§ 9.32

The purpose of this chapter is to provide standards and regulations to govern the moving of houses and other buildings or structures. Nothing in this chapter shall excuse the need to pay for and obtain building permits or to obtain any other permit or pay any other fee that may be necessary to comply with conditions placed on the granting of a building moving permit as set forth in this chapter.

(Ord. 1073 § 1 (part), 2005)

9.32.020 - Definitions—Building and building moving permit.

As used in this chapter:

"Building" means any house or other building or structure, including but not limited to manufactured or factory-built housing, that has a total floor area of more than 120 square feet.

"Building moving permit" means a permit issued by the City Manager's designee for the moving of any building, or any portion thereof, to any location within the City from any location outside the City, from any location within the City to another location outside the City, or from one location to another within the City.

(Ord. 1073 § 1 (part), 2005)

No person shall move any building, or any portion thereof, to any location within the City from any location outside the City, from one location to another within the City, or from any location within the City to any location outside the City unless and until the City Manager's designee has first issued to the owner of the premises to which the building is to be moved a building moving permit for the movement of the particular building to those premises. Applications for building moving permits shall be made to the Development and Engineering Services Department or such other Department as may be designated by the City Manager. Neither the issuance of a building moving permit, nor the implementation of any provision of this chapter, shall constitute a determination by the City that the building proposed to be moved is capable of being

moved without causing damage to persons, property, or such building or structure during the moving process.

(Ord. 1073 § 1 (part), 2005)

Before any application for a building moving permit is accepted, a fee of One Hundred and no/100ths ($100.00) Dollars, as revised from time to time by City Council resolution, shall be paid by the applicant to cover the cost to the City of the investigation of the building to be moved to determine whether a building moving permit should be issued, the applicable post-building moving conditions and the inspection of the proposed new location if such new location is located within the City. Such application fee shall be in addition to any other building permit and inspection fees. No part of the application fee shall be refunded.

(Ord. 1073 § 1 (part), 2005)

A separate application shall be made for each building, or portion of a building, to be moved as a unit. No permit shall be issued until an application has been filed as herein provided. Every application to the Development and Engineering Services Department for a building moving permit shall be in writing upon a form furnished by the Department, and shall set forth such information as reasonably may be required to carry out the purposes of this chapter, including the following:

(1)

A complete description of the building to be moved;

(2)

A recent photograph of the building;

(3)

The street address and legal description of the present location of the building;

(4)

The street location and the legal description of the location to which the building is to be moved;

(5)

A description of the route over, along, across or upon which such building, section or portion thereof, is to be moved, and the date and time when it is proposed to be moved;

(6)

A description of any proposed additions, alterations, repairs or improvements to be made to the building, either before, or after it is moved (if the building will be moved to a location within the City), and a statement of the approximate time when the same will be made;

(7)

If the building will be moved to a location within the City, the proposed use to which such building will be put; and

(8)

If the building will be moved to a location within the City, a plot plan, indicating the dimensions of the lot, the proposed location of the building upon the lot, proposed ingress and egress and parking spaces, and proposed landscaping.

(Ord. 1073 § 1 (part), 2005)

• 9.32.060 - Building moving permit—Issuance or denial.

(a)

No permit shall be issued to move any building to a lot or parcel located within the City if any of the following apply:

(1)

The land to which the building is proposed to be moved is not a legal lot of record;

(2)

The land to which the building is proposed to be moved does not have a minimum thirty-five (35′) foot frontage on a public street;

(3)

The building is infested with pests or unsanitary;

(4)

The building is so unsightly or so architecturally incompatible with the surrounding neighborhood, that, in the opinion of the City Manager's designee, allowing the building to be moved to the proposed site would cause appreciable harm or be materially detrimental to the property or improvements within a radius of 1,000 feet from the proposed site;

(5)

The proposed use is prohibited by the zoning laws of the City;

(6)

The building is of a type prohibited, at the proposed location, by any fire regulation or by any other law;

(7)

The building is so constructed or in such condition as to be dangerous or substandard; provided, however, if the condition of the building, in the judgment of the City Manager's designee, admits of practicable and effective repair, so as to fully comply with the codes set forth in California Health and Safety Code section 17922 and all current uniform codes adopted in Title 9 of this Code, the permit may be issued upon conditions as provided in this chapter; or

(8)

The proposed location for the building, as shown on the plot plan provided with the application or in the judgment of the City Manager's designee, shows that the building will not meet the minimum standards of lot coverage, parking, front yards, side yards, rear yards, height of structures, or distances between structures as prescribed in the zoning regulations for the district in which the structure is proposed to be located and as such zoning regulations may be revised from time to time.

(b)

No permit shall be issued unless the applicant agrees to protect, defend, indemnify and hold City, its officers, employees and agents free and harmless from and against any and all losses of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of the permit granted and/or the performance hereof. The applicant shall further agree to investigate, handle, respond to, provide defense for and defend any such claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of the permit granted and/or the performance hereof, at applicant's sole expense and agrees to bear all other costs and expenses related thereto.

(c)

If the unlawful, dangerous, or defective condition of the building proposed to be moved is such that remedies or corrections cannot practicably and effectively be made, the permit shall be denied. To determine any of the matters presented by the application, the City Manager's designee may cause to be made any investigation required in his or her discretion.

(Ord. 1073 § 1 (part), 2005)

(a)

If the City Manager's designee shall deem it necessary or expedient to do in granting any building moving permit, the City Manager's designee may impose thereon such terms and conditions as the City Manager's designee may deem reasonable and proper, including, but not limited to, the requirement of post-building moving changes, alterations, additions, or repairs to be made to or upon the building to the end that the moving thereof will not be materially detrimental or injurious to the public safety or public welfare or to the property and improvements, or either, in the zoning district to which the building is to be moved as limited by this chapter; provided, however, for factory-built or manufactured housing, the conditions shall be limited to the roof overhang and roofing and siding material. The terms and conditions upon which each

permit is granted shall be written upon the permit or appended in writing thereto. Nothing in this chapter shall excuse the need to pay for and obtain all building permits, fees, and other applicable permits.

(b)

To prevent moved buildings from remaining incomplete for indefinite periods of time, the following time schedule shall apply to the moving of buildings:

(1)

Notwithstanding times for completion under any building permits that may be issued, all required alterations and improvements to buildings and sites, as shown on the approved plans and specifications, shall be completed within ninety (90) calendar days after issuance of the building moving permit;

(2)

This time may be extended for not to exceed an additional ninety (90) calendar days by the City Manager's designee upon submission of written proof by the applicant that conditions beyond the applicant's control make it impractical and unreasonable to complete the required alterations and improvements within the first ninety (90) calendar days;

(3)

Where the applicant moves a building and fails to complete the required alterations and improvements within ninety (90) calendar days or any extension thereof after issuance of the building moving permit, the City Manager's designee shall take such action against the principal and surety on the bonds described in sections 9.32.080 and 9.32.090 as is necessary to accomplish completion of the required alterations and improvements; and

(4)

Notwithstanding times for completion under any building permits that may be issued, if the applicant and the surety have failed to place and complete the building and construct the site improvements according to approved plans and specifications within one year of the date of issuance of the building moving permit, the City Manager's designee may summarily, without further process, declare said building a nuisance and abate such nuisance by completion of the building and improvements according to the plans, or by demolition of the building, and the cost of such abatement shall be a charge upon the applicant and the applicant's surety.

(Ord. 1073 § 1 (part), 2005)

(a)

The applicant shall take all precautions necessary for the prevention of damage to property on or adjacent to the work site, and for the safety of and prevention of injury to persons, including City's employees, applicant's employees and contractors, and third persons, on or adjacent to the work site. All work shall be performed entirely at applicant's risk.

(b)

No building moving permit shall be issued to move a building to a location within the City unless the applicant therefore shall first post with the City a bond, acceptable to the City Attorney, 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 the State, as surety. The bond, which shall be in form joint and several, shall name the City as obligee and shall be in an amount equal to the cost, plus ten (10%) percent of the work required to be done, in order to comply with all the conditions of such building moving permit, other than those required under section 9.32.090, as estimated by the City Manager's designee. In lieu of a surety bond, the applicant may post a bond, executed by the owner as principal, which is secured by a deposit 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 chapter. The bond required by this section shall be in addition to the bond required in section 9.32.090.

(c)

No building moving permit shall be issued unless the applicant files with the City proof of liability insurance in a minimum amount of One Million and no/100ths ($1,000,000.00) Dollars per occurrence and Two Million and no/100ths ($2,000,000.00) Dollars annual aggregate for bodily injury and property damage and the City, its officers, employees, and agents shall be named as additional insured. Such policies shall be issued by an insurance company authorized to transact business in the State and acceptable to the City Attorney. Such policy shall not be cancelled without providing written notice to the City of intention to cancel a minimum of ten (10) days prior to such cancellation.

(Ord. 1073 § 1 (part), 2005)

9.32.090 - Clearance of site—Safety measures required.

(a)

No building moving permit shall be issued to move a building from property located within the City, even if such building is proposed to be moved to property located outside the City, unless the applicant therefore shall first post with the City a bond, in a form acceptable to the City Attorney, executed by the owner of the premises where the building or structure is to be moved from, as principal, and by a surety company authorized to do business in the State, as surety. The bond, which shall be in form joint and several, shall name the City as obligee and shall be in an amount equal to the cost, plus ten (10%) percent of the work required to be done, in order to comply with all the conditions set forth in this section, as estimated by the

ng or structure is to be moved from, as principal, and by a surety company authorized to do business in the State, as surety. The bond, which shall be in form joint and several, shall name the City as obligee and shall be in an amount equal to the cost, plus ten (10%) percent of the work required to be done, in order to comply with all the conditions set forth in this section, as estimated by the

City Manager's designee. In lieu of a surety bond, the applicant may post a bond, executed by the owner as principal, which is secured by a deposit 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 chapter. The bond required by this section shall be in addition to the bond required in section 9.32.080 and shall be conditioned as follows:

(1)

Immediately after the moving of any building, the permittee or his/her authorized agent shall securely barricade all basement excavations and other holes or openings; and,

(2)

Within ten (10) days after the moving of any building, the permittee or his/her authorized agent shall complete the following work:

(i)

Securely cap and seal all gas, water, and oil pipelines disconnected from the building;

(ii)

Securely close and seal any sanitary piping located on the property;

(iii)

Fill with dirt or sand any septic tanks or cesspools located on the property;

(iv)

Fill any openings, excavations, or basements remaining on the land with dirt or sand to the street level or the natural level of adjoining property unless otherwise directed by the City Manager's designee;

(v)

Remove any buried underground tanks formerly used for the storage of flammable liquids as may be required by the Fire Department; and

(vi)

Remove all refuse, debris, and waste materials from the property.

(b)

An extension of time for the completion of the work required by this section may be granted by the City Manager's designee when, in his or her discretion, circumstances justify such an extension; but no such extension shall release any bond or other security furnished pursuant to this section.

(Ord. 1073 § 1 (part), 2005)

No bond, however, shall need to be posted in any case where the City Manager's designee determines that the only moving involved is that of moving a building temporarily to the regularly occupied business premises of a house mover, or that of moving a building to adjacent property of the same owner; provided, however, that the exceptions of this section shall not apply unless the City Manager's designee further finds that no such security is necessary in order to assure compliance with the requirements of this chapter.

(Ord. 1073 § 1 (part), 2005)

Every bond posted pursuant to this chapter shall be conditioned as follows:

(1)

That each and all of the terms and conditions of the building moving permit shall be complied with to the satisfaction of the City Manager's designee; and

(2)

That all of the work required to be done pursuant to the conditions of the building moving permit shall be fully performed and completed within the time limit specified in the building moving permit or, if no time limit is specified, within ninety (90) days after the date of its issuance. The time limit therein specified, or the time limit specified in any permit, may be extended for good and sufficient cause by the City Manager's designee. No such extension of time shall be valid unless written, and no such extension shall release any surety.

(Ord. 1073 § 1 (part), 2005)

Whenever the City Manager's designee 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. The notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the City Manager's designee to be reasonably necessary for the completion of such work.

(Ord. 1073 § 1 (part), 2005)

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 over to the City the estimated cost of doing the work, as set forth in the notice, plus an additional sum equal to ten (10%) percent of the said estimated cost. Upon the receipt of such moneys the City shall 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 sum in hand therefore.

(Ord. 1073 § 1 (part), 2005)

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 City shall proceed without delay and without further notice or proceedings whatever to use the cash deposit or any portion of such deposit to cause the required work to be done. The balance, if any, of such cash deposit shall be returned to the depositor, or to his or her successors or assigns, upon the completion of the work after deducting the cost of the work plus ten (10%) percent thereof.

(Ord. 1073 § 1 (part), 2005)

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, to demolish the building and to clear, clean and restore the site. If the surety shall fail to complete the work or demolish the building and to clean and restore the site as herein provided, the City shall have the same option. Nothing in this section shall excuse the need to obtain any other applicable permit, including, but not limited to, a demolition permit.

(Ord. 1073 § 1 (part), 2005)

The terms of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof and shall end upon the completion, to the satisfaction of the City Manager's designee, of the performance of all the terms and conditions of the building moving permit. Such completion shall be evidenced by a statement thereof, signed by the City Manager's designee, 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 or her 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 chapter.

(Ord. 1073 § 1 (part), 2005)

The City Manager's designee, the surety, and the duly authorized representative of either shall have access to the premises described in the building moving permit, and the surety, or any person employed or engaged on its behalf, or any person employed or engaged on behalf of the City, shall have the right to go upon the premises to inspect, to complete the required work or to remove or demolish the building. No person shall interfere with or obstruct the ingress to or egress from any premises of any authorized representative or agent of any surety or of the City engaged in the work of inspecting, completing, demolishing or removing any building for which a building moving permit has been issued after a default has occurred in the performance of the terms or conditions thereof.

(Ord. 1073 § 1 (part), 2005)

9.32.180 - Requirements for movers—Standards for moving.

(a)

Buildings may be moved on City streets only by owners for their own use, or by duly licensed moving contractors. In any event, no person shall move any building along the streets of the City without complying with the following requirements:

(1)

Every mover must have on file, with the City Clerk, proof of financial responsibility in an amount to meet the requirements of financial responsibility as set forth in Vehicle Code section 16500.5 and as such section may be amended from time to time. Any insurance policy secured by the mover to meet the requirements of this section shall name the City as an additional insured;

(2)

That the mover has obtained extra insurance or other financial security as a condition for a permit for unusually large or heavy loads which pose a substantial risk to public facilities;

(3)

That the mover will comply with all applicable laws and ordinances, in particular requirements for street encroachment as provided in this Code;

(4)

That the mover will pay any and all damages which may result from any building moving done by the mover or the mover's agents, employees, or workers in the City to any house, building, fence, tree, pavement, sidewalk, curb, gutter, utility pole, wire, hydrant, traffic signal, traffic sign, or any other appurtenance in, on, or under any street, right-of-way, whether such facility is owned by the City, by a private person, or by some privately owned public utility using the streets by virtue of franchise; and

(5)

That the mover will save, indemnify, and keep harmless the City against all liabilities, judgments, costs, and expenses which may in any way accrue against the City in consequence of such building move.

(b)

The applicant must provide notice of the proposed route to be followed by the mover to the Chief of Police at least seventy-two (72) hours prior to the intended movement of any building in or through the City. The route and timing of the move shall be determined to minimize interference with traffic flow. Upon approval of the route to be followed, the Chief of Police shall issue written approval of said route. Every person moving a building in or through the City shall be in possession of the written approval of the Chief of Police.

(c)

Should the moving of any building block the normal flow of traffic, a police escort will be required. The applicant shall be responsible for all such City personnel costs. Should the moving of any building require interference with any public utility structure, the applicant shall, after obtaining the written approval of the Chief of Police as to the route to be followed, notify any and all public utilities involved of the tentative time of such move and the estimated load height of the building and moving equipment. The applicant shall indemnify any affected public utility against any and all damages or charges that are a direct and proximate cost and indemnify any affected public utility for any and all reasonable claims or charges that are a direct and proximate result of necessary measures required to protect utility structures from damages that may reasonably result from the moving of buildings.

(d)

Nothing in this section shall excuse the requirement for an additional transportation permit when moving the building requires the operation or movement of a vehicle or combination of vehicles or special mobile equipment or a size or weight of vehicle or load exceeding the maximums specified in the California Vehicle Code.

(e)

After removal from its foundation, no building shall be permitted to remain on any dollies or other structures used in the moving of the building for a period in excess of thirty (30) calendar days, unless written approval is first secured from the City Manager's designee extending such time.

(Ord. 1073 § 1 (part), 2005)

9.32.190 through 9.32.280 - Reserved. Chapter 9.36 - SETBACK LINES

Sections: