Walnut Municipal Code Art. III Relocation Permit

No person shall relocate any building or structure or any portion thereof upon any premises in the City without a relocation permit from the City Council, except as follows:

A. No relocation permit shall be required if the building or structure is to be moved to a place located outside the City or if the building or structure is to be used by a governmental agency for a governmental purpose.

B. No relocation permit shall be required if the building or structure is to be moved to a location for use as a temporary structure required during the course of construction work.

C. No relocation permit shall be required in order to relocate on the same lot an accessory building or structure not exceeding 600 square feet in area; provided, that the City Manager, after investigation, first finds, in writing, that such relocation will not be likely to cause detrimental effects upon adjacent property. A copy of such written finding shall be filed with the superintendent of building and safety.

D. No relocation permit shall be required for the placement of a structure temporarily on the premises of a legitimate house moving business where such temporary placement is for the purpose of resale of such structure. "Temporary placement" is defined to mean placement for a period not to exceed 90 days. No such temporary placement shall exceed 90 days unless an extension of time is granted by the City Council for good and sufficient cause.

No house mover’s permit shall be issued until the City Council has first issued to the owner of the premises to which the building is to be moved a permit to relocate the particular building structure or a portion thereof upon such premises. Such permit shall be referred to and be known as a relocation permit.

Every application to the City Council for a relocation permit required by Section 2.28.210 shall be in writing upon a form furnished by the City Clerk and shall set forth such information as the City Council may reasonably require in order to carry out the purposes of this article.

A. The application shall have attached thereto:

1. A statement of a licensed structural pest control contractor stating the condition of the property as to decay and pest infestation.

2. Photograph of the building.

3. Plot plan showing proposed location of building.

4. Plan of reconstruction.

B. Such application shall be filed with the City Clerk accompanied by an application fee of $250.00 for any main building or structure or any accessory building which has a gross floor area in excess of 600 square feet. For all applications covering only accessory buildings which have a gross floor area of less than 600 square feet the fee accompanying such application shall be $75.00. The application fee shall be in addition to the regular building permit fee required by the Building Code. For the purpose of this section the terms "main building or structure" and "accessory building" shall have the meaning ascribed to them by Title 6 of this code.

A. Upon the filing of the application referred to in Section 2.28.230, the City Clerk shall notify the secretary of the Planning Commission, who shall set the matter for public hearing before the Planning Commission. A copy of the application shall be referred to the Superintendent of Building and Safety for investigation of the building, and the Superintendent shall report the results of his or her investigation at the hearing. At least five days before the hearing the secretary of the Planning Commission shall cause notice thereof to be posted in a conspicuous place on the property to which it is proposed to move such building. Such notice shall be headed: NOTICE OF PROPOSED BUILDING RELOCATION, in letters not less than one inch in height and shall also state the time and place of the public hearing on the application for the relocation permit required in Section 2.28.220 of this chapter. It shall also contain a brief description of the structure to be moved. He or she shall also cause notice of the hearing to be mailed to the owners of all contiguous or cornering real property, including such real property on the opposite side of any public alley, and all real property situated along either side of each street upon which the property involved abuts and within 1,000 feet therefrom, and shall also cause notice of the hearing to be given by one publication in the official newspaper of the City at least five days prior to the hearing.

B. The Planning Commission shall report its findings to the City Clerk who shall then set the matter for public hearing before the City Council. Notice of such hearing shall be given by the City Clerk in the same manner described in the preceding paragraph.

A. No relocation permit shall be issued to relocate any building or structure which is so constructed or is in such condition as to be dangerous, which is infested with pests, which is unsanitary, which is unfit for human habitation, which is so dilapidated, defective, unsanitary, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the real property and improvements in the district within a radius of 1,000 feet from the proposed site. Nor shall such permit be granted if the proposed use of the building, when relocated, is prohibited by the zoning laws of the City or if the building is of a type prohibited at the proposed location by any section of this code or other ordinance. The building shall meet all the requirements of a new building and conform to the general construction, design, class, size and value of neighboring buildings.

B. If the building admits of practicable and effective repair, a permit to relocate may be granted upon such terms and conditions as the City Council may determine.

C. If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that repair or correction cannot practicably and effectively be made, the permit shall be denied.

A. The City Council may, in granting any relocation permit, impose thereon such terms and conditions as it 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 to the end that the relocation thereof will not be materially detrimental or injurious to public safety, public welfare or to the property and improvements or either in the district to which it is to be moved.

B. In order to determine any of the matter presented by the application for a relocation permit, the City Council may cause to be made any investigation it deems necessary.

A. Required—Amount. No relocation permit required by this chapter shall be issued by the City Clerk unless the applicant therefor shall first post with the City Clerk a bond executed by the owner of the premises where the building or structure is to be located, as principal, and a surety company authorized to do business in the State, as surety, and approved as to form by the City Attorney. The bond, which shall be in form joint and several, shall name the City as obligee and shall be in an amount equal to twice the cost of work required to be done in order to comply with all of the conditions of such relocation permit as such cost is estimated by the City Manager. In lieu of a surety bond the applicant may post a bond executed by the owners, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called a cash bond for the purposes of this article.

B. Conditions Generally. Every bond posted pursuant to this article shall be conditioned as follows:

1. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the City Council.

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 90 days after the date of the issuance by the superintendent of streets of the house mover’s permit provided for in this article. No structure to be relocated shall remain in the City for a period in excess of 90 days without being placed on foundation and connected to City water and sewer. The time limit herein specified, or the time limit specified in any permit, may be extended for good and sufficient cause by the City Council. No such extension of time shall be valid unless written and no such extension shall release any surety upon any bond.

C. Default in Performance of Conditions.

1. Whenever the superintendent of building and safety shall find that a default has occurred in the performance of any term or condition of any permit required in this chapter, written notice thereof shall be given to the principal and to the surety of the bond.

2. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the superintendent of building and safety to be reasonably necessary for the completion of such work.

3. 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 superintendent of building and safety the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 10% of the estimated cost. Upon the receipt of such money, the superintendent of building and safety shall proceed by such mode as he or she 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 therefor.

4. 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 superintendent of building and safety shall proceed without delay and without further notice or proceedings whatever to use the cash deposited, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the superintendent of building and safety. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his or her successors or assigns, after deducting the cost of the work plus 10% thereof.

5. 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 or structure and to clear, clean and restore the site. If the surety defaults, the superintendent of buildings shall have the same option.

6. 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 on its behalf, or the superintendent of building and safety or any person employed or engaged on his or her behalf, shall have the right to go upon the premises to complete the required work or to remove or to demolish the building or structure.

7. No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety or of the City engaged in the work of completing, demolishing or removing a building or structure for which a relocation permit has been issued after a default has occurred in the performance of the terms or conditions thereof.

D. Termination—Refund of Surplus Cash. The term of each bond posted pursuant to this article shall begin upon the date of the posting thereof, and shall end upon completion to the satisfaction of the Superintendent of Building and Safety and the City Council of the performance of all of the terms and conditions of the relocation permit required by this article. Such completion shall be evidenced by a statement thereof signed by the Superintendent of Building and Safety, approved by the City Council, 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 elsewhere in this article provided.