Chapter 15.100
MOVING OF BUILDINGS
Sections:
15.100.010 Permit required; definitions.
15.100.020 Application requirements.
15.100.030 Processing of applications; bond and insurance.
15.100.050 Time limit for completing alterations and improvements.
15.100.060 Street improvements at new site.
15.100.070 Requirements for movers; standards for moving.
15.100.080 Clearing of old site.
15.100.090 Legal lot required.
Cross references: Buildings and building regulations, Ch. 18.
15.100.010 Permit required; definitions.
(a) Permit required. It shall be unlawful for any person to move, or cause to be moved, any building upon any lot, piece, or parcel of land located within the city and which is to be permanently affixed to the land without first having obtained permits as provided in this article.
(b) Definitions.
Building. Any structure or shed that is more than ten feet in length or more than eight feet in width.
(Code 1965, § 7300; Code 2002, § 90-311. Ord. No. 806; Ord. No. 97-1)
Cross references: Definitions generally, § 1.05.100.
15.100.020 Application requirements.
Every application for a permit to move a building shall be:
(1) Made on forms provided by the Planning Division;
(2) Accompanied by plans and specifications in such detail as the Building Official and Chief of Planning may require, indicating thereon the location of the property upon which the building is to be moved, the exact location on that property to be occupied by the building to be moved, and any additions, alterations, and remodeling to be done to the building and the estimated cost thereof, and the site improvements planned for the property and their estimated costs;
(3) Accompanied by a nonrefundable fee in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, which fee shall be in addition to any required fees for encroachment, building, electrical, plumbing, or other construction permits.
(Code 1965, § 7302; Code 2002, § 90-312. Ord. No. 806; Ord. No. 97-1; Ord. No. 1184)
15.100.030 Processing of applications; bond and insurance.
Every application for a permit to move a building shall be processed as follows:
(1) The Planning Division shall determine whether the proposed move will conform to General Plan, zoning, and other planning regulations; and refer plans to the City Engineer for review of grading, utilities, and frontage improvements;
(2) If there is any defect in the application materials submitted to the city, the project sponsor shall have 30 days from receipt of written notice from the city to remedy said defects. If said defects are not remedied within said 30 days, the city shall deny the application;
(3) The Chief of Planning shall approve, conditionally approve, or deny the application without benefit of a hearing. However, if deemed appropriate by the Chief of Planning and in accordance with Chapter 18.25 CDC, a hearing may be required. Conditions may address issues such as the timing and route of the move plus building and site improvements. The Chief of Planning shall determine, among other things, whether the building will, when moved onto the desired land, be architecturally compatible with the neighborhood, conducive to good development on nearby land, and in the public interest;
(4) The project sponsor shall, after approval of plans and specifications, post with the city a performance bond in the amount determined by the Building Official, said bond to be written by a corporate surety company licensed to do business in the state; the bond shall name the City of Concord as obligee and the condition of the bond shall be that the holder of the permit will place and complete the building and construct the site improvements according to the approved plans and specifications and within the time limits specified in this article. If the site from which the building is to be moved is located within the city, then such surety bond shall guarantee that the said site shall be cleared as provided for in section 15.100.080 herein;
(5) No permit shall be granted by the Building Division unless the project sponsor files with the city proof of liability insurance in a minimum amount of $1,000,000.00 per occurrence and 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 with the state and shall be acceptable to the City Attorney. Such policy shall not be cancellable without a minimum ten days’ written notice to the city of intention to cancel.
(Code 1965, § 7303; Code 2002, § 90-313. Ord. No. 806; Ord. No. 97-1)
15.100.040 Appeal.
Any person affected by the action of the Chief of Planning in granting or denying the permit may appeal to the Planning Commission. Actions of the Planning Commission may be appealed to the City Council. Said appeal shall be in accordance with section 2.05.040 of this Code.
(Code 1965, § 7304; Code 2002, § 90-314. Ord. No. 845; Ord. No. 97-1)
15.100.050 Time limit for completing alterations and improvements.
In order to prevent moved buildings from remaining incomplete for indefinite periods of time, the following time schedule shall apply to the moving of buildings:
(1) All required alterations and improvements to buildings and sites, as shown on the approved plans and specifications, shall be completed within 120 calendar days after issuance of the building permit;
(2) This time may be extended for not to exceed an additional 60 calendar days by the Building Official upon submission of written proof by the project sponsor that conditions beyond the sponsor’s control make it impossible to complete the required alterations and improvements within the first 120 calendar days;
(3) Where the project sponsor moves a building and fails to complete the required alterations and improvements within 120 calendar days or any extension thereof after issuance of the building permits, the Building Official shall take such action against the principal and surety on the performance bond as is necessary to accomplish completion of the required alterations and improvements;
(4) If the project sponsor and the surety have failed to place and complete the building and construct site improvements according to the approved plans and specifications within one year of the date of issuance of the permit from the Chief of Planning, the Building Official may summarily, without further process, abate the said building by completion according to the plans or by demolition, the cost of which shall be a charge upon the project sponsor and the project sponsor’s surety.
(Code 1965, § 7305; Code 2002, § 90-315. Ord. No. 806; Ord. No. 97-1)
15.100.060 Street improvements at new site.
Unless otherwise approved by the Chief of Planning, all properties upon which buildings are to be moved must have concrete curb and gutter and concrete sidewalk along the street frontages of the property; or such curb, gutter, and sidewalk must be shown on the approved plans and specifications and constructed along with other site improvements as specified in this article.
(Code 1965, § 7308; Code 2002, § 90-316. Ord. No. 806; Ord. No. 97-1)
15.100.070 Requirements for movers; standards for moving.
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) Insurance. 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 § 16500.5. Any insurance policy secured by the mover to meet the requirements of this section shall name the city as an additional insured.
a. The city may impose a requirement of 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.
b. That the mover will comply with all applicable laws and ordinances, in particular requirements for street encroachment as provided for in Chapter 12.15;
1. 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;
2. 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.
(2) Route and timing of move. Notice of the proposed route to be followed by the project sponsor must be given to the Chief of Police at least 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.
(3) Police escort; protection of public utilities. Should the moving of any building described herein block the normal flow of traffic, a police escort will be required. The project sponsor will be responsible for all city personnel costs. Should the moving of any building described herein require interference with any public utility structure, the project sponsor 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 project sponsor shall indemnify a public utility against any and all damages or charges that are a direct and proximate cost and indemnify a 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 as herein described.
(4) Time limit for leaving building on dollies. 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 30 calendar days, unless written approval is first secured from the Building Official extending such time.
(Code 1965, § 7309; Code 2002, § 90-317. Ord. No. 806; Ord. No. 97-1; Ord. No. 92-12)
15.100.080 Clearing of old site.
After removal of any building from property located within the city, the landowner shall fill with dirt, sand, or small rock all openings and excavations on the property, including cesspools and septic tanks, and shall further remove all refuse, debris, old foundations, walls, slabs, waste material, and other impediments located on the property. If the property from which any building is moved is located within the city, site clearance shall be guaranteed by the surety bond provided for in section 15.100.030(4) herein.
(Code 1965, § 7310; Code 2002, § 90-318. Ord. No. 806; Ord. No. 97-1)
15.100.090 Legal lot required.
If the land upon which the building is to be moved is not a legal lot of record, then the project sponsor must first abide by the Subdivision Map Act and the city Subdivision Ordinance to create a legal lot of record. No building shall be moved to land which is not a legal lot of record.
(Code 1965, § 7311; Code 2002, § 90-319. Ord. No. 806; Ord. No. 97-1)