San Diego County Municipal Code Ch. 2 Moving Buildings and Structures

The permit requirements in this chapter are authorized by Division 15, Chapter 5, Article 6 of the Vehicle Code. The provisions of this chapter apply only to the moving of buildings and structures.

No person shall move or cause to be moved along any highway any building or structure without first obtaining from the Director, Department of Public Works a permit so to do.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

Application for a permit required by this chapter shall be made in accordance with Chapter 1 of this division. The application shall specify the kind of building or structure to be moved, the approximate weight thereof, as nearly as may be ascertained, the location of the same, the location to which and the route over or along which such building or structure and each section or portion of such building or structure is to be moved, the number of sections in which the building or structure will be moved, the type and number of conveyances upon which the same is to be moved, the total number axles and the loading on each axle, and the time when such building, structure, or portion thereof, is proposed to be moved and within which such removal will be completed. The applicant shall attach to the application a copy of a valid building permit for the building or structure at its destination point, or in the case of intended storage, a copy of an appropriate special use permit or other evidence that storage at the destination point is not in violation of the Zoning Ordinance.

(Amended by Ord. No. 4010 (N.S.), effective 1-11-73; amended by Ord. No. 6453 (N.S.), effective 11-11-82)

The moving contractor shall affix and maintain at all times while it is on the highway, in a conspicuous place on the building or structure to be moved, the permit for such moving.

If a building or structure is moved in more than one section, and more than one of such sections is moved at the same time, the moving contractor shall affix and maintain at all times while they are on the highway in a conspicuous place on each section which the original permit is not affixed, true copies of such permit. Such true copies shall be issued by the Director, Department of Public Works upon payment by the applicant of an issuance fee of $0.25 for each additional copy.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

Each permit issued shall become null and void upon the expiration of the time specified in the application unless the Director, Department of Public Works extends the time, which may be done if the moving of the building or structure, or any portion thereof, is impracticable because of inclement weather, act of God, strikes, or other causes not within the control of the permittee.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

All buildings and structures are hereby classified as follows:

(a) Class "A" is any building or structure or any portion thereof which is moved on a motor truck or other vehicle propelled by its own power;

(b) Class "B" is any building or structure or any portion thereof, not of Class "A" which is not more than 16 feet in width;

(c) Class "C" is any building or structure or any portion thereof, not of Class "A" which is more than 16 feet and not more than 22 feet in width;

(d) Class "D" is any building or structure or any portion thereof, not of Class "A" which is more than 22 feet and not more than 28 feet in width;

(e) Class "E" is any building or structure or any portion thereof, not of Class "A" which is more than 28 feet and not more than 40 feet in width;

(f) Class "F" is any building or structure or any portion thereof, not of Class "A" which is more than 40 feet in width.

Before any permit is issued, in addition to any deposit made as required by Section 71.209, the moving contractor shall also deposit with the Director, Department of Public Works an amount equal to that estimation pursuant to Section 71.211 to cover the cost of necessary tree trimming.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

If examination of the application and/or route to be traversed discloses that the moving will require the trimming of trees, the County shall estimate the cost of such trimming of trees growing upon any grounds or property belonging to the County or upon any highway, as is necessary:

(a) At any time the structure is moved to facilitate the moving thereof;

(b) Subsequent to the moving of the structure to correct previous trimming done when the structure was moved.

In lieu of making the special deposits required by Sections 71.209, 71.209.5 and 71.210, the moving contractor may make and maintain with the Director, Department of Public Works a general deposit in a sum equal to the amount of the special deposit for the highest class of building or structure which is desired, expected or intended to be moved. This general deposit shall be held and used for the same purposes as said special deposits. While such general deposit is maintained in an amount sufficient to cover the amount of the deposit required for the removal of any building or structure sought to be moved, the moving contractor need not make any special deposit.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

If, in the opinion of the Director, Department of Public Works, any special or general deposit is not sufficient for the proper protection of the public interest in the highways, including any trees thereon, over which it is sought to move a building or structure, the Director, Department of Public Works may require an additional deposit in such amount as is determined to be sufficient to protect such public interest.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

Before any permittee moves any building, structure, or portion thereof, of a class higher than the class for which the permittee has made any general or special deposit, the moving contractor shall increase such deposit in an amount sufficient to cover the class sought to be moved.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

The County shall deduct from the deposit made or maintained by each permittee:

(a) The permit issuance fee if that has not otherwise been paid;

(b) The cost of the services and transportation of any inspector appointed pursuant to Section 71.218;

(c) The cost of route evaluation on loads exceeding 15 feet in width and 15 feet in height;

(d) The cost of any repairs made necessary because of the moving of the building or structure;

(e) The total cost of all tree trimming done by the Director, Department of Public Works made necessary in order to move the building or structure as specified in the permit, including all such trimming after the moving of the building or structure to correct trimming done when the structure was moved.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

The remainder of any such special deposit, if there is any remainder, shall be refunded to the person making such deposit, or to the assignee. In case the deposit made pursuant to this division shall not be sufficient to pay all fees and deductions provided for in this division, the person to whom such permit is issued, shall, upon demand, pay to the Director, Department of Public Works a sufficient sum to fully cover the same. Upon failure to pay such sum, the same may be recovered by the County in any court of competent jurisdiction, and until paid, no further such permit shall be issued to such moving contractor.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

If a moving contractor makes and maintains a general deposit with the Director, Department of Public Works, the deductions provided for in Section 71.215 need not be made. In lieu of such deductions, the Director, Department of Public Works may bill the moving contractor for the amount due to the County under the provisions of this division. If, 15 days after such bill has been sent, the moving contractor does not pay the same in full, then such amount may be deducted from the permittee's general deposit and Sections 71.215 and 71.216 shall apply.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

The Director, Department of Public Works may require that the moving of any building or structure be under the supervision of an inspector to be appointed by the Director, Department of Public Works. The permittee shall pay to the Director, Department of Public Works an amount equal to the compensation and cost of transportation of such inspector during the time of the assignment to such inspection.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

When so required by the Director, Department of Public Works, a moving contractor shall place under each dolly or wheel used in moving the building or structure, boards or planks of adequate width and strength to carry the load without being broken, to serve as a runway for such dolly or wheel during such moving along any portion of any highway which has a surface other than natural soil. The moving contractor shall prevent such dolly or wheel from ever revolving on or resting on such surface except upon such board, plank or runway.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

The Director, Department of Public Works may restore, or cause to be restored, every highway damaged by the moving of any building or structure thereon, to a condition equivalent to that prior to such damage. The moving contractor who caused such damage shall pay the cost of the repair thereof to the Director, Department of Public Works.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

When a building or structure, while being moved, is located on any highway, at all times between sunset and sunrise the moving contractor shall keep burning a red warning light not over six feet above the surface of such highway at each corner of such building or structure, and unless the Director, Department of Public Works otherwise directs, on all sides and projections thereof at intervals of not more than five feet.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

A permit granted under this division does not permit, license, or allow any person, except the Director, Department of Public Works, to trim, prune, cut or deface in any manner any tree upon any grounds or property belonging to the County or upon any road, street or highway.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

At the request of a moving contractor holding an unrevoked permit granted pursuant to the provisions of this division, the Director, Department of Public Works within a reasonable time after such request, shall trim such trees under his supervision as it is necessary to trim, and where it will not harm the trees, to the extent required to move the structure to the location specified in the permit.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

The Director, Department of Public Works shall not issue a permit to move any building or structure when the weight of such building or structure, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the Vehicle Code, except that if it appears to the Director, Department of Public Works that the size, shape or physical characteristics of the building or structure or portion thereof to be moved, or of the highway over which such building or structure is to be moved, makes it impossible or impracticable to keep within such weight limits, the Director, Department of Public Works may issue a permit:

(a) To move a building or structure on a vehicle every wheel of which is equipped with pneumatic rubber tires where the total weight of both building or structure and vehicle does not exceed 63,000 pounds.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

The Director, Department of Public Works may, if good cause appears, issue a permit authorizing the applicant to operate or move over and along highways specific pieces of mobile mechanical equipment, or specific vehicles or specific pieces of mechanical equipment on specific vehicles, or emergency public utility equipment on specific vehicles. Any such permit shall be subject to the following conditions:

(a) The permit shall be limited to specified highways or a specified area of the County and shall specifically describe the highways or the area of the County to which it is limited. This limitation shall be fixed by the Director, Department of Public Works so as to afford protection to highways and the traveling public;

(b) The granting of the permit shall in no way relieve the permittee from liability for damage to the highways or to person or property;

(c) The permit shall be issued for a specific period of time designated by the Director, Department of Public Works and set forth in the permit, which period shall not exceed one year;

(d) The permit may be issued subject to such other conditions as the Director, Department of Public Works deems necessary for the protection of the highways and the traveling public.

The application for a permit pursuant to this section shall be made on a form furnished by the Director, Department of Public Works and shall contain the information required by Section 35781 of the Vehicle Code and such other information as may be required by the Director, Department of Public Works including the power unit to be used to tow any oversize or overweight trailer coaches. The application shall be accompanied by payment of a fee of $55 which shall be in lieu of any other fee prescribed by this division. During the life of the permit or within one year of the date of issuance, it is desired to alter the permit, a fee of $5.00 will be charged of said alteration after approval by the Director of Public Works.

(Amended by Ord. No. 2204 (N.S.), effective 4-27-61; amended by Ord. No. 5987 (N.S.), effective 3-13-81, operative 5-15-81; amended by Ord. No. 6453 (N.S.), effective 11-11-82)

The Director, Department of Public Works shall require the applicant applying for a permit required by this Chapter to provide one of the following:

(a) A certificate of Insurance certifying that the applicant for the permit has an insurance policy.

(b) Provide the Director, Department of Public Works with a copy of the permit issued by the Public Utility Commission.

(c) Provide the Director, Department of Public Works with a copy of the permit issued by the Interstate Commerce Commission.

As proof that the applicant has in force an insurance policy with limits of liability equal to exceeding

$250,000 Each Occurrence

$500,000 Aggregate

$100,000 Property Damage

(Repealed and new Section 71.226 added by Ord. No. 6453 (N.S.), effective 11-11-82)

The Director, Department of Public Works, may issue a permit to those persons requiring terminal access from Federally designated highways and qualifying as a "terminal" as defined in Section 71.101 of the County Code of Regulatory Ordinances, and as authorized by Section 35401.5 of the Vehicle Code.

(Added by Ord. No. 6881 (N.S.), effective 1-17-85)

Application for a permit required by this chapter shall be made in accordance with Chapter 1 of this division. Upon receipt of the application, the Director, Department of Public Works, will determine the applicant's conformance with the "terminal" designation and if so approved, will then determine the capability of the route requested or alternate routes. Capability will be determined by the adequate structural section, turning radii and lane widths of ramps, intersections and highways. Also, a determining factor will be general traffic conditions such as sight distance, speed and traffic volumes for safe operation. Access off the federally designated highways will require Caltrans (District 11) approval. If the requested route passes through several jurisdictions, the applicant shall comply with each jurisdiction's application process. Coordination will be the responsibility of the entity which controls the terminal's land use.

(Added by Ord. No. 6881 (N.S.), effective 1-17-85)

Every person applying for a permit required by this chapter shall at the time of making application for the permit pay an application deposit of $1,000.00. If the deposit is insufficient to pay all the actual costs of reviewing, investigating and making the required determinations, the applicant, upon demand of the Director, Department of Public Works, shall pay the Director an amount estimated to be sufficient to complete the work in progress. Any remaining deposit after completion of the work will be returned to the applicant.

(Added by Ord. No. 6881 (N.S.), effective 1-17-85)

If the application for a terminal designation is approved, the applicant will be required to pay for the purchase and installation of terminal access signs and trailblazer signs. Trailblazer signs will be required at every decision point on the route to the terminal. Said costs to be determined by the Director, Department of Public Works.

(Added by Ord. No. 6881 (N.S.), effective 1-17-85)

If all feasible routes to a requested terminal are deemed unsatisfactory by the Director, Department of Public works, the applicant may request to correct the deficiencies, but all costs of engineering, construction and inspection will be borne by the applicant.

(Added by Ord. No. 6881 (N.S.), effective 1-17-85)

The Director, Department of Public Works, is authorized to revoke any approved route if said route proves to be a safety hazard for any vehicular traffic. A safety hazard is defined as the inability of the interstate truck to negotiate the route or trucks causing unsafe driving conditions for other vehicular traffic or pedestrians.

(Added by Ord. No. 6881 (N.S.), effective 1-17-85)

Notwithstanding any other provision of this division, the permit fee specified in Section 71.204.1, the route evaluation deposit specified in Section 71.209.5, the permit fee specified in Section 71.307, the permit fee specified in Section 71.407, the engineering and/or inspection fee specified in Section 71.408, and the permit fee specified in Section 71.608 shall be waived for:

(1) Any farm employee housing or farm labor camp project for which (i) a complete application for an Administrative Permit or a Minor Use Permit was filed between July 13, 1990, and January 13, 1991 pursuant to Ordinance No. 7768 (N.S.); or was filed between April 5, 1991 and October 5, 1991, pursuant to Ordinance No. 7875 (N.S.); or was filed between October 31, 1991 and June 30, 1993, pursuant to Ordinance No. 8086 (N.S.); or was filed between July 30, 1993 and June 30, 1994, pursuant to Ordinance No. 8271 (N.S.); or was filed between September 2, 1994 and June 30, 1995, pursuant to Ordinance No. 8436 (N.S.); or was filed between September 15, 1995 and June 30, 1998, pursuant to Ordinance No. 8574 (N.S.) or Permit was filed between May 14, 1999 and June 30, 2004, pursuant to Ordinance No. 9021 (N.S.); or was filed between July 1, 2004 and June 30, 2009 pursuant to Ordinance No. 9647 (N.S.) and (ii) the application was approved; or

(2) Any farm employee housing or farm labor camp project for which (i) Section 17021.5 or Section 17021.6 of the California Health and Safety Code is applicable; (ii) the Agricultural Commissioner has issued a certificate of active agricultural enterprise; (iii) the housing is not the subject of an active code enforcement action; (iv) the applicant has entered into the contract required by Section 6156 u.11 or Section 6906 d. of The Zoning Ordinance; and (v) the application was filed between July 30, 1993, and June 30, 1994, pursuant to Ordinance No. 8271 (N.S.); or was filed between September 2, 1994 and June 30, 1995, pursuant to Ordinance No. 8436 (N.S.); or was filed between September 15, 1995 and June 30, 1998, pursuant to Ordinance No. 8574 (N.S.); or was filed between May 14, 1999 and June 30, 2004, pursuant to Ordinance No. 9021 (N.S.); or was filed between July 1, 2004 and June 30, 2009 pursuant to Ordinance No. 9647 (N.S.).

(Added by Ord. No. 7768 (N.S.), effective 7-13-90; amended by Ord. No. 7875 (N.S.), effective 4-4-91; amended by Ord. No. 7977 (N.S.), effective 10-31-91; amended by Ord. No. 8086 (N.S.), effective 7-16-92; amended by Ord. No. 8271 (N.S.), effective 7-30-93; amended by Ord. No. 8436 (N.S.), effective 9-2-94; amended by Ord. No. 8574 (N.S.), effective 9-15-95; amended by Ord. No. 9021 (N.S.), effective 5-14-99; amended by Ord. No. 9647 (N.S.), effective 6-18-04)