Chapter 4.32 — RELOCATION OF BUILDINGS

Section 4.32.010 Definitions. 4.32.020 Relocation permit required. 4.32.030 Denial of relocation permit. 4.32.040 Repair of building—Issuance or denial of permit. 4.32.050 Investigation of application. 4.32.060 Conditions of permit. 4.32.070 Security. 4.32.080 Exceptions. 4.32.090 Conditions of security. 4.32.100 Notice of default—Completion of work. 4.32.110 Demolition of building. 4.32.120 Release of security. 4.32.130 Access to premises. 4.32.140 Permit fees.

4.32.150 Violations.

Whenever any of the following terms are used in this chapter, such terms shall have the following meanings. BOARD OF APPEALS. The Board of Appeals created pursuant to the provisions of the Uniform Building Code. BUILDING OFFICIAL. The city’s Building Official and any assistant or employee in his or her office designated as his or her representative. INSTRUMENT OF CREDIT. An instrument from a financial institution which is subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. NEGOTIABLE BONDS. Negotiable bonds of the kind approved for securing deposits of public money. (1995 Code, § 4.32.010)

No building or structure may be relocated on or moved onto any real property in the City of Tulare until a valid relocation permit has been secured from the Building Official. (1995 Code, § 4.32.020)

Except as otherwise provided in § 4.32.040, the Building Official shall not issue a relocation permit for any building or structure which is included within one or more of the following categories: (A) Is so constructed or is in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects in electrical wiring or any other substantial hazard to the persons who will occupy or enter the building after relocation; (B) Is infested with rats or other vermin or the wood members of the building are infested with rot, decay or termites; (C) Is so unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy the building after relocation or, if not intended for occupancy by human beings, would make it unsuitable for its intended use; (D) Is so dilapidated, unsightly or in such a condition of deterioration or disrepair that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements within a radius of 1,000 feet from the proposed relocation site; (E) If the proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of the city; and/or (F) If the structure does not conform to all applicable provisions of Cal. Health and Safety Code Part 1.5 (commencing with § 17910) of Division 13, and the rules and regulations promulgated thereunder, or does not conform to all applicable provisions of the Uniform Building Code or any other law or ordinance. (1995 Code, § 4.32.030)

If the building or structure to be moved fails to meet any of the standards set forth in § 4.32.030, but it appears possible and practical for such defect to be corrected, the Building Official shall issue the relocation permit upon conditions as hereinafter provided. If the building or structure to be moved fails to meet any of the standards set forth in § 4.32.030, and it does not appear possible or practical for the defects to be corrected, the Building Official shall deny the relocation permit. (1995 Code, § 4.32.040)

In order to determine any of the matters presented by the application, the Building Official may cause any investigation to be made which he or she believes necessary or helpful, and he or she may refer the matter to the Board of Appeals for further investigation. If the Board of Appeals deems it necessary or expedient so to do, it may set any application for hearing before a member of the Board of Appeals or representative thereof, and cause the notice of the time, place and purpose of the hearing to be given as the Board of Appeals may deem appropriate. Thereafter, the findings of the hearing shall be reported to the Board of Appeals for its consideration along with any other information before it. (1995 Code, § 4.32.050)

The Building Official, in granting a relocation permit, may impose thereon such terms and conditions as he or she may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure, so that the relocation of the building or structure will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which it is to be moved. The terms and conditions upon which each permit is granted shall be written upon the application or appended thereto in writing. (1995 Code, § 4.32.060)

The Building Official shall not issue a relocation permit, subject to terms and conditions, until the applicant posts or deposits security with the Building Official. The security shall be in the form of a surety bond, a cash deposit, an instrument of credit or negotiable bonds. If a surety bond is furnished, it shall be executed by the applicant, as principal, and by a surety company authorized to do business in this state, as surety. The surety bond shall be joint and several in form and shall name the city as obligee. The security furnished by the applicant, regardless of the form of the security, shall be in an amount equal to the estimated cost, plus 10% of the work required to be done in order to comply with all of the terms and conditions of the permit, the estimate to be made by the Building Official. (1995 Code, § 4.32.070)

No security need be posted or deposited if the Building Official finds that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a housemover. (1995 Code, § 4.32.080)

All security posted or deposited pursuant to this chapter shall secure the performance of the following duties by the permittee: (A) That all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official; and (B) 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. If no time limit is specified in the permit, the work shall be completed within 90 days after the date of the issuance of the permit. The time limit herein specified and the time limit specified in any permit issued may be extended for good and sufficient cause, either before or after the time period has expired, by a written order of the Building Official. (1995 Code, § 4.32.090)

Whenever the Building Official determines that a default has occurred in the performance of any term or condition of a relocation permit, he or she shall give written notice of the default to the permittee, and to the surety, if a surety bond has been posted, and to the financial institution issuing the instrument of credit if an instrument of credit has been posted. The notice of default shall state the work to be done, the estimated cost thereof and the period of time determined by the Building Official to be reasonably necessary for the completion of the work. If a surety bond has been pushed, the surety shall cause the required work to be performed within the time specified in the notice and, if the work is not performed, the Building Official shall cause the required work to be done by contract or otherwise, in his or her discretion, and the City Attorney shall commence the necessary legal proceedings to recover the cost of performing the work plus 10%. If the security is in the form of a cash deposit, an instrument of credit or negotiable bonds, and the permittee does not perform the required work within the time specified in the notice of default, the Building Official shall use the funds available from the security and cause the required work to be done by contract or otherwise, in his or her discretion. Upon completion of the work, the balance, if any, of the cash deposit or monies made available pursuant to an instrument of credit or negotiable bonds, after deducting therefrom the cost of performing the work, plus 10%, shall be returned to the permittee or his or her successors or assigns. (1995 Code, § 4.32.100)

In lieu of performing the work required in a relocation permit, a permittee may demolish the building, which is subject to the permit, and clean up the site to the satisfaction of the Building Official and, if there has been a default by the permittee, the surety shall have the same option.

(1995 Code, § 4.32.110)

Any surety bond or instrument of credit posted as security pursuant to this chapter shall remain in effect until the Building Official gives written notice to the interested parties that all of the terms and conditions of the relocation permit have been complied with. If security in the form of cash or negotiable bonds has been deposited, the Building Official shall return such security to the depositor or to his or her successors or assigns when all of the terms and conditions of the relocation permit have been complied with, except any portion of the security that has been used or deducted pursuant to the provisions of this chapter. (1995 Code, § 4.32.120)

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, the surety or any person employed or engaged in behalf of the surety, or the Building Official or any person employed or engaged on his or her behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure. It shall be unlawful for any 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 of the City of Tulare who is 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 of the permit. (1995 Code, § 4.32.130)

The applicant for a relocation permit shall pay to the Building Official a fee established from time to time by resolution of the City Council for the inspection of each building located within the city that is to be relocated. If the building or buildings to be relocated are situated outside of the city at the time of the inspection, the applicant shall pay to the Building Official a fee for the inspection of one building, and an additional fee for each additional building owned by the applicant which is inspected on the same day that the first building is inspected. (1995 Code, § 4.32.140)

Any person violating, or causing or permitting to be violated, any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this chapter is committed, continued or permitted. (1995 Code, § 4.32.150)