Title 14 — CONSTRUCTION WITHIN STREETS, SIDEWALKS, AND PUBLIC PLACES; UNDERGROUND UTILITY FACILITIES
Chapter 14.08 — MOVING BUILDINGS AND STRUCTURES
San Marcos Municipal Code · 2026-09 edition · updated 2026-09-30 · San Marcos
14.08.010 - Scope of Regulations.¶
The provisions of this Chapter apply only to the moving of Buildings and Structures.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.020 - Definitions.¶
(a)
Moving Contractor. Means any "person" as defined in section 470 of the Vehicle Code, as may be amended from time to time, and also includes the United States, this State, the County of San Diego, and the City, including all departments and bureaus thereof.
(b)
Total Number of Tire Inches. Means that number calculated by adding the respective tire sizes as specified by the manufacturer of all tires resting upon the surface of the Highway.
(c)
Width. Means the dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the Building or Structure or portion thereof is or is to be loaded or moved, or to the median line of the Highway over which the same is being or is to be moved.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.030 - Application for Permit.¶
No Person shall move or cause to be moved along any Highway any Building or Structure without first obtaining from the Director a Permit to do so. Every Applicant for a Permit or license required by this Title shall make an application to the Director.
Application for a Permit required by this Chapter shall be made in duplicate and in accordance with Chapter 14.04. 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 of tire inches thereof for each separate section to be moved, 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.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.040 - Application Changes by Director.¶
The Director may make such changes in any application for a Permit as in their opinion are necessary for the protection of the Highways along or over which it is proposed to move the Building or Structure or to prevent undue interference with traffic or to avoid jeopardizing the safety of any persons using such Highways.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.050 - Permit Fee.¶
Every Person applying for a Permit required by this Chapter shall at the time of making application for the Permit pay an issuance fee in an amount which shall be set by the Director and may be updated from time to time.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.060 - Permit Affixed to Structure.¶
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.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.070 - Copies of Permit on Sections of Structure.¶
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 on which the original Permit is not affixed, true copies of such Permit. Such true copies shall be issued by the Director upon payment by the Applicant of an issuance fee for each additional copy in an amount which shall be set by the Director and may be updated from time to time.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.080 - Extension of Permit.¶
Each Permit issued shall become null and void upon the expiration of the time specified in the application unless the Director extends the time, which they may do if in their opinion the moving of the building or Structure, or any portion thereof, is impractical because of inclement weather, act of God, strikes, or other causes not within the control of the Permittee.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.090 - Classification of Buildings.¶
All Buildings and Structures are 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.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.100 - Deposits According to Classification.¶
Every Applicant for a Permit from whom an issuance fee is required, who does not maintain a sufficient general deposit with the Director, shall deposit with the Director the applicable fee for the class of Permit to be processed, as delineated in Section 14.08.090, above.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.110 - Tree Trimming Deposit.¶
Before any Permit is issued, in addition to any deposit made as required by Section 14.08.100, the Moving Contractor shall also deposit with the Director an amount equal to that estimated by the Director pursuant to Section 14.08.120 to cover the cost of necessary tree trimming.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.120 - Estimate of Tree Trimming Costs.¶
If examination of the application and/or route to be traversed discloses that the proposed move will require the trimming of trees, the City shall estimate the cost of such trimming of trees growing upon any grounds or property belonging to the City or upon the Highway, as is necessary:
(a)
At the 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.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.130 - General Deposit in Lieu of Special Deposits.¶
In lieu of making the special deposits required by Sections 14.08.100 and 14.08.110, the Moving Contractor may make and maintain with the Director a general deposit in a sum equal to the amount of the special deposit for the highest class of Building or Structure
which they desire, expect, or intend to move. This general deposit shall be held and used for the same purpose 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.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.140 - Additional Deposit.¶
If, in the opinion of the Director, 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 may require an additional deposit in such amount as they determine will be sufficient to protect such public interest.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.150 - Increase in Deposit to Cover Higher Class.¶
Before any Permittee moves any Building or Structure, or portion thereof, of a class higher than the class for which they have made any general or special deposit, the Permittee shall increase such deposit by an amount sufficient to cover the class sought to be moved.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.160 - Deductions From Deposit.¶
The City 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 14.08.190;
(c)
The cost of any repairs made necessary because of the moving of the Building or Structure;
(d)
The total cost of all tree trimming done by the Director 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.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.170 - Refund or Deficiency Payment.¶
The remainder of any such special deposit, if any, shall be refunded to the Person making such deposit, or to their assigns, upon request therefor pursuant to Section 14.04.100. In case the deposit made pursuant to this Title shall not be sufficient to pay all fees and deductions provided for in this Title, the Person to whom such Permit is issued, shall, upon demand, pay to the City a sufficient sum to fully cover the same. Upon failure to pay such sum, the same may be recovered by the City in any court of competent jurisdiction and, until paid, no further such Permit shall be issued to such Moving Contractor.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.180 - Billing in Lieu of Deductions.¶
If a Moving Contractor makes and maintains a general deposit with the Director, the deductions provided for in Section 14.08.160 need not be made. In lieu of such deductions, the Director may bill the Moving Contractor for the amount due from the Moving Contractor to the City under the provisions of this Title. 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 Moving Contractor's general deposit and Sections 14.08.160 and 14.08.170 shall apply.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.190 - Supervision by Inspector.¶
The Director may require that the moving of any Building or Structure be under the supervision of an inspector to be appointed by the Director. The Permittee shall pay to the Director an amount equal to the compensation and cost of transportation of such inspector during the time they are assigned to such inspection.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.200 - Planks Required Under Dollies on Wheels.¶
When so required by the Director, 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.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.210 - Charge for Damage to Highway.¶
The Director 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 City.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.220 - Warning Lights.¶
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 otherwise directs, on all sides and projections thereof at intervals of not more than five feet.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.230 - Defacing Trees Not Permitted.¶
A Permit granted under this Title does not permit, license, or allow any Person, except the Director, to trim, prune, cut, or deface in any manner any tree upon any grounds or property belonging to the City or upon any road, street, or Highway.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.240 - Trimming of Trees.¶
At the request of a Moving Contractor holding an unrevoked Permit granted pursuant to the provisions of this chapter, the Director within a reasonable time after such request, shall trim such trees under their 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.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.250 - Permit for Structures Exceeding Permissible Weights.¶
The Director 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 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 may issue a Permit:
(a)
To move a Building or Structure on a vehicle every wheel of which is equipped with rubber tires where the total weight of both Building or Structure and vehicle does not exceed 60,000 pounds; or
(b)
To move a Building or Structure on a vehicle every wheel of which is equipped with pneumatic tires.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.260 - Permit for Specific Equipment—Fee—Bond.¶
(a)
The Director may in their discretion, if good cause appears, issue a Permit authorizing the Applicant to operate or move over and along Highways specific pieces of mobile mechanical equipment, on specific vehicles or specific pieces of mechanical equipment or specific vehicles, or emergency public Utility equipment on specific vehicles. Any such Permit shall be subject to the following conditions:
(1)
The Permit shall be limited to specified Highways or a specified area of the City and shall specifically describe the Highways or the area of the City to which it is limited. This limitation shall be fixed by the Director so as to afford protection to Highways and the traveling public;
(2)
The granting of the Permit shall in no way relieve the Permittee from liability for damage to the Highways or to Person or property;
(3)
The Permit shall be issued for a specific period of time designated by the Director and set forth in the Permit, which period shall not exceed one year;
(4)
The Permit may be issued subject to such other conditions as the Director deems necessary for the protection of the Highways and the traveling public.
(b)
The application for a Permit pursuant to this section shall be made on a form furnished by the Director and shall contain the information required by Section 35781 of the Vehicle Code and such other information as may be required by the Director 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 which shall be in lieu of any other fee prescribed by this title. Prior to the issuance of any Permit, the Applicant shall deposit with the Director for the protection of Highways from injury and to provide indemnity for any damage resulting from the operation or movement under the permit.
The filing of such bond shall satisfy the provisions of this chapter requiring the deposit of money with the Director, insofar as any permit issued pursuant to this section is concerned, and a single bond may in the discretion of the Director be deemed sufficient security for the issuance of one or more permits to the same Applicant pursuant to this section. The fees, deposits, and bonds referenced in this section 14.08.260 shall be in an amount set by the Director based on a reasonable estimate of the staff time and costs necessitated by the same, and may be updated from time to time, in the Director's discretion.
(Ord. No. 2022-1521, § 2, 9-13-2022)
14.08.270 - Insurance in Lieu of Bond.¶
In lieu of the surety bond specified in Section 14.08.260 the Director may accept a certificate of insurance certifying that the Applicant for the Permit has an insurance policy in the amount specified by the Director, but not less than $5,000.00 property damage, to which there has been attached and executed an Oversize-Overweight Vehicle Permit Endorsement on a form approved by the Director.
(Ord. No. 2022-1521, § 2, 9-13-2022)
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