Chapter 12.325 — MOVING AND RELOCATION OF BUILDINGS OR STRUCTURES

The purpose and scope of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating the moving and relocation of buildings or structures within the city.

(Ord. No. 1974, div. 1, 11-18-2019)

It is unlawful for any person, firm or corporation to move or cause to be moved, any building or structure that exceeds eight (8′) feet in width, twenty-five (25′) feet in length and fifteen (15′) feet in height when loaded on moving dollies, into, out of, through or within the city without first having obtained a house mover's permit from the building official. A house moving permit shall not be issued until a relocation permit is obtained from the building official unless the structure is being moved from a location outside the city to a location outside the city.

(Ord. No. 1974, div. 1, 11-18-2019)

Application for house mover's permit shall be made upon forms furnished by the building department and shall contain the following information:

1.

Applicant's name, address and phone number;

2.

That the applicant is a holder of a valid state house moving license;

3.

That the applicant is a holder of a valid city business license;

4.

That the applicant has on file with said city a bond as required by Section 12.325.050;

5.

That the applicant has on file with the city a certificate of insurance as required by Section 12.325.060;

That the route over which the building is to be moved is specified;

7.

That the written approval be obtained from the superintendent of streets, fire chief, police chief and utility companies of the route over which the building is to be moved;

8.

The relocation permit number;

9.

Other information which the superintendent of streets or the building official may require.

(Ord. No. 1974, div. 1, 11-18-2019)

Every person to whom a permit is issued shall pay to the building official, a permit fee in accordance with the master fee schedule resolution as adopted by the San Rafael City Council.

In addition, the permittee shall deposit with the department of public works, the sum in accordance with the master fee schedule resolution plus any additional sum as required to cover the expense to the city for use of city personnel and/or removal and replacement of and repairs to any city property or equipment belonging to the city, occasioned by the moving of such building or structure.

(Ord. No. 1974, div. 1, 11-18-2019)

12.325.050 - Bond required.

Before a house mover's permit may be issued hereunder, the house mover shall have filed with the city clerk a bond approved by the city attorney in favor of the city in the sum of one thousand dollars ($1,000.00), executed by a responsible surety company conditioned that the principal will strictly comply with all requirements of this chapter and any ordinance hereafter in effect regulating the moving of buildings or structures in said city; that the principal sum will pay for any and all damages to any fence, tree, pavement, street or sidewalk or any other property belonging to the city resulting from the moving of any house or structure by him, that the principal sum shall be forfeited to the city if the permittee fails to comply with all conditions and regulations of the granting of such permit by the building official and that the principal will indemnify and keep harmless said city against any and all damages, judgments, costs and expense which may in any wise accrue against the city in consequence of the granting to him or exercise by him of any permit hereunder; which bond shall operate as a continuing bond for the purpose of this chapter for a term of two (2) years from and after the date thereof.

(Ord. No. 1974, div. 1, 11-18-2019)

12.325.060 - Insurance required.

No permit to move a building authorized by the building official shall be issued until the permittee has filed with the city clerk a policy of public liability and property damage, or approved certificate thereof, issued by

a responsible insurance company authorized to do business in the state. Said policy shall provide liability insurance in an amount of at least two hundred fifty thousand dollars ($250,000.00) each person and seven hundred fifty thousand dollars ($750,000.00) each accident, and property damage insurance in an amount of at least one hundred thousand dollars ($100,000.00) per accident, and ensure the permittee and shall ensure to the benefit of any and all person suffering loss or damage either to persons or property by reason of wrongful or negligent acts in moving the building. Said policy shall also contain a clause or special endorsement indemnifying and saving harmless the city against any loss, damage, costs and expenses which may in any wise accrue against said city in consequence of the granting of the permit for moving any building or structure.

(Ord. No. 1974, div. 1, 11-18-2019)

No building or structure in process of moving shall be permitted to remain in anyone location or any public street or way or projecting over a public sidewalk, street or way, for a period longer than two (2) hours except by written permission first obtained from the superintendent of streets, fire chief and police chief, and no such building or structure shall be permitted to obstruct traffic on any railroad for a longer time than is necessary and the railroad company shall be notified at least twenty-four (24) hours in advance by the house mover of the intention to move any building or structure across any said railroad.

No building or structure when removed from its foundation shall be permitted to remain at its original site or transitional site for a period longer than forty-eight (48) hours, without written approval from the building official.

(Ord. No. 1974, div. 1, 11-18-2019)

The moving of said structure or building shall be during the hours specified by the chief of police. During the period from a half hour after sunset to a half hour before sunrise, light lanterns shall be hung at least every five (5) 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 a half hour after sunset to a half hour before sunrise, lighted lanterns shall be maintained not more than five (5) feet apart on such barriers, but not less than three (3) in all on each barrier. In lieu of the barriers the house mover may, with the approval of the chief of police, employ the use of emergency police vehicles. The fee for the use of such vehicles shall be as determined by the chief of police. The house mover shall keep the fire department advised at all times of the location of any building or structure on any public street or way.

(Ord. No. 1974, div. 1, 11-18-2019)

If the moving of any building hereunder requires any interference with any fire alarm, communication, or public utility structure, the applicant shall notify the public utility involved of the tentative time of such moving, the route of such moving, and the estimated loaded height of the building and moving equipment.

Applicant shall bear the cost of any measures required to protect said structures from destruction or damage due to the moving of any building hereunder, and shall indemnify such public utility against any and all damages or claims of whatever kind or nature, direct or consequential, caused directly or indirectly by the relocation of any building hereunder or by any measures required to protect such structures. Applicant shall furnish the public utility involved with an advance cash deposit in the amount of the estimated cost of protecting such structures, subject to adjustment upon completion of moving to reflect the actual cost of such protective measures. No permit hereunder shall be issued by the building official unless applicant furnished satisfactory proof that any requirements of the public utilities have been fulfilled.

(Ord. No. 1974, div. 1, 11-18-2019)

It is unlawful for any person, firm or corporation to move any structures from or onto any lot, piece or parcel of land located within the city until a relocation permit has been obtained as provided in this chapter.

(Ord. No. 1974, div. 1, 11-18-2019)

12.325.110 - Application for relocation permit.

Every application for a relocation permit shall be:

1.

Made in writing upon a form furnished by the building official and shall set forth such information as may reasonably be required,

2.

Fees: each application shall be accompanied by a filing fee in accordance with the master fee schedule resolution.

(Ord. No. 1974, div. 1, 11-18-2019)

No permit shall be issued to relocate any building or structure within the city, which is so constructed or in such condition as to be dangerous or which is infested with pests or unsanitary; or which, if it be a dwelling for inhabitation, 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 to or be materially detrimental to the property or improvements in the district within a radius of one thousand feet (1,000′) from the proposed site, or if the structure is of a type prohibited at the proposed site, by any fire district ordinance, or by any other law or ordinance; provided, however, that if the condition of the building or structure, in the judgment of the building official, admits of practicable and effective repair, the permit may be issued upon condition as hereinafter provided. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practically and effectively be made, the permit shall be denied.

The building office shall, in granting any relocation permit, consider among other conditions the following:

1.

Conformance to the zoning, building, housing, electrical, plumbing and heating codes of the city. The building official shall determine what repairs, alterations, or remodeling will be required to conform to all the requirements of the aforementioned codes;

2.

That public improvements, such as concrete, curb and gutters, sidewalks, retaining walls, drainage, driveways and street trees are required to conform to city codes, ordinances and regulations;

3.

That the structure when completed and in place will have a finished appearance and be so constructed as to not unreasonably depreciate other properties in the vicinity.

Where the building or structure is to be moved outside the city limits, the building official shall require the removal of foundations, walls, walks, debris, or other materials or structures remaining on the premises after the removal of the building. The repair of sidewalks, curbs and gutters, the removal of abandoned driveways and approaches, the filling in of basements, trenches and other excavations, or other work to return the promises to a state that will not be detrimental nor injurious to the public or either in the district as herein limited.

(Ord. No. 1974, div. 1, 11-18-2019)

No relocation permit shall be issued unless the applicant shall first post with the city clerk of the city a bond executed by the owner of the premises where the building or structure is to be removed from the city or the owner of the premises from which the building or structure is to be moved, as principal and by a surety company authorized to do business in this state as surety. The bond, which shall be in form joint and several and shall name the city as obligee and shall be in an amount equal to the cost, plus twenty-five (25) percent of the work required to be done in order to comply with all the conditions of such relocation permit, as estimated by the building official. In lieu of a surety bond, the applicant may post a bond executed by the said owner, as principal, and which is secured by a deposit of cash in the amount named above and conditioned as required in the case of a surety bond, such a bond as so secured is hereinafter called a "cash bond" for the purpose of this section.

12.325.130.1 Conditions of Relocation Permit Bond. Every bond posted pursuant to this section shall be conditioned as follows:

a.

That each and all of the terms and conditions of relocation permit shall be complied with to the satisfaction of the building official;

b.

That all of the work required to be done pursuant to the condition of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within ninety (90) days after the date of the issuance by the building official of the housemover's permit elsewhere in this chapter provided for. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient cause by the building official. No such extension of time shall be valid unless written and no such extension shall release any surety upon any bond.

12.325.130.2 Default in Performance of Conditions Notice to Be Given. Whenever the building official finds that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the building official to be reasonably necessary for the completion of such work and shall be served upon the principal by certified mail, return receipt requested.

After receipt of such notice the surety or principal-must, within the time specified, either cause the required work to be performed or failing therein, must pay over to the building department the estimated cost of doing the work, as set forth in the notice. Upon receipt of such moneys the building department may proceed by such mode as it deems convenient to cause the required work to be performed and completed but no liability shall be incurred therein other than for the expenditure of the said sum in hand therefor.

rformed or failing therein, must pay over to the building department the estimated cost of doing the work, as set forth in the notice. Upon receipt of such moneys the building department may proceed by such mode as it deems convenient to cause the required work to be performed and completed but no liability shall be incurred therein other than for the expenditure of the said sum in hand therefor.

12.325.130.3 Cash Bond Manner of Enforcement. If a cash bond has been posted, notice of default as provided above shall be given to the principal and if compliance is not had within the time specified, the building department may proceed without further notice of proceedings whatever, to use the cash deposit to cause the required work to be done, by contractor or otherwise in the discretion of the department. The balance, if any of such cash deposit shall, upon the completion of the work be returned to the depositor or to his successors or assigns.

12.325.130.4 Period of Termination of Bond. The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion, to the satisfaction of the building official of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof, signed by the building official, a copy of which will be sent to any surety or principal upon request. When a cash bond has been 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 used or deducted as elsewhere in this section provided.

12.325.130.5 Entry Upon Premises. The building official or other department of the city, the surety and the duly authorized representatives of either shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work. In the event of any default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, the building department, or any person employed or engaged on its behalf shall

have the right to go upon the premises to complete the required work or to remove or demolish the building or structure. It is unlawful for the owner, or his representatives, successors or assigns, or any other person to interfere with or obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety, or the city engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions thereof.

(Ord. No. 1974, div. 1, 11-18-2019)

Any applicant for a house moving permit or for a relocation permit or any person aggrieved by any decision of the building official, may appeal such decision to the city council by filing with the city clerk a written notice of appeal within ten (10) days of such decision. The appeal shall state the grounds upon which it is made and the particular decision from which the appeal is to be made. At the next regular meeting following the filing of notice of appeal the city council shall set a date for a public hearing and said public hearing shall be held not more than forty-five (45) days thereafter. The decision of the city council shall be rendered within thirty (30) days after the public hearing. In the event a decision is not rendered within the time limit specified above, the notice of appeal is automatically rejected.

(Ord. No. 1974, div. 1, 11-18-2019)

Chapter 12.335 - REPORT OF RESIDENTIAL BUILDING RECORD