Richmond Municipal Code Ch. 6.08 Moving of Buildings or Structures Code

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Editor's note— Prior ordinance history: Ordinance No. 1373 as amended by Ordinance No. 319 N.S. and 14-83 N.S.

These regulations shall be known as the "Moving of Buildings and Structures Code," may be cited as such, and will be referred to herein as "this code."

This code is one of the technical codes of Building Regulations and is administered under Chapter 6.02 of the Municipal Code of the City of Richmond as such.

It shall be unlawful for any person other than a duly California State Licensed General (A or B) or Housemoving (C-21) Contractor to raise, lower, or shore any building or structure within the City of Richmond or to move any building or structure into, out of or within the City of Richmond.

A house moving permit is required prior to the commencement of any work of such nature and may only be granted by the Building Official of the City of Richmond in accordance with conditions set forth in Section 6.08.030.

No house moving permit shall be granted except upon the conditions and subject to the terms as follows:

(A) That application be made therefor, as provided in Section 6.08.040;

(B) That, in the event the building is to be moved from a location outside the City of Richmond to a location within the City of Richmond, the applicant shall pay to the City of Richmond at the Office of the City Clerk of the City of Richmond, a house moving permit application fee of ten dollars, payable at the time of filing application for such permit;

(C) That the applicant pay, at the time of granting such permit, a house moving permit fee in accordance with the fee schedule established by resolution of the City Council;

(D) That the applicant at the time of filing his application, file a photograph of the building to be moved, and a plot plan and elevation diagram of said building for the location at which the building is to be moved;

(E) That the applicant post a bond in the amount of one thousand dollars in accordance with terms of Section 6.08.090;

(F) That the owner of the building to be moved post a cash or security company bond in accordance with the terms of Section 6.08.080;

(G) That applicant deposit with the City of Richmond at the office of the Building Official the sum of fifty dollars ($50.00), plus a sum sufficient to cover the cost to the City of Richmond, as estimated by the Director of Public Works and the Director of Parks, of trimming, moving, removing or replanting any trees or shrubs, and of moving or replacing any structure including, without limiting the generality of the foregoing, poles, signs, fences, sign cables, etc., belonging to or under the control of the City of Richmond;

(H) That the applicant file proof of liability insurance in accordance with the provisions of Section 6.08.100 hereof;

(I) That the applicant obtain the written approval of the Director of Public Works, the Chief of Police, the Chief of the Fire Department and the Director of Parks of the route over which the building shall be moved;

(J) That the work to be done pursuant to the permit comply with all of the provisions of this chapter and all other applicable laws of the City of Richmond;

(K) That the work to be done pursuant to the permit comply with all of the terms and conditions of the permit granted; which terms and conditions shall include, among other things, the following:

1. That the work to be done pursuant to the permit shall be completed within a reasonable time as specified in said permit, but if no time limit is specified, within ninety days after the date of issuance thereof;

2. That all work pursuant to the permit be performed in a good, workmanlike and careful manner;

3. That all water, gas, electric and telephone connections at the location from which the building is to be moved be disconnected by the utility company supplying the services;

4. That all sanitary sewer connections be closed at or within the property line of the location from which the building is to be moved;

5. That after the said building is moved, the site from which it was moved be cleared of all loose debris and rubbish and depressions filled or safely covered;

6. That the applicant and the owner of the said building comply with such other terms and conditions as the Building Official may deem reasonable and proper for the protection of the safety, health and welfare of the people of the City of Richmond, including, but not limited to, the hours at which public streets or parks may be used, the designation of public streets or parks which may be used, the requirements of changes, alterations, additions, repairs to be made upon the building moved in order that the relocation thereof will not be materially detrimental or injurious to the public welfare or to the property and improvements in the area at which the building is to be moved.

7. If the location to which the building is to be moved is outside the City of Richmond, that the applicant file evidence that he has obtained the consent or permission from the City or the County to which the building is to be moved.

Any person desiring a house moving permit shall file with the Building Official of the City of Richmond an application therefor on a form to be furnished by the City for such purpose, which application shall state, among other things:

(A) The type and dimension of building to be moved;

(B) The use, purpose and occupancy intended for said building at the location to which it is to be moved;

(C) The present location of said building;

(D) The location to which said building is to be moved;

(E) Whether any change of the zoning of the location to which said building is to be moved is necessary or contemplated;

(F) In each case where the building is to be moved to a lot or parcel within this city, the names and addresses of all owners of the land within this city which is located within two hundred feet from the boundaries of this city which is located within two hundred feet from the boundaries of the lot or parcel, as such names and addresses appear on the last equalized assessment roll of the county of Contra Costa.

No permit shall be issued for the moving of any building or structure without the applicant first obtaining approval from the Planning Director of the City of Richmond.

(A) No permit shall be issued to move any building which is so constructed or in such condition as to be dangerous; or which is infested with pests or is unsanitary; or which, if it is a dwelling or habitation, is unfit for human habitation or which is so dilapidated, defective, unsightly, or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm or be materially detrimental to the property or improvements in the district within a radius of one thousand feet from the proposed site; or if the proposed use is prohibited by the zoning laws of the City of Richmond; or if the structure is of a type prohibited in the proposed location by a law of the City of Richmond. Provided, however, that if the condition of the building or structure, in the judgment of the Building Official, admits of practicable and effective repair, a permit may be issued upon such terms and conditions as the Building Official shall deem appropriate.

(B) No permit shall be issued pursuant to this chapter to move to any location within the City of Richmond any building constructed by the United States of America, or any agency thereof, during the period from within the City of Richmond designated as CAL-4171, CAL-4172, CAL-4173, CAL-4174, CAL-4175, CAL-4176, CAL-4177, CAL-4178, CAL-4412, CAL-4414, CAL-4415, CAL-4417-18, CAL-4673, CAL-4674, 4772, CAL-4762, CAL-4763 and CAL-4764.

Any permit granted pursuant to this chapter may be revoked at any time for cause.

(A) The work of moving any building within, into, from or through the City of Richmond shall be done in a careful manner. The work of moving every building which is moved on any public street, alley way or park in the City of Richmond shall be under the supervision and control of the Building Official and shall be done in the manner prescribed by the Building Official.

(B) Notice of the time of commencement of work of moving a building shall be given to the Building Official and to the Police Department of the City of Richmond not less than thirty-six hours nor more than forty-eight hours prior to said time.

(C) During the period from one-half hour after sunset to one-half hour before sunrise, lighted lanterns shall be hung at least every five feet along each end or side of any building or structure while in a public street or way. At all times while any building or structure is in a public street or way the house mover shall maintain "street closed" warning barriers at both ends of the block, and during the period from one-half hour after sunset to one-half hour before sunrise lighted lanterns shall be maintained not more than five feet apart on such barriers but not less than three in all on each barrier. All house movers shall keep the Fire Department advised at all times of the location of any building or structure on any public street or way.

(D) The work of moving any building shall be conducted to completion with due diligence. It shall be unlawful for any person either as mover or the one causing the moving to be done or as the owner of the real property to which the building is moved or as the owner of the building being moved to permit any building or structure which has a floor area in excess of four hundred square feet to remain upon any real property in the City of Richmond for more than ninety days unless said building or structure is attached to the ground by a foundation erected in accordance with the provisions of the Building Code of the City of Richmond.

(E) No person either as mover of a building or the one causing the moving to be done or as the owner of any building being moved over any public street, alley, way, or park in the City of Richmond shall permit said building to remain in any one location on any public street, alley, way or park for a period longer than twenty-four hours, except with the written permission first obtained from the Building Official and the Chief of Police.

(F) The Chief of Police may, in his discretion when he deems the same to be necessary, provide police escorts, at owners expense, in connection with the movement of buildings within the City of Richmond.

(A) Before any house moving permit shall be issued, there shall be filed with the City Clerk a bond in an amount to be determined by the Building Official which shall be equal to the Building Official's estimate of the costs, plus ten percent (10%) thereof, of the work required to be done in order to comply with all of the terms and provisions of such permit. Said bond shall be executed by the owner of the real property to which the building is to be moved as principal and by a responsible surety company as surety. In lieu of a surety bond, the owner's bond may be secured by a deposit of cash in said amount. The bond shall name the City of Richmond as obligee and shall be conditioned that all work performed pursuant to the house moving permit shall comply with this chapter and all other applicable laws of the City of Richmond and with all of the terms and conditions of the permit. Any extension granted by the Building Official of the time within which the work pursuant to a house moving permit shall be performed shall not release any surety or security on such bond. Each bond shall be subject to approval as to form by the City Attorney.

(B) Each bond pursuant to this section shall terminate upon the completion of the work contemplated by the house moving permit in accordance with this chapter and all other applicable laws of the City of Richmond and with all of the terms and conditions of the said permit, as the same shall be determined by the Building Official. When a cash bond is posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been deducted as provided in subsection (c) hereof.

(C) Whenever a default has occurred in the performance of any term or condition of any house moving permit, written notice thereof shall be given to the principal and the surety of the bond by the Building Official, which notice shall state the work to be done, the estimated cost thereof, the period of time deemed to be necessary reasonably to complete such work. After receipt of such notice, the principal or surety must within the time therein specified either cause the work to be done or pay over to the Building Official the estimated cost of doing the work as set forth in the notice, plus ten percent of said estimated cost. Upon receipt of such payment, the Building Official shall use the cash deposit, or any portion thereof, to cause the required work to be done. If the principal defaults the surety shall have the option, in lieu of completing the work required, to demolish the building and to leave the site thereof vacant and clean. The Building Official shall have the same option in the event of default of the surety.

Before the house moving permit is issued hereunder, the person performing the work of moving the building shall file with the City Clerk a bond in the amount of one thousand dollars to be executed by such person as principal and by a responsible surety to be executed by such person as principal and by a responsible surety company as security. In lieu of the surety company bond, the bond of such person may be secured by the deposit of cash in the amount of one thousand dollars. Said bond shall name the City of Richmond as obligee and shall be conditioned that the principal thereof will comply with all of the provisions of this chapter and all other applicable laws of the City of Richmond now or hereafter in effect, and with all of the terms and conditions of the house moving permit, and that the principal will pay for any and all damages to any property belonging to the City of Richmond including, without limitation, streets, curbs, sidewalks, pavements, signs, fences, trees, etc., resulting from the moving of any building by the principal and that the principal will indemnify and keep harmless the City of Richmond against any and all damages, claims, judgments, costs and expenses which in any manner accrue against the City of Richmond in consequence of the granting by him, or the exercise by him, of any house moving permit hereunder. Said bond shall operate as a continuing bond for the purpose of this chapter for a term of two years from and after the date thereof, and shall be subject to approval as to form by the City Attorney. Said bond shall remain in effect for two years from the date thereof unless the earlier cancellation thereof is consented to by the City Clerk and the Building Official.

Before any house moving permit is issued hereunder, the applicant therefor shall file with the City Clerk a certificate or other evidence that there is in effect a policy of comprehensive liability insurance issued by a responsible insurance company which policy shall insure the City of Richmond, the permittee and all other persons performing work pursuant to such permit, against loss from the liability imposed by law for injury to or death of any person, or damage to any property arising in any manner out of the work performed pursuant to such permit, in amounts not less than fifty thousand dollars exclusive of costs and interest on account of injury to or death of any one person, and one hundred thousand dollars exclusive of costs and interest on account of injury to or death of more than one person, and twenty-five thousand dollars for damage to property of others. Such policy of insurance shall be subject to approval as to form by the City Attorney.

(A) In the event the moving of any building makes it necessary to trim, move or remove, or replant any tree or shrub, or to move, remove or replace any sign, fence or other structure belonging to or under the control of the City of Richmond, the permittee, or his authorized representative, shall notify the Director of Parks at least forty-eight hours prior to the time such moving will necessitate removal of such obstruction. The permittee shall not at the expiration of said time of notice nor at any other time, trim, move, remove or replant or otherwise disturb any such tree, plant or shrub, and such work shall be done only by authorized workmen of the City, unless otherwise approved and so ordered by the Director of Parks. The permittee shall pay to the City any and all costs and expenses for trimming, moving removing or replanting any tree, plant, shrub or the amount of any damage to any tree, plant or shrub caused by such moving operation.

(B) In the event that the moving of any building makes it necessary to move, remove or replace any sign, post, fence, wires, guys, poles or other structure belonging to or under the control of the City, the permittee or his authorized representative shall notify the Building Official at least forty-eight hours prior to the time such moving will necessitate removal of such obstruction. The permittee shall not at the expiration of said time of notice nor at any time move, remove or replace any such structure and such work shall be done only by the authorized workmen of the City, unless otherwise approved and so ordered by the Director of Public Works. The permittee shall pay to the City any and all costs and expenses for the moving, removing, or replacing of any such structure and of any damage to any property of the City occasioned thereby.

(C) In the event the moving of any building causes damage to public streets or other public property, the permittee or his authorized representative shall promptly notify the Building Official thereof, and such permittee shall upon receipt of authorization from the Building Official proceed to make all necessary repairs to such streets or other public property, provided, however, should said permittee fail to make said necessary repairs in the period designated by the Building Official, the Building Official shall cause such necessary repairs to be made and the costs thereof be deducted from the bond required by Section 6.08.030 (G) hereof. The period of time designated by the Building Official for the making of such repairs shall not be less than four hours after notice thereof shall have been communicated to the permittee. When all the work contemplated by the house moving permit has been completed, and all damage to the public streets or other public property has been repaired to the satisfaction of the Building Official, and the costs of such repair have been paid, and all provisions of this chapter and all other applicable laws of the City and of the terms and conditions of the house moving permit have been complied with, and the Building Official and the other involved city departments have each consented thereto in writing, then the bond required by Sections 6.08.030 (E) and 6.08.090 hereof, or any portion thereof then remaining unused, shall be canceled and the deposit required by Section 6.08.030 (G) hereof, or any portion thereof then remaining unused shall be refunded upon surrender of the deposit receipt evidencing the money so deposited. In the event the cost of repairing damages and/or performing other work as required by this chapter, or other applicable laws of the City, or the terms and conditions of the house moving permit exceed the total amount of said bond and said deposit, the permittee shall be held liable for such excess and it shall be the duty of the Building Official to collect such excess from the permittee.

Where the moving of any building requires the removing and replacement of any overhead wires, cables, guys or poles, the permittee shall give the utility company owning or operating the same a notice which shall specify the height and width as mounted on cribs, rollers or other moving equipment, of the building to be moved and the route of such movement. Said notice shall be given a reasonable time prior to the commencement of the moving operation to allow the utility company reasonable time for the preparation of an estimate of the cost of the removal and replacement of said wires, cables, guys and poles. The permittee shall give the utility company a further notice in writing at least forty-eight hours in advance of the moving, which notice shall undertake the removal and replacement thereof in a safe and careful manner. The permittee shall reimburse the utility company for its actual cost of such removal and replacement. The permittee shall not remove, replace or in any manner disturb any wires, cables, guys or poles owned or operated by a utility company; provided, however, that the permittee shall not be required to pay the cost of removing, replacing or raising any wires, cables or guys which are below the minimum height above street level as specified therefor by the Rules of Overhead Electric Line Construction of the Public Utilities Commission of the state in its General Orders, if the height of the building to be moved when mounted on moving equipment is less than the minimum height.

No building shall be moved across a railroad track without first obtaining the consent of the railroad which consent may specify the time or times during which such crossing shall be made.

(Source: Ordinance No. 20-86 N.S.)