shall verify that:

(A) All sewers on the property have been capped at the property line and that any septic tanks have been removed;

(B) All electrical services to the property have been disconnected and removed;

(C) All gas services to the property have been removed and capped at the property line;

(D) The moving contractor has a valid State contractors C-21 license and workers' compensation insurance;

(E) The moving contractor has obtained adequate insurance as required by the risk manager to compensate the city for any damage to curbs, gutters, sidewalks, streets, landscaping or other property occurring as a result of the moving of the building;

(F) The traffic engineer, police chief, and fire chief have approved the day, time and route of the move; and

(G) The Ventura County Air Pollution Control District has evaluated the building for asbestos fiber removal.

(`64 Code, Sec. 9-21) (Ord. No. 2447, 2836)

SEC. 14-60. CONDITIONS OF PERMIT.

The development services manager may impose reasonable conditions on the issuance of the permit to protect the health, safety and welfare of the public, including but not limited to, requiring that the building comply with the provisions of the Uniform Building Code, for new buildings, as well as all other federal, State and local regulations.

(`64 Code, Sec. 9-22) (Ord. No. 2447, 2836)

SEC. 14-61. NOTICE OF MOVING.

(A) Within 24 hours of issuance of a permit, the development services manager shall post notice of the building move for seven consecutive days in the following locations:

(1)  In a conspicuous location on the front of the building to be moved; and

(2)  In a conspicuous location on the lot to which the building is to be moved, approximately 15 feet back of the front property line. If the location is a corner lot, a

second notice shall be posted in a conspicuous location facing the secondary street.

(B) The notice shall contain the following information:

(1)  Address, city block number, lot number, tract number, and zone from which the building is to be moved;

(2)  Address, city block number, lot number, tract number, and zone to which the building is to be moved; and

(3) A statement that during the seven-day posting period, any person residing within 300 feet of the existing building location or new building location may request a

hearing to protest the issuance of the permit by filing a written request with the city clerk.

(`64 Code, Sec. 9-23) (Ord. No. 2447, 2836)

SEC. 14-62. NOTICE; EXCEPTION.

The development services manager is not required to post a notice in connection with the moving of manufactured housing or permanently installed mobile home units.

(`64 Code, Sec. 9-24) (Ord. No. 2447, 2836)

SEC. 14-63. REQUEST FOR HEARING.

A request for a hearing to protest the issuance of a permit shall be in writing and signed by two or more persons residing within 300 feet of the existing building location or the new building location. A request for hearing shall be accompanied by the hearing fee set by resolution of the city council.

(`64 Code, Sec. 9-25) (Ord. No. 2447, 2836)

SEC. 14-64. HEARING OFFICER.

The city manager shall act as hearing officer.

(`64 Code, Sec. 9-26) (Ord. No. 2447, 2836)

SEC. 14-65. SETTING HEARINGS; NOTICE.

After receipt of a request for hearing, accompanied by the hearing fee, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and location of hearing to the person requesting the hearing and to the applicant.

(`64 Code, Sec. 9-27) (Ord. No. 2447, 2836)

SEC. 14-66. CONDUCT OF HEARINGS.

(A) All hearings shall be open to the public.

(B) The person requesting the hearing shall first present evidence to justify non-issuance of the permit. Thereafter, the applicant may present evidence. The burden of proof to justify non-issuance of the permit is on the person requesting the hearing.

(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(`64 Code, Sec. 9-28) (Ord. No. 2447, 2836)

SEC. 14-67. DECISION.

Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the person requesting the hearing and to the applicant a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall provide such decision to the development services manager, to be maintained with the application for the permit.

(`64 Code, Sec. 9-29) (Ord. No. 2447, 2836)

SEC. 14-68. TIME LIMIT FOR NEW APPLICATION.

If the hearing officer denies the permit application, the applicant shall not apply to move the same building to the same location within a period of six months from the date of the hearing officer's denial of the permit.

(`64 Code, Sec. 9-29.1) (Ord. No. 2447, 2836)