Chapter 15.70 — BUILDING MOVING

For the purposes of this chapter certain words and phrases are defined, as set out in this section, unless it is apparent from the context that a different meaning is intended.

"Building official" means and includes the person whose duty it is to inspect buildings and issue building permits on behalf of the City.

"Buildings" means and includes any house, dwelling, building or structure, or any section or portion thereof.

"House mover" means and includes any person who carries on, conducts, or engages in the business of moving or transporting buildings for compensation, or any person who moves or transports any building, over, upon, or along any street, alley, or public place in the City. (Ord. 371-91 § 1, 1991)

Before any existing building, house or structure of any type whatsoever may be moved from outside the City limits, or from one location within the City to another location within the City limits, an application for such moving shall be made to the Chief Building Official of the City. (Ord. 371-91 § 1, 1991)

• A. Whenever an existing building, house or structure is moved from its present location outside the City to a new location within the City, or from one location within the City to another location within the City, the house mover or other person, firm or corporation moving a house, building or structure shall, prior to moving, file an application for a moving permit with the City Building Official, said application shall contain the following information:

  1. Present location of building to be moved;

  2. Location to which it is proposed to move the building;

  3. Route proposed to be followed in moving the building;

  4. Detailed plans and specifications which shall include and indicate all exterior alterations, decorating, additions and repairs, together with such other plans and plats that may be required by any other ordinance of the City;

  5. Alterations, if any, proposed to be made in the interior of the building;

  6. Two sets of eight-by-ten photographs clearly showing the front, side and rear of the building or structure before moving;

  7. Height on dollies, width and length of buildings;

  8. A statement attached to the application by a qualified specialty contractor, currently licensed by the State to perform such work, to the effect that such building is free from serious rot or fungus, termites or similar defects.

• B. Any application for a permit to move any building, house or structure may be denied by the Building Department if, in the opinion of the Building Department, the building, house or structure cannot be fully altered or rehabilitated to conform to the laws and ordinances of the City and the State, i.e., Titles 24 and 25, the most current adopted building, plumbing, mechanical, electrical and fire codes and all amendments.

• (Ord. 371-91 § 1, 1991)

• A. In making its determination the Building Department shall consider, but not be limited to the following factors:

  1. The structure's proposed uses comply in all respects with the zoning laws of the City;

  2. The structure shall not be in a dilapidated, obsolete or deteriorated condition which in any manner may result in or tend to lessen the economic values of other properties or be detrimental to the neighborhood in which such structure is to be moved;

  3. The structure must be generally similar in type to structures in the general area to which is it to be moved;

  4. Relocation of the structure will not be materially detrimental or injurious to the public health or to public welfare or to the property improvements in the district to which it is to be moved.

• B. Upon receipt of said application for the moving of such building, house or structure, the Building Department shall cause an inspection to be made of said building, house or structure, and a report of said inspection shall be filed with the Building Department. No building, house, or structure shall be moved from outside the City to within the City, or from one location within the City to another location within the City, without the express permission of the Building Department of the City.

• C. If permission is granted, applicant shall receive a written permit to move the building, house or structure to within the City limits, or from one location within the City to another location within the City; said permit shall state the time limits within which the building is to be moved and the place where it is to be permanently located. The City Building Official of the City shall issue said permit.

• D. The decision of the Building Department may be appealed to the City Council within ten days of the Building Department Official's action. Such appeal shall be made in a form prescribed by the Chief Building Official.

• (Ord. 371-91 § 1, 1991)

All buildings, houses or structures moved into the City, or from one location to another location within the City, shall conform to all regulations, including zoning ordinances of the City in which they are to be located and they shall be made to conform to this ordinance. (Ord. 371-91 § 1, 1991)

A nonrefundable fee shall accompany each application, which fee is to recompense the City for the expense involved in the inspection. The amount of said fee shall be as established by the City Council by resolution.

(Ord. 371-91 § 1, 1991)

Every permit to move any such building shall provide that all work of moving, relocation, remodeling, completion and decoration of such building complete and ready for use and according to the plans and specifications required by Section 15.70.030 shall be accomplished and completed within ninety days from the date of such permit. Every person, firm or corporation who shall apply for such permit shall deliver to the City a good and sufficient surety company bond or cash deposit in a sum equal to twenty percent of the value of the finished project, the condition of which bond shall be that the holder of the permit will place and complete the structure according to the plans and specifications or demolish and remove same from the premises. The bond or cash shall be forfeited in case such building is not completed and ready for occupancy according to such plans and specifications and requirements within such period. (Ord. 371-91 § 1, 1991)

Before any building, house or structure is moved through the City or from within the City to outside the City, the house mover shall obtain a moving permit from the City Building Official for each separate structure or portion of a structure. A fee in an amount established by the City Council by resolution shall be charged for each moving permit, which fee is to recompense the City for the expense involved in the administration and processing of said moving permit. (Ord. 371-91 § 1, 1991)

Any house mover or other person who moves or transports any building or structure along any street, alley or public place in the City shall deposit with the City Building Official a good and sufficient bond or equivalent security in the sum equal to twenty percent of the value of the finished project for each moving job. All bond forms shall be approved by the City Attorney. (Ord. 371-91 § 1, 1991)

After removal of any building or structure from a parcel of land in the City, the house mover shall comply with the following conditions with respect to such parcel:

• A. Immediately upon removal of said building, securely cap and seal all gas, water and oil pipes disconnected from the building;

• B. Securely seal all sewer and other sanitary facilities remaining on the land;

• C. Fill with dirt, sand or small rock, all openings and excavations in the land, including cesspools and septic tanks shall meet the requirements of the Alameda County Health Department;

• D. Remove therefrom all refuse, debris, old foundations, walls, slabs, waste material and other impediments;

• E. Within ten days after such removal a letter shall be filed by the house mover with the City Building Official, certifying that all of the provisions of Section 15.70.170 of this chapter have been complied with.

• (Ord. 371-91 § 1, 1991)

The City Engineer of the City shall have the right to inspect all rollers, trucks, wheels, dollies, tractors or other apparatus proposed to be used in the moving operations; and he or she shall be the sole judge as to the adequacy of such equipment and may required the use of such apparatus as in his or her judgment will not cause injury to streets or pavements. Any permit issued under this chapter shall stipulate that all equipment used in moving operations shall be subject to the approval of the City Engineer.

(Ord. 371-91 § 1, 1991)

Any house mover or other such person, firm or corporation moving any house, building, structure or portion thereof within the City or through the City, shall first check the travel route and time of travel with the Union City Police Department. (Ord. 371-91 § 1, 1991)

No house mover shall interfere in any manner whatsoever with any property of any public utility, notwithstanding anything in the permit granted by the City Building Official. (Ord. 371-91 § 1, 1991)

In case of damage to any street or other City property by reason of the moving of any building or structure, or section or portion thereof, the Public works Department shall do such work as may be necessary to restore the street or other City property to as good as a condition as the same was in prior to such damage, and shall charge the cost thereof to the house mover to whom the permit was issued for the moving of such building, or structure, or section or portion thereof. Such damages as occur may be recovered from the surety bond or security required by Section 15.70.090.

(Ord. 371-91 § 1, 1991)

The provisions of Sections 15.70.030(A)(8) and 15.70.050 shall not apply where the relocation involved is that of moving such building to a site outside of the City limits or moving a building through the City.

(Ord. 371-91 § 1, 1991)

Any failure to comply with the provisions of Section 15.70.100 of this chapter is declared to be a public nuisance. The City Building Official is authorized to summarily abate said nuisance by causing said requirements to be complied with and said abatement by the City shall be at the expense of the person or persons creating, causing, committing or maintaining it. The expense of the abatement of said nuisance by the City may be recovered from the surety bond or security required by Section 15.70.090 and in addition shall be a lien against the property on which said nuisance is maintained and a personal obligation of the property owner. (Ord. 371-91 § 1, 1991)

All moneys received under the provisions of this chapter shall be paid into the City Treasury and credited to the General Fund.

(Ord. 371-91 § 1, 1991)