Woodlake Municipal Code Ch. 15.12 House Moving Permits

In this chapter, unless the context otherwise requires:

"Permit" means the written authorization of the public works department; "Structure" is a stationary object constructed of building material.

(Ord. 289 § 1, 1975)

No person may remove a structure from a location inside or outside the city to another location in the city without a permit to do so. No person may move a structure through the city without a permit to do so.

(Ord. 289 § 2, 1975)

A person who desires a permit shall apply to the director of public works on a form prescribed by the city. The applicant shall also file plans indicating the lot, block and parcel number or other description of the proposed location, together with colored photos of the building for which the permit is requested.

(Ord. 289 § 3, 1975)

The applicant shall pay a fee of twenty-five dollars ($25.00). The fee is due at the time of the application for a moving permit.

(Ord. 289 § 4, 1975)

When the application is filed, the public works director shall determine whether the proposed use complies with the zoning ordinance and, if he determines that it will, the following actions shall be taken:

A. Posting. When a relocation permit application is filed and the relocation permit fee paid to the director of public works, a public notice shall be given of the proposed building relocation by posting in front of the property under consideration and adjacent thereto, notice of intention to move, printed in plain type with letters of not less than one inch in height, followed by a statement in six or eight point type setting forth the fact that a relocation permit has been requested to move a building to the subject property, stating the present location of the building to be moved thereto and indicating the closing date by which protests must be filed with the public works director in writing by adjacent property owners, if they desire to protest the relocation and have the planning commission hold a hearing pertaining to the relocation. The moving notice shall also be posted on the front of the building to be moved and notices shall be posted not more than one hundred (100) feet apart upon the street that the subject property fronts for a distance of three hundred (300) feet in each direction. The time of posting shall be seven continuous days within which period written protests may be filed.

B. Protest Procedure. Protests against the moving of the building or structure shall be signed by two or more individual property owners from the surrounding area and filed with the director of public works within the dates prescribed by this chapter and indicate on the notice of intention to move.

Upon filing of a protest, the planning commission shall conduct a hearing at its next regular meeting at which time the applicants for relocation and the protestants against such relocation shall be heard. The planning commission shall approve or deny such relocation based upon testimony given at the public hearing and upon making the findings described in subsection C of this section below shall establish conditions as outlined in this chapter. The public works director shall thereafter issue or deny a relocation permit in accordance with conditions set forth by the planning commission.

C. Alternate Procedure. If no written protests are filed, the director of public works shall inspect the structure and examine the plans and specifications to determine if the building will upon completion conform to all applicable city ordinance. The director of public works shall also determine the cost of placing the building and finishing it according to plans and specifications and the amount determined shall be the amount required for the performance bond hereafter required.

D. Action by Planning Commission. The planning commission shall examine the plans and specifications, consider the recommendations of the public works director and all other evidence submitted to it. The commission may approve the permit only it finds that the following standards will be met:

1. Upon completion, the structure will be in architectural harmony with other properties in the vicinity.

2. The exterior design and appearance of the structure is not of an inferior quality such as to cause the nature of the neighborhood to depreciate in appearance or value, or both.

3. The building materials and the workmanship are of a quality equal to or greater than other structures in the vicinity.

4. The structure will be finished and the property landscaped in a manner which will not make the surrounding properties less desirable.

5. The applicant provides adequate and reasonable assurances that it will comply with ordinances and regulations of the city.

If the commission approves the application, it shall return it to the public works director. If the commission disapproves the application, the applicant may appeal the decision first to the city council by filing a notice of appeal with the public works director ten days after the date the applicant is notified of the planning commission's action.

(Ord. 289 § 5, 1975)

The applicant shall file with the city a performance bond in the amount determined by the director of public works to be the cost of placing and completing the building in accordance with the plans and specifications, as set forth in Section 15.12.050(A). The director of public works may require all or a portion of the bond to be in cash or guaranteed by approved sureties. The condition of the bond shall be that the applicant must place and complete the finishing of the building in accordance with the plans and specifications approved by the city within the time prescribed by the city.

(Ord. 289 § 6, 1975)

The director of public works shall issue the permit when:

A. The planning department and the director of public works have approved the application as provided in Section 15.12.050;

B. The applicant has posted the bond prescribed by Section 15.12.060.

(Ord. 289 § 7, 1975)

The director of public works may not issue a permit if the structure fails to conform with all applicable ordinances and regulations or if upon completion the structure will not be in architectural harmony with other properties in the vicinity, or if the applicant fails to comply with any ordinance or regulation of the city. If the city denies the application, it shall promptly notify the applicant of the denial. The applicant may appeal the denial to the city council by filing a notice of appeal setting forth the reasons for appeal within ten days from the date of receipt of notice of the denial of the application in the same manner as is prescribed in the zoning ordinance for the conduct of appeals in connection with zoning matters.

(Ord. 289 § 8, 1975)

The city may impose conditions to the granting of the permit which it finds necessary to assure compliance with the requirements of this ordinance and any other ordinance or regulation of the city.

(Ord. 289 § 9, 1975)

A permit which authorizes an applicant to move a structure through the city is good for a period of three working days from the date the structure enters the city limits. The applicant shall move the structure through the city within that three-day period. For good cause shown, the council may extend the period for moving the structure through the city.

(Ord. 289 § 10, 1975)

The applicant shall be responsible for notifying the police department and all affected public utilities not less than forty-eight hours prior to beginning a move within the city. Failure to make such notifications shall constitute grounds for revocation of a permit.

(Ord. 289 § 11, 1975)

The applicant shall complete all of the required alterations and improvements within ninety (90) days from the date the permit is issued. The director of public works may extend the time upon request of the applicant and proof that failure to complete the improvements or alterations way beyond applicant's control. If the applicant fails to complete the alterations or improvements within the time fixed by the city, the city may proceed against the sureties upon the performance bond or may complete the work using the cash bond furnished by the applicant.

(Ord. 289 § 12, 1975)

If the applicant of his surety fails to complete the alterations or improvements according to the terms of the permit for a period of one year from the date of the permit, the city may without further process summarily proceed to either complete the alteration and improvement or demolish the building. Any cost in excess of the amount provided by the surety is a charge against the applicant.

(Ord. 289 § 13, 1975)

The applicant will save, indemnify and hold harmless the city against all liabilities, judgments, costs and expenses which may in any way accrue against the city in consequence of such structure moving.

(Ord. 289 § 14, 1975)

A violation of this chapter is not punishable as an infraction or misdemeanor, a violation of this chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Chapter 1.12.110.

(Ord. 289 § 15, 1975)

(Ord. No. 641, § 2, 11-8-2021)