Chapter 15.48

MOVING BUILDINGS

Sections: 15.48.010 Permit required. 15.48.020 Application for permit-Application fee. 15.48.030 Review of application and inspections by building division. 15.48.040 Reserved. 15.48.050 Review by director of public works and fire department. 15.48.060 Building moving fee and deposit required. 15.48.070 Insurance required. 15.48.080 Indemnification and hold harmless. 15.48.090 Issuance of permit-Appeal. 15.48.100 Notice to be given before move. 15.48.110 Limitation on temporary support. 15.48.120 Clean-up of site vacated. 15.48.130 Requirements prior to use or occupancy-Time of completion. 15.48.140 Restrictions on building size. 15.48.150 Overhead wires. 15.48.160 Maintaining barricades and lights. 15.48.170 Move to approved storage lot.

A. General-Permit Required. No person shall move any building or structure upon, over, or through any public property or right-of-way in the city, or from outside the city into the city, without first complying with all applicable city code provisions and obtaining a written moving permit from the director of planning and development according to the procedures set forth in this chapter. B. Nonhistoric Residential Structures. Applications to move nonhistoric residential structures shall be subject to the requirements of Section 15.44.020, in addition to the requirements of this chapter.

C. Historic Resources. Applications to relocate a landmark or contributing resource, including accessory buildings and structures; applications to relocate a building or structure to the site of an existing landmark, contributing resource, non-contributing resource, or to a vacant lot in a historic district; and applications to relocate a building or structure 50 years old older shall be subject to the requirements of the Planning and Development Code in addition to the requirements of this chapter.

D. Design Review. Applications to relocate any building or structure that is not subject to review under chapter 17.604 shall be subject to site plan and design review under the Planning and Development Code in addition to the requirements of this chapter. (Ord. 2013-0021 § 42; Ord. 2006-065 § 11; Ord. 2000-044 § 3; prior code § 9.11.420)

15.48.020 Application for permit-Application fee.

The application for moving permit shall be filed with the director of planning and development and shall contain a statement of the following:

A. Name, address, and telephone number of applicant;

B. Valid state contractor's license number and valid city business tax certificate number of the moving contractor;

C. Type of structure to be moved;

D. Proposed use of structure;

• E. Approximate date structure was constructed;

• F. Current location of structure to be moved;

• G. Proposed new location, including a scaled plot plan of the new site which shows any buildings located on contiguous property;

• H. Proposed route;

• I. Proposed date of moving, and anticipated duration of move;

• J. Accurate drawing or other detailed graphic representation of the structure showing length, height, and width, loaded and in transit;

• K. Hold harmless agreement and insurance certificate from moving contractor;

L. A certification that all information provided is true, and that the applicant is familiar with, understands, and accepts all obligations and responsibilities relating to the moving of buildings as set forth in this chapter;

• M. Such other and further information as the director of planning and development deems necessary.

The application shall be accompanied by a nonrefundable application fee in an amount set by resolution of the city council. The director of planning and development shall cause copies of the application to be sent to the superintendent of building inspections, director of public works, fire chief, and planning director. (Prior code § 9.11.421)

The superintendent of building inspections shall review the application for moving permit and shall conduct such inspections of the building to be moved, its existing location, and the proposed location as may be necessary to ascertain if the building when moved will comply with applicable city codes and to ascertain what conditions if any, must be imposed on the permit to ensure compliance with all applicable city codes. The superintendent may impose conditions requiring the modification or removal, prior to the move, of any part of the structure or attachment thereto, which may constitute a safety hazard while the structure is in transit. (Prior code § 9.11.422)

• (Ord. 2006-065 § 12; prior code § 9.11.423)

The director of public works and the fire chief shall review the application and the proposed route of move and shall make recommendations for route modifications to the director of planning and development. No building shall be moved except along a route approved by the director of public works and under time restrictions specified by the director of public works. The director of public works may require that a city representative accompany any move, to ensure compliance with all terms of the permit and this code. Where appropriate, the director of public works shall consult with the director of facilities maintenance and the superintendent of parks to ensure that the proposed route will not result in damage to or destruction of city facilities or trees. No moving permit shall be issued unless the proposed move complies with applicable provisions of Chapter 12.56 of this code (Trees) and all necessary tree removal permits have been granted. Tree removal permits will be issued only if consistent with Chapter 12.56. If permission to trim city trees is granted, a tree inspector must be present at the time of trimming. (Prior code § 9.11.424)

Before a moving permit is issued, the applicant shall be required to pay a building moving fee in an amount set by resolution of the city council and to post a security deposit in the amount of two thousand dollars ($2,000.00) in a form satisfactory to the director of planning and development. For a move from a location outside the city to another location outside the city, or a move to an approved storage lot, the security deposit shall be two hundred dollars ($200.00). The building moving fee shall be set to recover all costs incurred by the city in connection with issuing the permit and monitoring compliance therewith including, but not limited to, the cost of inspecting the building and the proposed site and the actual cost of any city representative who may accompany the move. From the deposit, the city shall deduct the cost to repair any damages to city property caused by the move, and any other costs or expenses incurred by the city resulting from the move, including the cost of curing any failure of the applicant to comply with the conditions of the moving permit or any other applicable requirement of the city code.

Posting of the required deposit shall not relieve the applicant/permittee from liability for any damages resulting from the move. Should the costs chargeable to the permittee exceed the deposit, the permittee shall be liable to the city for the excess and shall pay such amount upon demand. No other moving permit shall be granted until such amount is paid.

The deposit, less any authorized deductions, shall be returned to the permittee after a final inspection of the site from which the building was moved, if located within the city, and the final inspection of the relocated building pursuant to Section 15.48.130 of this chapter.

The director of planning and development shall accept a two thousand dollars ($2,000.00) performance bond in lieu of deposit when the structure to be moved is one of the following: a structure listed on the official register; a structure listed as retrievable or supportive being moved to a site in a preservation area; or a structure being moved to a preservation area which will, after the move, qualify as a listed structure or as supportive. (Prior code § 9.11.425)

No moving permit shall be issued until the applicant presents satisfactory evidence that the moving contractor has insurance coverage as specified in Section 15.40.010 of this title. City approval of any insurance policies shall in no way affect the terms and conditions of the indemnification and hold harmless set forth in Section 15.48.080 of this chapter. (Prior code § 9.11.426)

No moving permit shall be issued until the moving contractor agrees to indemnify and hold harmless the city, its officers, employees, and agents from and against any and all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, directly or indirectly, the moving contractor's operations pursuant to the moving permit, which is caused in whole or in part by any negligent act or omission of the moving contractor, his or her subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts any of them may be liable, whether or not it is caused in part by a party indemnified hereunder. (Prior code § 9.11.427)

If the superintendent of building inspections, the fire chief, the director of planning, and the director of public works report that the proposed move will comply with all requirements of this chapter and the Sacramento City Code, then the director of planning and development shall issue the moving permit, subject to such conditions as are necessary to ensure compliance with this chapter and the Sacramento City Code and to ensure the public safety and welfare. If the permit is denied, written notice thereof shall be served in person or by mail on the applicant.

Any applicant aggrieved by denial of a permit or by conditions (other than routing or time restrictions) placed thereon may appeal the decision of the director of planning and development to the housing codes advisory and appeals board by filing a written notice of appeal with the secretary of the board not later than ten (10) days after the date of the director of planning and development's decision; provided, however, that any matter appealable under Section 15.48.040 of this chapter shall not be appealable pursuant to this section. The decision of the housing codes advisory and appeals board shall be final. However, any denial based on the recommendation of the planning director shall be appealable only as provided in Section 15.48.040 of this chapter. (Prior code § 9.11.428)

No less than one working day before the move, the permittee shall notify the director of planning and development of the time and route of the move. (Prior code § 9.11.429)

Except as otherwise provided in this section, no person shall permit a building or structure to remain on blocks or other temporary support for more than sixty (60) days at any location, either before a proposed move or after a move. The maintenance of a building on blocks or other temporary support for more than sixty (60) days is declared to be a public nuisance, to be abated pursuant to any applicable provision of the Sacramento City Code.

Buildings listed on the official register and buildings moved from, to or within preservation areas may remain on temporary support for more than sixty (60) days if so authorized by the director of planning and development in writing in the moving permit. The maintenance of a building on temporary support beyond the time authorized by the permit is declared to be a public nuisance, to be abated pursuant to any applicable provision of the Sacramento City Code.

Buildings moved to an approved storage lot may remain on temporary supports in excess of sixty (60) days.

The director of planning and development may require installation of protective fencing around any structure on temporary supports when he or she determines that public safety so requires. (Prior code § 9.11.430)

The site from which the building or structure is moved shall be leveled, and any and all foundations or footings removed, and all depressions, holes, excavations or basements filled to eliminate any hazards to persons or property immediately upon removal of the building or structure. All other concrete, rubbish and other debris, deposited, generated or created by the moving of the structure shall be cleared from the site within fifteen (15) days after the move. (Prior code § 9.11.431)

Any building or the frame of any building which has been moved under the provisions of this code shall meet all current requirements of this code prior to use or occupancy. All work necessary to bring the building or structure into compliance with this code and all other applicable regulations shall be completed within one hundred twenty (120) days after the date of the move. The director of planning and development may extend the time for completion only if he or she finds that the permittee is making continuous and reasonable progress toward completion. If such work is not completed within the time specified, city shall have the right, but not the duty, to cause the work to be completed or cause the building to be demolished, and the cost thereof shall be a charge upon permittee's deposit. If the cost of demolition exceeds the amount available from the deposit, the excess shall be made a special assessment against the property involved, pursuant to the procedures set forth in Chapter 8.96 of this code, or shall be the personal obligation of the property owner, or the permittee, or both, as the city council may determine. (Prior code § 9.11.432)

No permit shall be granted for the moving of any building, or the frame of any building, on the streets of the city, unless the director of public works certifies that the proposed move will not unreasonably delay traffic, damage public facilities or disrupt public services. The director of public works shall recommend to the director of planning and development such conditions as are reasonably necessary to avoid unreasonable traffic delay. (Prior code § 9.11.433)

When the moving of a building requires the displacement of any overhead electrical, telephone or other wires, it shall be the duty of the person owning, operating or controlling such wires to remove or displace the same to enable the move to proceed.

The permittee shall notify the person owning, operating or controlling the wires of the proposed move and shall provide to such person a copy of the moving permit. Such person shall within twenty-four (24) hours thereafter remove or displace the wires sufficiently to allow the passage of the building along the street over which the wires are suspended. The permittee shall pay to the person owning, operating or controlling the wires the actual cost of such removal or displacement of the wires and of the replacement thereof. (Prior code § 9.11.434)

Permittee shall furnish, install and maintain all traffic signs, barricades and lights as needed for traffic control or detours. If said signs, barricades and lights have not been provided or maintained, the director of public works may do so and the costs thereof will be chargeable to the permittee. (Prior code § 9.11.435)

The moving of a building or structure to an approved storage lot within the city shall be exempt from the following requirements of this chapter: 15.48.020(D); 15.48.020(G); 15.48.030; 15.48.040; provided, however, that upon the moving of said building or structure to a permanent location in the city all of this chapter's requirements shall apply. (Prior code § 9.11.436)