Santa Ana Municipal Code § 8-1768 Completion bond—Required; amount; waiver

This article shall be referred to and may be cited as the House Moving Code of the city.

No person shall move any building into the city, or relocate any building within the city, without first obtaining a separate building moving permit for each building from the building official.

(Code 1952, § 8600; Ord. No. NS-1906, § 1, 6-1-87)

To obtain a relocation permit the applicant shall first file an application therefor in writing on a form furnished for that purpose by the director of building safety. Every such application shall contain or have appended thereto the following information:

(1) Name of street and official house number, the name of the tract or block number and zone-use legend, the lot number and its dimensions, where the building to be moved is to be placed.

(2) The proposed use or occupancy for the building.

(3) The tract, block, lot, zone-use and official address at the building's existing location.

(4) All dimensions and the structural type of the building.

(5) The nature of the repairs and any alterations or additions.

(6) The complete valuation of the proposed work.

(7) A plot drawn to a scale of not larger than one-eighth (⅛) inch to the foot, shall be filed with the application. Such plot plan shall indicate with dimensions all existing and proposed building locations, yards and setbacks.

(8) A plan of the building to be moved shall be filed with the application, and such plan shall show all necessary structural and sanitary details as required by the building official.

(Code 1952, § 8601; Ord. No. NS-1906, § 2, 6-1-87)

Within fourteen (14) days after the filing of the application provided for in section 8-1762, the building official shall cause an inspection to be made of the building so proposed to be moved and prepare a written report of any deviations from the code disclosed by said inspection.

(Code 1952, § 8602; Ord. No. NS-230, § 1, 2-18-57; Ord. No. NS-2084, § 1, 9-17-90)

If the building official determines that said building in all respects complies with the building, electrical, plumbing and housing codes of the city, he shall grant the relocation permit.

If the building official determines that said building does not comply with the minimum requirements contained in the building code, electrical code, plumbing code, housing code, or mechanical code, but that such failure to reach said minimum requirements can be satisfactorily repaired, he may grant the relocation permit on condition that the applicant for said permit, and the owner of the land to which it is proposed to move said building, sign an agreement to repair said building in such a manner as to bring the same up to code requirement.

If the building official determines that the items in which the building fails to meet said code requirements are matters which do not endanger public health or safety and that, in his opinion, said building does not endanger the health or safety of the community in which it is proposed to relocate the same, he may grant the permit without requiring that the minimum standards of said codes be met in those particulars mentioned and waived by him in his report.

(Code 1952, § 8603; Ord. No. NS-230, § 1, 2-18-57; Ord. No. NS-1906, § 3, 6-1-87; Ord. No. NS-2084, § 2, 9-17-90)

Editor's note— Ord. No. NS-2084, § 3, adopted Sept. 17, 1990, repealed §§ 8-1765—8-1767, which pertained to appeals, and fees for filing and inspection and derived from §§ 8604, 8610 and 8612 of the city's 1952 Code as amended by Ord. No. NS-230, § 1, adopted Feb. 18, 1957; Ord. No. NS-236, § 1, adopted Mar. 18, 1957; Ord. No. NS-1235, § 34, adopted Dec. 9, 1974; and Ord. No. NS-1906, §§ 4—6, adopted June 1, 1987.

No relocation permit shall be issued unless the applicant therefor shall first post with the building official, in addition to the clean-up bond required in section 8-1773, a bond executed by the owner of the premises where the building or structure is to be located, as principal, and by a surety company authorized to do business in this state, as surety; which shall be in form joint and several, shall name the city as obligee, and shall be in an amount equal to the cost of foundation, utility connections, street and walk improvements to city standards and other requirements, plus twenty-five (25) percent, of the work required to be done in order to comply with all of 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 or cashier's check 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 purposes of this section. Said bond may be waived by the building official in any case where the building official shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or that of moving a building on the same lot or to adjacent property of the same owner; but the exceptions herein made shall not apply unless the building official finds that no such security is necessary in order to assure compliance with the requirements of this section.

(Code 1952, § 8605; Ord. No. NS-230, § 1, 2-18-57; Ord. No. NS-1906, § 7, 6-1-87)

Every bond posted pursuant to section 8-1768 shall be conditioned as follows:

(1) That all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the director of building safety.

(2) That all of the work required to be done pursuant to the conditions 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 one hundred eighty (180) days after the issuance of the relocation permit. The time limit herein specified or the time limit specified in any such permit may be extended for good and sufficient cause by the building official. No such extension of time shall be valid unless in writing, and no such extension shall release any surety from any bond.

When an application has been granted and such bond posted and approved, the building official shall issue the relocation permit.

(Code 1952, § 8606; Ord. No. NS-230, § 1, 2-18-57; Ord. No. NS-1906, § 8, 6-1-87; Ord. No. NS-2084, § 4, 9-17-90)

(a) Whenever the building official shall find that a default has occurred in the performance of any term or condition of any permit and completion bond, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall specify 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. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed, or failing therein, must pay to the city, the estimated cost of doing the work as set forth in the notice plus an additional sum equal to twenty-five (25) percent of said estimated cost. Upon the receipt of such monies, the building official shall proceed in such manner as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure and accounting to the surety for the money so paid. The cost of supervision, twenty-five (25) percent of the amount fixed may be held by the city.

(b) If a cash bond has been posted, notice of default as provided above shall be given to the principal, and if compliance is not obtained within the time specified, the building official shall proceed without delay and without further notice to use the cash deposit or any portion of such deposit to cause the required work to be done, by contract or otherwise, in his discretion. The balance, if any, shall, upon completion of the work, be returned to the depositor or to his successors or assigns, after deducting the cost of the work plus twenty-five (25) percent thereof.

(c) When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, of demolishing the building or structure and clearing, cleaning and restoring the site. If the surety defaults, the building official shall have the same option and the cost plus twenty-five (25) percent shall be a charge against the bond.

(Code 1952, § 8607; Ord. No. NS-230, § 1, 2-18-57; Ord. No. NS-1906, § 9, 6-1-87)

(a) The term of such bond 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 shall 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 provided elsewhere in this article.

(b) The building official, 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 and bond, the surety, or any person employed or engaged in its behalf, or the building official or any person employed or engaged in his 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 shall be 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 of the city, engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued after default has occurred in the performance of the terms or conditions thereof.

(Code 1952, § 8609; Ord. No. NS-230, § 1, 2-18-57; Ord. No. NS-1906, § 10, 6-1-87)

(a) The provisions of sections 8-1768 through 8-1771 relating to the posting of bonds shall not apply where the building or structure is to be moved to a location outside the limits of the city. In such cases, if the building official finds that the building or structure is so constructed and in such condition that it may be removed with safety, the permit shall be issued without the requirement of a bond.

(b) The provisions of sections 8-1763 through 8-1765 and 8-1768 through 8-1771, both inclusive, shall not apply to accessory buildings of four hundred (400) square feet or less, provided the building official shall first find that such building is structurally sound and in such condition that it may be moved with safety. The permit in such cases shall be issued without requirement of a bond.

(Code 1952, § 8608; Ord. No. NS-230, § 1, 2-18-57; Ord. No. NS-1906, § 11, 6-1-87)

The clean-up bond referred to in section 8-1768 shall be in an amount determined by the building official to be sufficient to guarantee that all building materials from the removed building shall be brought to ground level, all the excavations filled, and all debris covered or removed from the lot from which a building was removed, within a period of six (6) months of the date the relocation permit was granted, unless a written extension of time be granted by the building official. All applicable provisions of section 8-1770 shall apply to the clean-up bond herein provided for. Said bond may be a surety bond or a cash bond, as provided for in section 8-1768, for the completion bond.

(Code 1952, § 8611; Ord. No. NS-230, § 1, 2-18-57; Ord. No. NS-1906, § 12, 6-1-87)