Chapter 15.12
RELOCATION OF BUILDINGS OR STRUCTURES WITHIN CITY
Sections:
15.12.020 Application requirement.
15.12.030 Prerequisites to issuance of permit.
15.12.040 Requirements of buildings or structures.
15.12.010 In general.
Any building or structure that is to be moved from any location, within or without the City, to a fixed location within the City of Lake Elsinore shall comply with the following requirements whether or not said building or structure is moved over any City streets. These provisions apply even where a building or structure is relocated upon the same parcel of property. The permit provisions of this chapter shall not apply to newly fabricated modular housing units as defined in the California Factory-Built Housing Law, Division 13, Part 6, commencing with Section 19960 of California Health and Safety Code. Notwithstanding said exemption, all other codes and ordinances shall apply to aid units to the extent applicable.
Except as hereinafter provided, no person shall relocate any building, structure or portion thereof upon any premises, or upon the same premises, within the City without having first secured a relocation permit from the Building Department.
Exceptions:
A. If the building or structure is to be moved to a place located outside the limits of the City.
B. 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. If any accessory building or structure not exceeding 200 square feet in area is being relocated.
The foregoing exceptions apply only to a relocation permit. All relocations, whether within one or more of the above exceptions or not, shall be required to have a building, plumbing, electrical, or other applicable permits for such a building or structure. [Ord. 804 § 2, 1987].
15.12.020 Application requirement.
An application shall be made to the City of Lake Elsinore Building Department upon forms furnished for same and shall set forth such information as may reasonably be required to carry out the purpose of this chapter. Every building or structure to be relocated shall require a separate application. Every building or structure to be relocated shall comply with all provisions of the zoning ordinance of the City. [Ord. 804 § 2, 1987].
15.12.030 Prerequisites to issuance of permit.
Before the Building Department may approve an application for a relocation permit the Planning Department shall make the following determinations:
A. That the building is in reasonable conformity with the architectural style and meets or exceeds the quality of existing buildings within the area in which it is proposed to be moved;
B. That the proposed building shall not be less in value when moved and remodeled than the fair market value of the highest one-third of the buildings within the immediate area. The immediate area shall be determined by the Planning Department, but in no instance shall be less than 500 feet from the exterior boundary of the proposed site on which a building is to be moved;
C. That the proposed relocation will in no way be detrimental to surrounding property or the living environment;
D. That the proposed location will comply with lot area, required yard setbacks, and all other provisions of the zoning ordinance of the City;
E. That all dedication and improvements required for streets and alleys including sidewalks, curbs, gutters, street trees, streetlights, and off-site water supply necessary for the property upon which the structure is to be located are provided in conformity with the standard of the City;
F. Compliance with bond or insurance requirements as herein set forth;
G. Preliminary inspection is done by the Building Department. [Ord. 804 § 2, 1987].
15.12.040 Requirements of buildings or structures.
No relocation permit shall be issued to relocate any building or structure upon a building site within the City which does not comply with the following:
A. The building or structure is structurally sound and conforms to applicable provisions of the Uniform Building Code as adopted and amended.
B. The building/structure is free of pests.
C. The building/structure substantially conforms to like improvements within a radius of 1,000 feet from the proposed building site.
D. The building/structure complies with the zoning laws applicable to the area of the proposed building site.
E. The anticipated use of said building/structure complies with the land use regulations applicable to the area of the proposed building site.
If said building/structure is in a state of disrepair where presently located, the Chief Building Official shall make a determination if same can be practicably and effectively repaired to comply with the requirements herein, then a permit to relocate may be granted upon such terms and conditions as he, or the Planning Department, may require.
No relocation permit shall be issued by the Building Department until the owner causes an inspection of the building or structure to be made by a licensed structural pest control contractor and until the findings of such inspection are submitted to the Chief Building Official. If the report requires extermination or structural repairs, the Building Department shall not issue a relocation permit until the structural repairs or extermination necessitated by the findings of the inspection are made and a statement from the licensed pest control contractor attesting to such extermination or structural repairs is submitted to the Chief Building Official. [Ord. 804 § 2, 1987].
15.12.050 Moved buildings.
Prior to occupancy, any building moved pursuant to this chapter shall be brought up to the standards of the building code of the City and other applicable ordinances for a new building and shall be painted, refurbished and maintained at the standard. [Ord. 804 § 2, 1987].
15.12.060 Bond requirements.
Prior to issuance of any relocation permit the applicant shall post a bond, by a surety company authorized to do business in this State and acceptable to the City, or a cash deposit for the purpose of assuring the following:
A. A completion bond for building construction determined necessary to comply with the provisions herein.
B. A time limitation for completion of said relocation within 90 days after issuance of a housemover’s permit, unless otherwise extended for good and sufficient cause by the Building Department.
C. Said bond or deposit shall consist of a sum or sums sufficient to cover the costs of completing the relocation of the subject building or structure, the on-site and off-site improvements and all conditions imposed as determined by the Building Official, plus reasonable administrative costs not to exceed 15 percent of the total or $1,000 minimum, whichever is greater. In no event shall the principal sum of said bond or deposit be less than $1,000.
D. The surety on said bond or cash deposit shall not be released until said relocation has been completed in full to the satisfaction of the Community Development Director or his designee and expressed in writing. [Amended during 2008 recodification; Ord. 804 § 2, 1987].
15.12.070 Fees.
To be set by a resolution of the City Council. [Ord. 804 § 2, 1987].
15.12.080 Termination.
A. When the project has been completed as herein set forth the City shall exonerate the surety thereon or refund the excess of cash deposit received, less any sums determined to be due to the City hereunder, including administrative costs. In the event that said sums are insufficient to cover said costs the amount due shall be a debt to the City and collectible as provided by law.
B. Whenever it is determined by the City that a default has occurred in the performance of any term or condition required in this chapter, written notice shall be given to the permittee, principal on the bond and surety of same with request to comply, within a certain time or have the City complete or cause to have completed the work undone. If the permittee, surety or other responsible persons fail to act within said time the City shall complete, or cause to have said work completed, or abate the condition as a nuisance at City’s option. All costs incurred by the City in so acting, including said administrative costs, shall be and are hereby declared to be a lien on the real property upon which said building or structure has been relocated and enforceable and collectible as provided by law. [Ord. 804 § 2, 1987].