Chapter 17.36

17.36.020 Permit requirement - Application - Issuance conditions.

17.36.030 Permit fee - Required.

17.36.040 Permit - Conditions generally. 17.36.050 Permit fee - Payment.

• 17.36.060 Permit fee - Certain entities exempt.

17.36.070 Accessory building - No additional fee required when.

17.36.080 Permit requirements - Certificates. 17.36.090 Permit requirements - Insurance. 17.36.100 Permit requirements - Police escort and other services.

17.36.110 Permit requirements - Buildings moved through city.

17.36.120 Permit requirements - Inspection of buildings moved into the city.

• 17.36.130 Permit requirements - Deposit for costs.

17.36.140 Moving procedures - Duties of person in charge.

17.36.150 Moving procedures - Rollers or soft-tired vehicle required.

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§ 17.36.010

No person shall move any building, containing over one hundred square feet of floor space, on, over or through any public street except in accordance with the provisions of this Code. (Prior code § 8500; Ord. 24088.)

• A. No building shall be moved over any public street without a building removal permit issued pursuant to the provisions of this chapter by the director of the department of streets and traffic.

• B. All applications for permits, approvals or appeals filed pursuant to this chapter shall be filed with the director. The form of such application and the information and data required to be set forth thereon shall be as prescribed by the director.

• C. If said building is to be moved onto a parcel situate within the city, a development permit must be obtained pursuant to the provisions of Chapter 20.100 of Title 20 of this Code, as a condition precedent to the issuance of the building removal permit.

• D. If the building is to be moved from a parcel situate within the city, a development permit must be obtained pursuant to the provisions of Part 5 of Chapter 20.80 of Title 20 of this Code, as a condition precedent to the issuance of the building removal permit.

(Prior code § 8502; Ords. 21657, 22578, 22723, 23734, 24088.)

For each such building to be moved there is hereby imposed a permit fee payable to the director of finance in such amount as the city council shall

fix from time to time by resolution. Such fee shall be in addition to business license and any other fees or costs associated with the move. (Prior code § 8501; Ord. 18325.)

Any permit issued under this chapter shall be subject to the conditions set forth in this chapter. (Prior code § 8506.)

No permit shall be issued unless there is first tendered to the director of finance the permit fee referred to in Section 17.36.030 above. (Prior code § 8507; Ord. 18325.)

Permit fees shall not be required for permits for moving a building over any public street where the building is being moved for and on behalf of the United States Government, any state, county, city, or department, agency or instrumentality of the foregoing, and said building is to be used for governmental purposes. Notwithstanding any of the foregoing, school districts shall be required to pay such permit fees.

(Prior code § 8511.1; Ord. 19720.)

An accessory building not over four hundred square feet in area may be moved in conjunction with the moving of a residence from the same location to the same location without paying an additional fee.

(Prior code § 8512.)

No permit shall be issued unless there is first filed with the director of streets and traffic a certificate of inspection signed by the building official certifying that he or she examined the building and that it is structurally strong; or unless there is also filed with the director of streets and traffic a certificate of the superintendent of parks certifying that

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§ 17.36.090

the removal of said building on the route proposed will not result in damage to or destruction of trees. (Prior code § 8508; Ords. 21657, 23734.)

• A. No permit shall be issued unless there has been filed with the risk manager a certificate of insurance in form satisfactory to the risk manager, issued by an insurer that is satisfactory to the risk manager and authorized under and by the state of California to issue the insurance hereinafter described, certifying that said insurer has issued to the applicant for said permit a policy of public liability insurance containing the following minimum provisions:

  1. Limits of liability of not less than one hundred thousand dollars for each person and three hundred thousand dollars each occurrence, insuring said applicant against liability for damages which may be imposed upon him by law because of bodily injury or death sustained by any person or persons, arising out of operations performed under said permit;

  2. Limits of liability of not less than fifty thousand dollars each occurrence, with an aggregate, where applicable, of not less than two hundred thousand dollars, insuring said applicant against liability for damages which may be imposed upon him by law because of property damage sustained by any person or persons, arising out of operations performed under said permit;

  3. Contractual liability coverage in the above limits of liability.

• B. Said certificate of insurance shall contain the following:

  • "Statement of Insurer to be Attached to Certificate of Insurance "Policy No. _________, referred to in the attached certificate shall not be cancelled, suspended or terminated, nor shall any exposure therein covered be eliminated, nor shall the limits of liability therein expressed be reduced until ten days after re-

ceipt by the City of San José of written notice thereof, such notice to be given by registered mail, marked for the attention of the risk manager of the City of San José, City Hall, San José, California, and such receipt to be evidenced by return receipt for registered letter.

"The aforesaid policy includes coverage for bodily injury liability and property damage liability and property damage liability assumed, or to be assumed, by _________, hereinafter called "permittee," under the following quoted indemnity provisions in any and all written permits issued during the policy period by the director of streets and traffic of said city to said permittee for moving any building or buildings over, along or upon any public street in said city:

"Indemnity provisions

"Permittee shall indemnify the City of San José, its officers and employees against and save them, and each of them, harmless from all loss, damage, expense or liability resulting from injury to or death of any person, or damage to or destruction of any property, except

• (a) Injury to or death of permittee, or

• (b) Damage to or destruction of the property of permittee, caused by or claimed to have been caused by any act or omission, negligent or otherwise, of permittee, of any contractor of permittee, or any employee of either of them, and arising out of or in any way connected with the moving by or on behalf of permittee of any and all buildings over, along or upon any public street or streets in said city. Permittee shall, upon request of the City of San José, defend any suit asserting a claim covered by this indemnity, and pay and satisfy any judgment or decree that may be rendered against said city, its officers and employees or any of them, in any such suit; and permittee

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§ 17.36.090

shall pay any costs and attorney's fees that may be incurred by said city, its officers and employees, or any of them, in connection with any such claims and suits or in enforcing this indemnity. Dated , 19 Insurer By Insurer's Authorized Representative"

• C. In lieu of the above, the city may be furnished with liability insurance in the form known as "contingent" or "owner's protective liability insurance," in form satisfactory to the risk manager, in which the city, its officers and employees, are named as insured, with minimum limits of liability as set forth in subdivisions 1 and 2 of subsection A. above, and in which are contained the following provisions:

  1. A description of the operations to be insured, as follows: "All building moving operations of , during the policy period, as carried on under permits issued by the director of streets and traffic of the City of San José, and performed by , or on his behalf;"

  2. A clause reading as follows: "It is understood and agreed that operations covered hereunder include operations performed for the City of San José, and all operations performed for or on behalf of others within the political boundaries of the City of San José, but only those operations performed under, or required to be performed under, permits issued by the director of streets and traffic of the City of San José. It is understood and agreed that the insured under this policy shall be the City of San José, its officers and employees, and no other person or organization;"

  3. A clause deleting the provisions of the policy exclusion, if any, pertaining "to any act or omission of the named insured, or any of his or her employees,

     • other than general supervision of work performed for the named insured by independent contractors," or other policy exclusion or exclusions of similar import; provided, however, that an exclusion of operations of the named insured, other than those in connection with house moving operations of the permittee, shall be acceptable if in any form and substance satisfactory to the risk manager;

• other than general supervision of work performed for the named insured by independent contractors," or other policy exclusion or exclusions of similar import; provided, however, that an exclusion of operations of the named insured, other than those in connection with house moving operations of the permittee, shall be acceptable if in any form and substance satisfactory to the risk manager;

  4. A clause providing that the phrase "premises owned by or rented to the named insured," or other similar phrase, in the policy condition defining the aggregate limit of property damage liability, or in any other policy condition or exclusion, shall not be construed so as to avoid coverage for operations performed on public streets, highways, roads, avenues, lanes, alleys or other public ways of the city;

5. A clause reading as follows: "The insurance afforded by this policy shall be primary insurance to the full limits of liability stated in the declarations, and if the City of San José, its officers and employees, have other insurance against a loss covered by this policy, that other insurance shall be excessive insurance only."

(Prior code § 8508.1; Ords. 21657, 23734.)

No permit shall be issued unless there is first filed with the director of streets and traffic written undertaking to arrange for and provide such San José police officers and vehicles as traffic escorts, other city employees for tree and route clearing, and any other services necessary to protect the public interest as the director of streets and traffic deems necessary. The city council shall fix from time to time by resolution the fees to be charged for such services.

(Prior code § 8508.2; Ords. 21657, 23734.)

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§ 17.36.170

No permit shall be issued to move a building through the city from one location outside the city to another location outside the city unless the proposed route to be followed within the city shall be approved by the director of streets and traffic. (Prior code § 8509; Ords. 21657, 23734.)

No permit shall be issued by the director of streets and traffic to move a building from a location outside the city to a location inside the city unless and until a site development permit or a planned development permit has been obtained pursuant to the provisions of Chapter 20.100 of this Code, and unless the building has been inspected and approved by city building officials, and the route to be followed has been approved by the director of streets and traffic.

(Prior code § 8510; Ords. 21657, 22578, 22723, 23734.)

No permit shall be issued unless there is first deposited with the director of streets and traffic the sum set forth in the schedule of fees established by resolution of council, from which sum the director shall deduct and pay the costs, if any, of police escorts and other services undertaken to be provided by the applicant, when due and owing; and from which he or she shall also deduct such sums as will be necessary to cover any damage done to the property of any person along the route of the removal. Any dispute between the holder of a permit and the director of streets and traffic as to the cost of any service rendered by any person or the amount of damage done to the property of any person shall be referred to the city manager, building official and city attorney, and their decision shall be final. (Prior code § 8511; Ords. 21295, 21657, 21701, 23734.)

Every person in charge of the moving of any building on or over the streets of the city shall:

• A. Notify the fire department within onehalf hour after sunset of the location of the building and the route over which the building is to be moved during the night;

• B. Give twenty-four hours' written notice to any person responsible for trimming trees, removing wires or the doing of other things necessary to permit the moving of the building over the route designated;

• C. Maintain red lights at each corner of the building from one-half hour after sunset until one-half hour before sunrise;

• D. Notify the chief of police of the time of moving and the route over which said building is to be moved.

(Prior code § 8517.)

No building shall be moved unless moved on rollers or upon a truck having wheels equipped with pneumatic or solid rubber tires. (Prior code § 8516.)

No building shall be moved upon any truck having metal tires.

(Prior code § 8514.)

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. (Prior code § 8515.)

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