Chapter 16.40
MOVING BUILDINGS
Sections:
16.40.020 Building relocation application.
16.40.040 Application approval.
16.40.045 Approval limitation on building relocation application.
16.40.050 Posting “notice of intention to move.”
16.40.060 Denial of building moving permit.
16.40.070 Appeals – Forms and filing of appeal.
16.40.075 Appeal by applicant – Notice.
16.40.080 Appeal by person other than applicant – Notice.
16.40.100 Issuance of building moving permit.
16.40.110 Authority to issue building moving permit.
16.40.120 Liability insurance required.
16.40.130 House and building moving requirements – Flags, lights, etc.
16.40.150 Highway moving permit.
16.40.160 Highway moving permit limitations – Time.
16.40.010 Permit required.
No person shall move or cause to be relocated any building or structure across any public street or highway, or from one (1) property to another, or from one (1) location to another in the City, or from any city or county outside of the City, without first obtaining a moving permit through the procedures provided in this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.020 Building relocation application.
Application for building relocation shall be filed with the Building Official.
A. Contents of Application. The application shall specify the existing location of the building; size, and character of the building to be relocated; the proposed improvements or changes, if any; the proposed location; the property owner’s name and address; the intended use of the building; and two (2) complete sets of plans as required for the building moving permit with a completed building moving permit application and completed estimate sheet. The plot plan for the proposed location shall show location of the building indicating proposed setbacks of the building and size, location, and use of all existing buildings at the proposed location, and site developments. On commercial, industrial, or multifamily developments, the Building Official may accept preliminary plans.
B. Entry and Site Identification. The applicant shall arrange for entry of the buildings proposed to be relocated and provide a stake driven in the ground, protruding four (4' 0") feet above grade at the front and rear of the proposed location for posting and attached house numbers as provided by EGMC Section 16.40.050. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.030 Inspections.
Within five (5) business days of being notified by the applicant, the Building Official shall cause the inspection of the building to be relocated. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.040 Application approval.
After reviewing the application for building relocation and inspection of the building and proposed location, the Building Official shall give his approval in writing and so notify the property owner and applicant of the requirements imposed on his approval.
Upon said approval, the Building Official shall cause the building and the proposed location to be posted with an “intent to move” sign as provided in EGMC Section 16.40.050. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.045 Approval limitation on building relocation application.
Approval of building relocation application shall be limited to sixty (60) days from completion of posting period when no appeal is filed. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.050 Posting “notice of intention to move.”
When the building has been approved for relocation to a new site, the Building Official shall cause a “notice of intention to move” sign to be posted, on stakes, for five (5) business days from date of posting, with assigned house number, provided by the applicant, at the front and rear of the proposed site and on the front of the building proposed to be moved; such notice shall not be less than thirteen by nineteen (13" x 19") inches in size and shall set forth the character of the building to be moved, the present and proposed site of the building, and the date of posting.
Exception: Buildings being moved from outside the City of Elk Grove into the City of Elk Grove shall require a ten (10) day posting period in lieu of five (5) days.
A. The building shall not be moved from the location shown on the application for the duration of the required five (5) day posting period. If, for any reason, the posting period has been interrupted, the building and proposed site shall be re-posted for an additional five (5) days.
B. No building shall be temporarily relocated on present or other property for temporary storage purposes, except legal contractors’ storage yards, without having written approval of administrative authority having jurisdiction of the property used for this temporary storage. The administrative authority may require a surety bond, cash bond, or other means to ensure the removal of the building and may set a time limit as deemed necessary to protect the public and the City of Elk Grove.
C. No moving permit shall be issued nor the building moved from the existing location until the required posting and appeal period has elapsed.
D. Exemption from Posting. A building being relocated on existing property, when approved by the Building Official, may be exempted from the posting requirements. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.060 Denial of building moving permit.
The application for a building moving permit shall be denied when:
A. Any unlawful, dangerous, or defective condition of a building proposed to be moved is such that remedy or correction cannot effectively be made; or
B. The relocation of the building to the proposed site would cause appreciable damage to or be materially detrimental to the property or improvements in the district within the immediate vicinity of the proposed new location; or
C. The structure is of a type prohibited at the proposed location by law or regulation of the City.
The Building Official, or his assistants, shall inform the applicant of the denial in writing within ten (10) business days of the filing of the application. The denial shall set forth the reasons therefor, shall designate the applicable provisions of the law or regulations upon which the denial is predicated. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.070 Appeals – Forms and filing of appeal.
Any person who is dissatisfied with the decision of the Building Official may appeal pursuant to EGMC Chapter 1.11. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.075 Appeal by applicant – Notice.
In the case of an appeal by the applicant for the permit, the appeal must be filed within five (5) business days pursuant to EGMC Chapter 1.11 after the mailing of the notice of denial by the Building Official. Upon notice of appeal by the applicant, the Building Official shall cause a notice to be posted on stakes at the front and rear of the proposed location and on the front of the building proposed to be moved. Such notice shall be not less than thirteen by nineteen (13" x 19") inches in size and shall set forth the character of the building, and the date and place of the hearing of the appeal before the City Council. Such notice shall be posted at least five (5) days prior to the scheduled hearing. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.080 Appeal by person other than applicant – Notice.
In the case of an appeal by any person other than the applicant, the appeal must be filed pursuant to EGMC Chapter 1.11 within five (5) business days of the date of posting by the Building Official of the notice of intention to issue a building permit and moving permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.100 Issuance of building moving permit.
A. If a building moving permit is granted, it shall be granted under conditions which shall require the owner, or agent of the owner, of any building to be moved to comply with the provisions of all applicable State laws and local ordinances, to make such changes or repairs as may be necessary to comply therewith or to fill remaining basements or other subsequent openings on the property.
B. No building relocated in accordance with the provisions of this chapter shall be used or occupied or have utility services connected thereto until said necessary changes or repairs have been completed.
C. Any building relocated in another location shall be brought up to existing regulations of the Building, Plumbing, Mechanical, and Electric Codes. The Building Official may waive a specific requirement when the requirement met the City of Elk Grove building code in effect at the time it was built and does not cause a health or safety hazard.
D. Prior to the issuance of any building moving permit, the applicant for the moving permit must produce evidence indicating:
1. That he has sealed the sewer line at the site from which the building is being moved in a manner prescribed by the political subdivision having jurisdiction thereof; or
2. That he has properly destroyed the septic tank system in accordance with the County Health Department requirements.
E. The Building Official shall require the owner or agent to deposit a certificate of deposit or a surety bond with the City to ensure compliance with the conditions imposed on the building moving permit. The surety bond must be issued by a corporate surety authorized to do business in the State of California and shall be filed in the form prescribed by the Building Official and subject to his or her approval. The amount of the bond shall be set at the discretion of the Building Official. At the time of filing the certificate of deposit, or surety bond with the City, the property owner must also execute and file a statement in substantially the following language:
I, _______________, the applicant and property owner, hereby promise to comply with the conditions imposed on the building permit No. _______. By way of guarantee that this work will be done, I/we herewith deposit with the City a (certificate of deposit, or surety bond) in the sum of $_________ and agree that in the event these conditions are not fulfilled within one hundred eighty (180) days hereafter, the City may use said certificate of deposit, or forfeit the surety bond and apply the proceeds either to cause said conditions to be fulfilled or to demolish the building which was under the authority of said building permit.
F. The condition(s) imposed upon the issuance of the building moving permit for a moved building shall be met within one hundred eighty (180) days. Noncompliance of this requirement shall give cause to forfeit the certificate of deposit or surety bond and to abate as a public nuisance.
G. Building Relocation Application Fee. The applicant shall pay a relocation application fee for each application at the time of issuance. The fee for each permit shall be that fee prescribed in EGMC Chapter 16.90.
H. Fee Refund. No refund shall be made where an inspection is made as required by EGMC Section 16.40.030. The Building Official may authorize the refunding of not more than eighty (80%) percent of the application fee when no inspection was made as required by EGMC Section 16.40.030. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days from the date of fee payment.
I. Exemption from Building Relocation Application Fee.
1. Buildings that are being moved from within the City of Elk Grove to locations outside the City.
2. Buildings or portions of buildings being moved to or through the City that are approved manufactured buildings.
3. Incidental accessory structures of one hundred twenty-five (125 ft2) square feet or less which will not be used for human habitation.
4. Buildings being moved to a storage yard approved by the Zoning Code for storage purposes. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.110 Authority to issue building moving permit.
In the event the decision of the Building Official to grant the building moving permit is not appealed within the five (5) day posting period specified in EGMC Section 16.40.050, and the building proposed to be moved will not come within the scope of the conditions prohibited by EGMC Section 16.40.060, and the applicant has complied with all other applicable requirements of this chapter, the Building Official shall issue the building moving permit.
In the event an appeal has been filed, the Building Official shall issue or deny the permit, pursuant to the terms of the final decision of the City Council and the other applicable provisions of this section. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.120 Liability insurance required.
No moving permit shall be issued under the provisions of this chapter unless the permittee shall have first taken out and agreed to maintain at all times public liability insurance in an amount not less than One Hundred Thousand and no/100ths ($100,000.00) Dollars for injuries, including wrongful death, to any one (1) person, and subject to the limit for each person, in an amount not less than Two Hundred Thousand and no/100ths ($200,000.00) Dollars on account of one (1) accident, and unless also he shall take out and agree to maintain at all times property damage insurance in an amount not less than Five Thousand and no/100ths ($5,000.00) Dollars. Such insurance shall name the City as an insured, and a certificate of insurance shall be filed with the City Manager or his or her designee. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.130 House and building moving requirements – Flags, lights, etc.
Red lights at each corner of the building shall be maintained by the mover from one-half (0.5) hour after sunset until one-half (0.5) hour before sunrise.
A. Notice of Emergency Service. Any person moving a building on any City road shall notify the City Public Works Department, immediately before and after the movement.
B. Authorized Moving Hours. Movement of buildings on any City road shall be prohibited between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m.
C. No building shall be moved into the Cosumnes Community Services District without first giving notice to the Cosumnes Community Services District into which the building is to be moved. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.140 Approval of house and building moving equipment and apparatus and route by Public Works Director – Bond required.
The Public Works Director, or his or her assistants, may, in their discretion, inspect all rollers, trucks, wheels, dollies, tractors, or other apparatus proposed to be used in the moving operation, and shall restrict the use of such apparatus to that which, in their judgment, will not cause injury to highways, bridges, or other property. The Public Works Director and his or her assistants may also require reasonable changes in the route proposed, even though the route required may be longer than the one proposed, and also require an applicant or his agent to file a surety bond issued by a corporate surety authorized to do business in the State of California, in such amount of Five Thousand and no/100ths ($5,000.00) Dollars or a certificate of insurance in the amount of Ten Thousand and no/100ths ($10,000.00) Dollars with an oversize, overweight endorsement to guarantee the restoration and repair of City roads damaged by moving equipment and apparatus, in accordance with applicable City standards. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.150 Highway moving permit.
When a building permit has been granted by the Building Official and all provisions of this chapter and other regulations and/or requirements for issuing a building permit for the building have been fulfilled, the Public Works Director shall issue a highway moving permit. The applicant shall pay an additional fee for this permit. The permit fee shall be Thirty and no/100ths ($30.00) Dollars.
Buildings that are being moved from outside the City or from within the City to terminate in a city other than the City of Elk Grove that qualify for exemption of the building relocation application fee as provided by EGMC Section 16.40.050(D) and are required to use City roads or highways shall be required to pay the Thirty and no/100ths ($30.00) Dollar fee for a moving permit.
A. Fee for Additional Buildings. The fee for additional buildings or portions of any severed buildings moved at the same time to the same locations as provided herein shall be Ten and no/100ths ($10.00) Dollars.
B. Exemption from Highway Moving Permit. The highway moving permit fee (and fee for additional buildings) shall not be required in the following instances:
1. If the building is being moved from one (1) location to another location and no public road is to be used;
2. Buildings and/or sections of buildings being moved to or through the City that are approved manufactured buildings.
C. The exemption to a highway moving permit does not exempt the buildings in EGMC Section 16.40.020 from the required wide load highway permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.160 Highway moving permit limitations – Time.
Permission to move any building under any moving permit shall expire sixty (60) days after issuance, except that the Public Works Director may extend the expiration time an additional sixty (60) days.
A. Transfer. Permits issued under this chapter shall not be transferred by the holder thereof to any other person. All movements of buildings authorized by the moving permit shall be made under the control and supervision of the grantee of the permit.
B. Refunds. No fees required by this chapter shall be refunded if the moving of a building authorized by the moving permit is not made. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.40.170 Public nuisance.
Any building moved contrary to any of the provisions of this chapter is unlawful and a public nuisance, and the Building Official shall commence action or proceedings for the abatement and removal and enjoinment thereof in a manner provided in this chapter. The remedies provided herein shall be cumulative and not exclusive. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]