Shafter Municipal Code Ch. 15.36 Building Relocation

This chapter may be cited as the "Shafter Moved Building Regulations."

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

For the purposes of this chapter certain phrases, words, and their derivatives shall be construed as specified in this section. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine, and the feminine, the masculine.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

Phrases, words and their derivatives used but not defined in this chapter shall have the meaning defined in this title, including the respective codes as therein adopted or modified.

"Building" means any building or structure, as defined in the Shafter Building Code.

"Move," "movement" and "moving," when used with reference to a building, means any manner of horizontal movement thereof."

"Neighborhood of the proposed site" means and includes, but is not confined to, a radius of three hundred feet measured from the exterior boundaries of the lot or parcel on which it is proposed to relocate a building.

"Permit" means and includes an appropriate permit to move or relocate a building, as the case may be, unless otherwise expressly described.

"Public ways" includes public or city streets, highways, alleys and sidewalks.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. This chapter shall not apply to the moving of any kind of building or structure for which no building permit would be required in case of new construction thereof.

B. This chapter shall not apply to the moving of a building temporarily to a point on the same building lot or site for the purpose of renewing or replacing the foundation or footings of such building in substantially the same location as before.

C. This chapter shall not apply to the first move only of buildings constructed under and conforming to provisions of the State Factory Built Housing Law, or non-state approved factory built buildings constructed under a permit issued by the Shafter Building Inspection Division, or to a non-state approved factory built building which was constructed under a permit in another jurisdiction acceptable to the Shafter Building Inspection Division.

D. This chapter shall not apply to buildings that are not located within the incorporated area of City of Shafter that are to be moved through to a location outside the jurisdiction of the City, except such moving while within the incorporated areas of the City shall be done in accordance with subsections (F) and (G) of Section 15.36.080 of this chapter.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. No permit for the moving of a building over public ways shall be issued by any officer or department of the City unless the applicant holds a valid permit for such building under this chapter or a certificate issued by the building official showing this chapter does not apply to moving of such building.

B. Nothing in this chapter shall be deemed to excuse compliance with any law, or any other chapter of this code or other ordinance regulating the moving of buildings over public ways.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. It is unlawful for any person to move any building within or into the incorporated area of the City, unless a valid permit to move or relocate such building has been issued under this chapter, or after expiration of such permit, or in violation of the terms of such permit, or in any manner contrary to the provisions of this chapter.

B. It is unlawful for any person to maintain within the incorporated area of the City any building which has been moved, unless a valid permit to move or relocate such building has been issued under this chapter, or after expiration of such permit, or in violation of the terms of such permit, or in any manner contrary to the provisions of this chapter.

C. It is unlawful for any person to cause or suffer any building to be moved onto, or any building which has been moved to be maintained on, any real property owned by such persons or under his control within the incorporated area of the City, unless a valid permit to move or relocate such building has been issued under this chapter, or after expiration of such permit, or in violation of the terms of such permit, or in any manner contrary to the provisions of this chapter.

D. From and after the time a building has been caused to conform to all of the plans, terms and conditions of the permit for moving or relocating the same, or caused to conform to all of the applicable laws and regulations of the state of California and all of the building, housing, mechanical, plumbing and electrical standards imposed by this title, its further maintenance shall cease to be subject to the provisions of this section.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. A licensed house mover shall be entitled to a special permit to move a building to his own storage lot in accordance with this section.

B. Such storage lot shall be properly zoned for storage of moved building, owned by the applicant, and described in his application and such permit.

C. Application for such a special permit shall be made and relocation survey fees shall be paid in the manner provided in Section 15.36.090 of this chapter, and a survey of the building to be so moved shall be made.

D. The building official shall deny the permit to so move the building to such storage lot for any of the causes for which a relocation permit is required to be denied, or if he shall determine that the applicant has not complied with any of the requirements of this section.

E. Such permit shall expire if the work of moving such building is not commenced within sixty days after its issuance and thereafter diligently completed. Such permit shall also expire if within thirty days after relocation of the building to the storage lot the building has not been removed from the cribbing and placed on an approved foundation system.

F. Such a building shall not be moved from the storage lot except following application for and issuance of a relocation permit for such purposes as in the case of any other building proposed to be moved, or unless a permit is issued under another applicable provision of this chapter.

G. In event of subsequent application for a relocation permit, the building shall be subject to a new survey, and the City shall not be bound in any manner by any determination made of the previous survey of the building.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. A special permit shall be granted to move a building to a point outside the jurisdiction of City of Shafter or within the boundaries of an incorporated city in accordance with the provisions of this section.

B. Application for such special permit shall be made in writing to the building official.

C. Such application shall be accompanied by the permit authorizing the relocation of such building to the point mentioned in subsection (A) of this section or a true copy thereof, or by certificate issued by the building official of such other jurisdiction showing that no permit is required under its ordinances for the relocation of such building to such point.

D. The applicant shall agree in his application that the building shall only be moved to the point therein specified and in accordance with this section.

E. Such special permit shall expire thirty days after the date of its issuance, and shall not be extended.

F. After the moving of any such building has begun, such building shall be moved continuously until it has been moved to a point outside the jurisdiction of City of Shafter, except as otherwise allowed in this section, and otherwise the movement or maintenance of such building shall be deemed to be in violation of the terms of such permit.

G. Notwithstanding the provisions of subsection (F) of this section, such building shall not be required to be moved during any period when it may not be permissible under any law or any other chapter or ordinance of City of Shafter, and such building may be stored temporarily on private property for one or more non-consecutive periods, none of which shall exceed forty-eight hours, or temporarily on a storage lot properly zoned for storage of moved buildings for a single period not exceeding one week.

H. In the event of default and if the City elects to complete the building as elsewhere provided in this chapter, there is reserved to the City the authority to correct any errors or omissions which may appear in the plans required in Section 15.36.110 of this chapter, notwithstanding any prior approval thereof, and to proceed on the basis of such plans as so corrected.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. Every application for a relocation permit shall be filed with the building official on a form which he shall provide, and the applicant shall set forth therein such information as the building official may reasonably require in order to carry out the provisions of this chapter.

B. Concurrently with the filing of an application for a relocation permit, there shall be paid to the building official a relocation survey fee in such amount as fixed by resolution of the City Council, to help defray the cost of the surveys and investigations below mentioned.

C. If a relocation survey is required to be conducted in any other city, an additional fee shall be charged for the mileage and inspection time expended in any other city, at the rate fixed by resolution of the City Council. The building official shall estimate the amount thereof, which shall be paid with the filing of the application; and upon completion of the survey the actual amount thereof shall be determined by the building official, and any surplus shall be returned or credited to the applicant and any deficiency shall be paid by him prior to any further proceedings with respect to the issuance of any permit; but if the building official denies the issuance of the relocation permit, the amount of such deficiency shall be canceled.

D. The relocation survey fee is in addition to such other fees as may be required under Chapter 15.04 of this title in connection with the repair, remodeling, reconstruction or additions to the building.

E. On receipt of such application and fees, the building official shall within seven days complete a survey of the building and the site to which it is to be moved. The applicant is responsible for furnishing the building official with legal access to the interior of the building and its site and to the site to which it is to be moved.

F. On completion of such survey, the building official shall determine whether the proceedings for issuance of a permit should continue or whether the permit should be denied.

The building official shall deny a relocation permit for any building which:

A. Is so constructed or in such condition as to be an unsafe building, as defined by this title;

B. Is infested with insects, vermin or rodents;

C. Contains dirt, trash, debris or abandoned property the presence of which may create a hazard to health or safety or a nuisance;

D. Is so dilapidated or defective or in such condition of deterioration or disrepair that its relocation at the proposed site will be materially detrimental to any property and improvements in the neighborhood of the proposed site;

E. Because of age, size, design or architectural treatment will not substantially conform to the general or prevailing design, plan and construction of the buildings in the neighborhood of the proposed site;

F. If the cost of any repairs, remodeling or reconstruction thereof, as estimated by the building official, required to meet the standards determined by the building official in accordance with Section 15.36.140 would exceed sixty percent of the replacement cost of a new structure of similar size and kind;

G. Because of its design, or proposed use or location on the new site, it would be prohibited under any zoning ordinance or other land use ordinance of the City of Shafter; or

H. Is of a type prohibited at the proposed site by any law or this chapter or any other ordinance.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. If the building official determines that the proceedings for issuance of a permit should continue, the applicant shall file his plans with the building official.

B. Such plans shall include specifications and working drawings for the structural, electrical, plumbing and mechanical parts of the building in connection with the proposed remodeling, repair, reconstruction or additions to the building as relocated, and also showing the existing structure to the extent the building official deems reasonably necessary to ascertain the condition of the building and the conformity thereof to the requirements of this chapter.

C. The building official may require additional plans and data showing site preparation, grading, improvements and utility locations, and photographs of the existing construction (both interior and exterior) and the proposed site, as he may deem reasonably necessary to the performance of his duties.

D. The applicant shall, at his sole expense, furnish all necessary drawings, photographs, planning and engineering services as may be needed in the preparation and any required revision of said plans; and the applicant shall be responsible for the accuracy and completeness thereof.

E. The building official shall review the application form, and said plans and data and shall apply thereto the standards hereinafter mentioned; and the applicant shall revise his plans as necessary to conform to the standards, terms and conditions imposed by the building official.

F. The form and manner of preparation of plans, and the procedures for checking the same, shall be the same as provided in Chapter 15.06 and 15.08 of this title unless otherwise expressly provided herein.

G. The plans and other data submitted by the applicant shall be deemed a part of his application.

H. The plans as finally approved shall be deemed a part of the relocation permit.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. Every permit issued by the building official under the provisions of this chapter, except those issued in accordance with Section 15.36.070 of this chapter, shall expire by limitation and become null and void if within thirty days after relocation of the building to the site, the building has not been removed from the cribbing and placed on the approved foundation, or if the additional work authorized by such permit is not commenced within one hundred eighty days from the date of issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one hundred eighty days after the expiration of the permit.

B. Any permittee holding an unexpired permit, except those issued in accordance with Section 15.36.070 of this chapter, may apply for an extension of the time within which he may commence work under that permit when unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee, for a period not exceeding one hundred eighty days, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. In the event of cancellation of a building permit, permittee is not entitled to a return of any fee previously paid for the permit.

C. If the building official determines that the plans require correction on account of errors or omissions in the original application or plans, or in order to conform to any new or amended statute, regulation, ordinance or standard mentioned in Section 15.36.140, he shall require, as a condition to granting any extension of time, revision of the plans or the permit, as he deems necessary, in the exercise of his reasonable discretion.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

The fees for building permits and for plan checking shall be paid at the same times and in the same amounts as in the case of new construction under Chapter 15.04, 15.06 and 15.08 of this title.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. Any building which is relocated shall be caused to conform to all applicable laws and regulations of the state of California and to conform to all building, housing, mechanical, plumbing and electrical standards imposed by this chapter; provided, however, that the building official may for good cause shown authorize departures from such standards to the extent that he determines in his reasonable discretion that such departures:

1. Will not be materially detrimental to any property and improvements in the neighborhood of the proposed site; and

2. Will not create a substantial lack of conformity with the general or prevailing design, plan and construction of the buildings in the neighborhood of the proposed site; and

3. Will not permit such building to be substandard, as defined by Chapter 10, Section 1001 of the Shafter Housing Code, as adopted by Chapter 15.16 of this title.

B. The building official shall impose such additional terms and conditions for relocation of such building and doing any work of remodeling, repair, reconstruction or additions as he determines reasonably necessary to assure compliance with this chapter and conformity with the foregoing standards and the approved plans, and which shall be endorsed on or attached to the permit or the approved plans.

C. The plans, as finally approved, shall be made to conform to the standards, terms and conditions as so determined.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

Each relocation permit shall be deemed to be issued subject to and shall contain the following general conditions and duties on the part of the applicant:

A. The applicant shall fully perform and complete the work required to be done by said plans and the terms and conditions of said permit to the reasonable satisfaction of the building official within the time fixed in the permit or within such extension of time provided by this chapter.

B. If the work so required is not completed within the time so fixed (and without regard to any extensions which may be granted), the applicant shall conform with all standards imposed by this title from time to time in effect, and shall pay all additional costs or expenses which may be required in order to so conform.

C. The applicant shall conform with the provisions of this chapter and all other provisions of City ordinances relating to the moving or relocation of buildings.

D. The applicant shall at all times permit the representatives of the to come into the building and onto the site thereof to permit its inspection and work required by this chapter and the performance of other official duties until such time as all required work has been completed and approved.

E. The applicant shall not permit any person to occupy said building for any purpose except in the work required by the permit or this chapter, until such time as all the required work has been completed and approved.

F. In the event the applicant defaults, he shall permit, after notice hereinafter mentioned, the City to enter on the building site or the building and to complete or demolish the same.

G. In the event the applicant defaults, and if the City elects to complete the building, the City shall be entitled to use therein any building materials or supplies stored on the premises.

H. In the event the applicant defaults, and if the City elects to demolish the building, the applicant shall be deemed to have released any and all title to the materials of which the building is constructed, provided however that any proceeds therefrom shall be credited to account of the applicant or the owner thereof.

I. In the event the applicant defaults, and if the City elects to complete or demolish the building the applicant will indemnify, defend and hold harmless the City from any claim, suit or judgment by any person who may assert ownership of the building or any part thereof or anything in or on the same or the right to occupy the same or ownership of the land on which it is situated, for any damages or obligation alleged to result from the completion, removal or demolition of the building or any damage to any land, tree, shrub, structure or other improvement on such land caused by such completion, removal or demolition.

J. In event the applicant defaults, and if the City elects to complete or demolish the building, the applicant shall pay to the City the actual costs incurred by the City therein, plus an additional ten percent of the amount of such costs on account of cost of administration by the City. The City shall be entitled to do such work by force account or by contract.

K. The costs of the work to be paid to the City shall include any additional expenses incurred by the City in the correction of the plans on account of errors or omissions or to conform to any new standards imposed by this title from time to time, any additional expenses of construction or otherwise completing said building arising from such new standards or any new state law, or arising from errors or omissions in the original plans, or arising from any increase in costs of labor or materials.

L. In event the applicant defaults, the applicant shall pay to the City a reasonable attorney's fee to be fixed by the court, and all actual costs, witness fees, and engineering expenses which the City may incur in any suit or legal proceedings which the City may determine necessary for the purposes of enforcement of or recovery of money under the provisions of this chapter, the terms and conditions of the permit, and the enforcement of any judgment rendered in such suit or legal proceedings.

M. In event the applicant defaults, the applicant shall pay the City interest at the rate of seven percent per annum from the time any item of City expense mentioned in this section is incurred until the date of payment thereof.

N. The period for commencing actions for enforcement of or recovery of money under provisions of this chapter, and the terms or conditions of the permit is waived effective for a period of four years from the date of expiration of the time limited for commencement of such actions by the Code of Civil Procedure.

O. The place of performance of the obligations of the applicant shall be the City of Shafter, State of California.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. Inasmuch as it would be impracticable or extremely difficult to fix the actual damage to the public by delay in completion of the relocation and associated work, in the event the work is not completed within the time fixed in the permit, or as extended under Section 15.36.120, the applicant shall be obligated to the City, as liquidated damages, for each and every day of such delay in the amount of five dollars.

B. The liquidated damages so incurred shall be payable to the City by the applicant on demand, and the City Council is authorized to bring any action necessary for the recovery of same. The City may have or draw on other security for recovery of liquidated damages so incurred, and from time to time.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

The obligations of the applicant to the City shall be as prescribed by this chapter. The applicant is required to take all measures and to enter into all agreements and to obtain all grants which may be necessary to assure his right and ability to carry out his obligations under this chapter.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

In the event the building official determines that default has occurred in the performance of any of the terms and conditions of the permit, or of the requirements of this chapter, he may give written notice thereof to the applicant.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. Such notice may be served in person on the applicant or by ordinary United States mail, postage prepaid and addressed to such person at the address set forth in the application, as the case may be.

B. In the notice of default, the building official shall state the general nature of the work to be done, his estimate of the cost thereof, and he shall specify a time within which such work shall be completed, which shall be such time as he shall determine to be reasonably necessary under the circumstances.

C. The City shall not be required to give any further notice to the applicant of any default of the applicant.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. The applicant shall forthwith comply with such notice and complete the work, the terms and conditions of the permit and the requirement of this chapter within the time specified in such notice, to the reasonable satisfaction of the building official.

B. The applicant may also comply with such notice by dismantling or demolishing said building and removing all parts of the building and all other debris from the site and clearing, cleaning and leveling the site, within the time prescribed in said notice, to the reasonable satisfaction of the building official.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. It is unlawful for any person to interfere with or obstruct the authorized officials or representatives of the City of Shafter while engaged in inspecting the building or its site, at all times prior to the completion of the work in accordance with this chapter.

B. It is unlawful for any person to interfere with or obstruct the authorized officials or representatives or employees of the City of Shafter, or persons contracting with them for such purposes or the employees of such contractors, while engaged in completing such work or dismantling or demolishing such building, after such notice of default has been given to the applicant in the manner provided in this chapter.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

If within the time fixed in such notice of default the work has not been completed or the building dismantled or demolished in the manner mentioned in Section 15.36.200, the City shall be entitled to bring a suit or other legal proceedings for the enforcement of, or recovery of any money under, the several obligations of the applicant.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. If within the time fixed in such notice of default the work has not been completed or the building dismantled or demolished in the manner mentioned in Section 15.36.200, the building official may elect to cause the work to be completed or the building to be dismantled or demolished, as a separate and cumulative remedy with respect to that mentioned in Section 15.36.220 of this chapter.

B. The building official shall consider the condition of the building, the cost to complete the required work, and considering the public health, safety and welfare whether it is reasonable that the work should be completed. If the building official determines that it is not reasonable to complete the building, he may cause it to be dismantled or demolished.

C. The cost of the work shall include any additional expenses incurred as mentioned in subsection (J) and (K) of Section 15.36.150 of this chapter.

D. The costs so incurred by the City, together with any other obligations of the applicant, shall be payable to the City on demand, and the City Council of City of Shafter is authorized to bring any action necessary for the recovery of any money due from the applicant.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

A. Any applicant or permittee who is not satisfied with any decision, action or refusal to act by any officer or employee of the City with respect to the provisions of this chapter may appeal to the City Council for relief therefrom.

B. Such appeal shall be in writing, and shall cite the decision or other matter from which relief is sought, state the circumstance which justifies such relief, and identify the officer or employee in question. Such applicant shall also show the address to which notices may be mailed to the appellant, and shall be signed by the appellant or his agent.

C. The Clerk of the City Council shall cause notice of hearing on such appeal to be given by mailing a copy of such notice to the appellant, to the building official and to the officer or employee in question.

D. The City Council shall, after hearing said matter, by its order sustain, modify or overrule the decision or action of such officer or employee, or direct him to act, and may make or impose such further order, requirement, or condition as the board may deem to be consistent with the purposes of this chapter.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)