Chapter 12.16 — MOVING BUILDINGS ALONG STREETS

This chapter shall be known and designated as the "moving ordinance."

(Ord. 3250 § 11, 1935)

A.

It is unlawful to move any building or vehicle or equipment herein referred to upon or along any street in the city without complying with the provisions of this chapter.

B.

It is unlawful for any person, firm or corporation to move any building or structure or portion of any building or structure or any vehicle or equipment as classified in Section 12.16.030, on any street, without first filing a written application and without first securing a permit in writing from the public works department so to do, in the manner provided by this chapter.

(Ord. 5070 § 2 (part), 1972; Ord. 3250 § 1, 1935)

For the purpose of this chapter buildings, vehicles or equipment to be moved are classified as follows:

A.

Class A. Any building not exceeding 400 square feet in gross floor area or 16 feet in total height when loaded, which is moved on a motor truck; any vehicle or unit of special maintenance or construction equipment such as pavement rollers, ditch diggers, tractors, steam shovels, etc., which may injure existing pavements or structures; or any vehicle whose height, length, width or gross weight including load, exceeds the limitations set forth in the California Vehicle Code;

B.

Class B. Any building which when loaded on a truck, trailer, dollies or rollers, does not exceed 22 feet in height or 30 feet in width;

C.

Class C. Except as hereinafter provided, any building not otherwise classified which when loaded on dollies, rollers or trailer does not exceed 28 feet in height, or 40 feet in width;

D.

Class D. Any building which when loaded on dollies, rollers or trailer exceeds 28 feet in height or 40 feet in width;

E.

Class E. Any building the walls of which are of masonry or concrete construction and which when loaded on dollies or rollers exceeds 22 feet in height or 30 feet in width.

(Ord. 5070 § 1, 1972; Ord. 3250 § 2, 1935)

A.

It is unlawful to move any Class B, C, D or E building upon or along any street in the city without complying with the following regulations:

No building shall be moved across any bridge in the city or upon any street in the city without first obtaining a permit from the department of public works;

No building shall be moved upon rollers unless planks are placed under said rollers of such width and in such manner as to protect the surface of the street from damage; provided, however, that the department of public works may issue a special permit authorizing the moving of such a building without placing planks as required by the provisions of this subsection.

No building shall be moved unless moved upon rollers or upon a truck having wheels equipped with pneumatic or solid rubber or metal tires.

No building shall be allowed to remain stationary on any street intersection or upon any street in such manner as to obstruct the access to any fire plug, standpipe or other fire-fighting appliance located upon or adjacent to such street.

No building shall be moved or allowed to remain stationary within the city between 6:01 a.m. and 11:59 p.m. No building shall be moved or allowed to remain stationary upon any public street unless the building is equipped with at least 3 flashing (yellow) warning lights on each face of the building. See Section 7-6 of the work area traffic control handbook for flasher specifications.

No building shall be moved upon any public street without notifying the fire and police departments within one hour prior to entering the city limits and once every two hours during the time in which the building is being moved. The mover shall give the exact location of the building at the time of such notifications.

No building shall be moved within the city unless provision is made for the protection of and prevention of injury to any tree, shrub or plant located in or on any street, park, pleasure ground, boulevard, alley or public place of the city.

No building shall be moved upon any street at any other time or to any other destination or over any other street or route or in any manner other than as specifically authorized in the permit therefor. No building shall be moved on any street without first having notified the appropriate utility company of the time and place of the moving operations.

No building shall be moved through the city during the period of November 15th through January 5th, inclusive, unless the director of public works determines that an emergency exists which necessitates the moving of the building, or such move is in the best interests of the city.

The director of public works shall have the option to cancel any move at any time due to inclement weather and conditions which, in the opinion of the director of public works, could cause the move to be hazardous.

B.

No permit shall be issued pursuant to the terms of this chapter unless the applicant has received a Building Moving and Wrecking Contractors License from the state of California and has received all licenses or permits necessary to perform the work specified in the application.

C.

Whenever a building or structure is being moved into the city or from one location to another within the city limits, a use permit is required in addition to a moving permit. No moving permit shall be issued under this chapter for such a building or structure unless a use permit number and the date of approval of the use permit are shown on the moving permit.

D.

No permit shall be issued for moving any building or structure unless the sewer in the building or structure has been disconnected and closed and sealed in accordance with the provisions of the plumbing code as amended. Prior written confirmation of such closure may be required by the director of public works.

E.

Upon request, the applicant shall submit in writing for approval by the director of public works a list of all safety precautions to be taken during the move. Such items as lighting, signs and number of workers shall be sufficient to provide for a safe move. The representative of the director of public works may require additional precautionary measures to be taken at any time during the move made before the move can proceed or continue.

(Ord. 6183 § 1, 1986: Ord. 5070 §§ 2 (part), 3 (part), 4 (part), 6, 1972; Ord. 3841 § 1, 1945; Ord. 3640 § 1, 1942; Ord. 3271 § 1, 1936; Ord. 3250 § 3, 1935)

A.

The application for a permit to move a building or structure, to be issued hereunder, shall be addressed to and filed with the public works department, and shall contain the following:

The legal description or address of the property to which the building is to be moved;

The size, in outside dimensions, and character of the building proposed to be moved;

The estimated total weight of the building and moving equipment when resting on the street;

The dates and hours during which the moving of the building will be conducted;

The location from which the building is to be moved;

The streets and routes to be followed for the moving of the building;

Specific emergency storage locations along the route in case the move cannot be completed;

A receipt of notice of intention to move the building at the hours stated in the application, acknowledged by the appropriate telephone company and any other utility which may be deemed necessary by the public works department.

B.

The application for a permit to move any vehicle or equipment as designated in Class A shall contain the following:

The vehicle or equipment proposed to be moved, stating the outside dimensions and the total weight;

The streets or routes to be followed in moving such equipment; and

Emergency storage locations along the route in case the move cannot be completed.

C.

An accurate sketch with dimensions may be required by the public works department at the time the application is filed.

(Ord. 6183 § 2, 1986: Ord. 5070 §§ 2 (part), 4 (part), 5 (part), 1972; Ord. 3640 § 2, 1942; Ord. 3250 § 4, 1935)

Wherever it shall be necessary or convenient in order to move any building or structure, to remove any wires, the person desiring that the wires be removed shall serve notice in writing upon the person controlling, managing or operating such wires (in case a corporation is operating such wires, then service shall be made upon an executive officer of the corporation). The notice shall specify the work proposed, and the time at which such work will be done, which time shall be not less than 48 hours after the time of receipt of the notice by the person operating the wires. Within 24 hours after the receipt of the notice the person controlling, managing or operating such wires, shall, on demand, furnish to the person

serving the notice an itemized estimate showing the probable cost of removal and restoration of such wires. Sundays and legal holidays shall be excluded in computing the time for the notice and the estimate herein required.

(Ord. 3250 § 5(a), 1935)

The person desiring the removal of wires shall make a deposit of the amount of the estimated cost of removal and restoration of wires (determined as provided in Section 12.16.060), with the person controlling, managing or operating such wires. Thereupon, and at the time of the performance of such work (determined as provided in Section 12.16.060), it shall be the duty of the person controlling, managing or operating such wires, to temporarily remove their wires and restore the same as soon as the position of such building or structure will permit of such restoration.

(Ord. 3250 § 5(b), 1935)

When the work of restoration is completed the person controlling, managing or operating such wires, shall render an itemized statement of the actual cost of the work. The actual cost may be deducted from the amount of the deposit and the balance, if any, shall be returned to the person making the deposit. The estimated cost of the work shall not be conclusive, and in case the deposit made is insufficient to cover the cost of removal and restoration, the person controlling, managing or operating such wires may recover the difference between the actual expense incurred in completing such work of removal and restoration, and the amount of the deposit from the person or persons whose acts have made such work necessary.

(Ord. 3250 § 5(c), 1935)

It is unlawful for any person to remove any wire or wires without first having given the notice and made the deposit as herein provided, or to unnecessarily impede, hinder or obstruct the work of removal of any building, or to unnecessarily impede, hinder or obstruct the work of removal or restoration of any wire.

(Ord. 3250 § 5(d), 1935)

A.

Permit Fees. Before issuance of any permit hereunder the applicant shall pay the following permit fee:

Class A permit .....$ 8.00

Class B permit .....50.00

Class C permit .....50.00

Class D permit .....80.00

Class E permit .....165.00

B.

Deposits. Any person, firm or corporation who regularly moves vehicles or equipment under a Class A permit may, in lieu of paying the permit fee in advance each time a permit is issued, maintain with the public works department a general deposit in an amount of $100.00 or an amount not less than the total cost of all permits issued to said person, firm or corporation during any prior 60 consecutive day period, whichever amount is larger. The general deposit shall be maintained by the city as a guarantee of payment of permit fees for all permits issued to the person, firm or corporation. Where a permittee maintains a general deposit with the public works department for the purpose stated above, the city will bill the permittee

monthly for all permits issued during the preceding month. Bills will be due and payable upon presentation and will be delinquent 15 days thereafter. At any time a bill for permit fees becomes delinquent or the total cost of permits issued within any 60-day period exceeds the amount of the deposit placed with the public works department, the department shall request the city controller to deduct all outstanding charges from the general deposit and thereafter the issuance of any additional permits shall be withheld by the public works department until all outstanding permit charges are paid.

C.

Inspection Fee. The applicant shall deposit additional sums of money as determined by the director of public works to pay for an inspector or inspectors to be on the job at the time of the move. The actual cost, including truck time, plus 10 percent, shall be paid in advance with a 6-hour minimum. Additional deposits may be required to protect other city interests as warranted. Said deposits shall be refunded only if the permittee notifies the director of public works of cancellation of the move prior to 3:00 p.m. of the afternoon preceding the scheduled move.

(Ord. 6183 § 3, 1986; Ord. 5368 § 20, 1978; Ord. 5222 § 1, 1975; Ord. 5078 § 1, 1972: Ord. 5070 § 6, 1972: Ord. 3250 § 6, 1935)

A.

The city may do or cause to be done the following:

Protect, trim or cut any trees along the route of moving;

Safeguard the wires, poles or equipment of the water and power and public works departments;

Remove any building which is left on a public street or alley beyond the time specified on the moving permit;

Repair any damage to public property by reason of the moving of any building, vehicle or equipment.

In such case, the permittee shall, upon demand, pay to the director of public works a sufficient sum to cover all the costs of the services or work performed.

B.

Where any permit fee has been paid more than once, or illegally, erroneously or wrongfully paid or collected, or where any application for a permit is denied, such permit fee less $10.00 costs shall be refunded by the city controller when the applicant, his attorney, executor, administrator or authorized agent or guardian, files a verified claim for refund with the city controller within 30 days after the expiration of the permit or refusal or failure to issue the permit, setting forth the name and address of the claimant, the amount and date of the payment sought to be refunded, and the ground upon which the claim is based, provided the claim has been approved by the director of public works.

(Ord. 5070 § 8, 1972: Ord. 4740 § 1, 1965: Ord. 4323 § 1, 1954; Ord. 4317 § 1, 1954; Ord. 3250 § 7, 1935)

A.

Relocation Permit. No permit for the moving of any building or structure shall be issued until the city building and code enforcement administrator has first issued to the owner of the premises to which the building is to be moved a permit to relocate the particular building upon those premises. Such permit shall be called a "relocation permit."

However, such permit shall not be required if the building is to be moved to any premises located outside the city.

B.

Application for Relocation Permit. Every application to the city building and code enforcement administrator for a relocation permit shall be in writing upon a form furnished by the city building and code enforcement administrator and shall set forth such information as the city building and code enforcement administrator may reasonably require in order to carry out the purposes of this section.

All applications for relocation permits shall expire 180 days after date of application. If a building permit is not issued within the 180-day period, a new application shall be required for which a new fee shall be charged.

C.

Inspection Costs. Before any application for a relocation permit is accepted, an application fee shall be paid by the applicant to the city building and code enforcement administrator to cover the cost of investigation and inspection. The application fee shall be $38.00 for a building (including garage), or $15.00 for each dwelling unit, separate store or tenancy, whichever is greater, for any building located within the city. Buildings located outside the city to be moved into the city shall be subject to an additional charge of $150.00 per building.

D.

Faithful Performance Bonds. Before any such relocation permit shall be issued, the applicant shall:

File in the office of the city building and code enforcement administrator a faithful performance bond, commonly designated as a "relocation bond," in an amount at least 10 percent more than the city building and code enforcement administrator's estimated cost of the work required under terms and conditions imposed by the city manager; and said bond shall guarantee that the required work shall be completed within 90 days of the date on which the building is moved to its new location; provided, however, that such time may be extended by the city building and code enforcement administrator upon written application showing good cause therefor;

File in the office of the public works department a faithful performance bond, commonly designated as a "moving bond," guaranteeing completion of the moving work within the time specified on the permit, in an amount specified by the public works department not to exceed the sum of $10,000.00. The bond shall also guarantee the repair or costs of repair for damaged curbs, gutters, sidewalks, driveways, pavement, signs, trees, poles and light and power facilities caused by the moving, or the cost of moving a building from a public street or alley as specified in subsection A of Section 12.16.110.

a.

The faithful performance bonds shall be executed by a corporate surety in compliance with the provisions of Ordinance No. 2959, codified at Chapter 2.64, and shall be approved as to form by the city attorney. The bonds shall inure to the benefit of the city and be conditioned upon the faithful performance of the work required under the terms and conditions of the relocation permit to the satisfaction of the city building and code enforcement administrator and public works department, respectively. In lieu of the faithful performance bond a cash deposit in said amount may be made with the city controller.

b.

No "moving bond" shall be required for Class A permits.

c.

In addition to the faithful performance bond, a cash deposit shall be made with the public works department. Said cash deposit is subject to refund or additional billing and shall be used to pay for repairs to city-owned property which may be caused, either directly or indirectly, by the subject house moving. In no way shall this deposit limit the applicant as to his responsibility to pay for damages.

E.

Safety Factors. No permit shall be issued to relocate any building or structure which is so constructed or designed that it does not fully conform to the provisions of all applicable codes and ordinances currently in effect for the intended use and location of the structure. The city building and code enforcement administrator may grant a permit to relocate a building or structure which does not fully conform to the provisions of all applicable codes and ordinances provided the building or structure will be modified, reconstructed or repaired at its new location to fully conform to such applicable code and ordinance provisions. Relocated buildings shall be compatible in age and general appearance with other buildings in the area into which they are moved.

F.

Denial of Permit. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the relocation permit shall be denied.

(Ord. 6183 § 4, 1986; Ord. 5368 § 22, 1978; Ord. 5078 §§ 2—7, 1972; Ord. 5070 §§ 9, 10, 1972; Ord. 4323 § 2, 1954: Ord. 4317 § 2, 1954; Ord. 3853 § 1 (part), 1945: Ord. 3250 § 7A, 1935)

Any person, firm or corporation, as principal officer, agent, clerk or employee, whether acting for himself or itself or for another person, firm or corporation, who or which violates any provisions of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment in the city jail not exceeding 6 months, or by both such fine and imprisonment.

(Ord. 3250 § 8, 1935)