Chapter 15.22
MOVING BUILDINGS
Sections:
15.22.010 Definitions.
15.22.020 Permit – Required when.
15.22.030 Permit – Applications – Filing.
15.22.040 Application – Form and fees.
15.22.050 Application – Contents.
15.22.060 Application – Fee.
15.22.070 Application – Building official duties.
15.22.080 Application – Public hearing – Notice requirements.
15.22.090 Grant of permit – Planning Commission decision – Conditions.
15.22.100 Grant of permit – Building official decision – Conditions.
15.22.110 Permit – Fee payment and other conditions.
15.22.120 Appeal from denial of permit.
15.22.130 Bond required.
15.22.140 Completion of work.
15.22.150 Licensed building mover duties.
15.22.160 Use of rollers.
15.22.170 Truck tire restrictions.
15.22.180 Sidewalk protection.
15.22.010 Definitions.
For the purposes of this chapter, the following terms, phrases and words shall have the meanings respectively ascribed to them by this section:
A. “Building” means a structure built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, agricultural, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure containing less than 100 square feet of floor space shall not fall within this definition.
B. “Building official” means the building inspector of the City or his duly authorized deputy.
C. “Temporary structure” means any temporary sales office or construction shed necessary for the proper completion of a major construction project used or occupied on a parcel or tract of land for a period of time pending the completion of construction of such major construction on that parcel or tract of land. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.12. Formerly 15.60.010)
15.22.020 Permit – Required when.
A. No person shall move any building or part thereof over, along or across any highway, street or alley in the City, without first obtaining separate approval and a moving permit for each such building or part thereof moved separately.
B. Approval shall be first obtained from the planning department, with the exception that for those buildings which are to be moved to a site which is located more than 300 feet outside the City boundaries, or in the situation where the building is a temporary structure, the applicant shall first obtain approval from the building official.
C. The building official shall issue, following approval, permits which shall be in addition to and not in lieu of, any permit required by Chapters 10.04 through 10.40 LMC, LMC 12.04.030 and Chapters 12.08 and 12.16 LMC.
D. The owner of such building or part thereof shall cause the walls, ceilings and partitions thereof to be exposed so that the building official may make necessary inspections of its structural and, if any, mechanical condition. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.14. Formerly 15.60.020)
15.22.030 Permit – Applications – Filing.
A person seeking issuance of a moving permit or moving permits under this chapter shall file a verified application or applications for approval and such permit or permits with the planning department; except, where such building, buildings and parts thereof are to be moved to a site more than 300 feet outside of the City boundaries or in the situation where the building is a temporary structure, each application in these instances shall be filed with the building official. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.15. Formerly 15.60.030)
15.22.040 Application – Form and fees.
The application shall be made in writing upon forms provided by the Planning Commission, and where multiple moving permits are requested therein, each moving permit must indicate the same parcel or lot to which it is proposed that each building or part thereof is to be moved. Such application shall be accompanied by a posting and processing fee as established for zoning use permits and a building investigation fee in the amount of $100.00, which shall be in addition to any moving permit fee and deposit as provided in LMC 15.22.110(A) and (B). (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.15(a). Formerly 15.60.040)
15.22.050 Application – Contents.
The application shall set forth:
A. A description of the building, buildings and parts thereof proposed to be moved, giving street number, construction materials, dimensions, number of rooms and conditions of exterior and interior;
B. A legal description, including the lot, block and tract number, or street address, of the lot from which the building, buildings and parts thereof are to be moved;
C. A legal description, including lot, block and tract number, or street address, of the single lot to which it is proposed any such buildings, and parts thereof, are to be moved;
D. Two complete sets of plans and specifications of the building proposed to be moved;
E. Three complete copies of a dimensioned plot plan of the site in the City or within 300 feet of the boundaries of the City to which the building, buildings and parts thereof are to be moved, showing all existing and proposed structures, landscaped area, parking spaces, driveways, and prominent features;
F. The highways, streets and alleys over, along or across which the building, buildings and parts thereof are proposed to be moved;
G. Facts from which it can be ascertained that the building, buildings and parts thereof proposed to be moved are, or will be when constructed, comparable in size, quality, design and appearance of the buildings or structures in the area to which each is to be moved, if they are to be located in the City or outside the City within 300 feet of the City boundaries, or if they are temporary structures;
H. Facts from which it can be ascertained that the building, buildings and parts thereof will not be detrimental to nor diminish the value of property in the City within 300 feet of the site to which the building, buildings and parts thereof are to be moved, if to be located in the City or outside the City but within 300 feet of the City boundaries, or if they are temporary structures;
I. A complete statement of the estimated cost of the reconstruction of the building on the site to which it is to be moved, including any and all costs of enlargement or remodeling if such is to be done;
J. A statement of ownership of the building or authorization for applicant to move the building;
K. Any additional information which the planning director or building official or Planning Commission shall require. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.15(b). Formerly 15.60.050)
15.22.060 Application – Fee.
The application shall be accompanied by any posting and processing fee prescribed in LMC 15.22.040. (Ord. 1833 § 9, 2007; 1960 code § 6.15(c). Formerly 15.60.060)
15.22.070 Application – Building official duties.
A. Following receipt of an application for approval therefor to do and for a moving permit as provided in LMC 15.22.020 through 15.22.060, the building official shall examine the building or parts thereof to be moved and shall file with the Planning Commission prior to any hearing on the application, a report thereon which shall include, but not be limited to, the following:
1. A statement of all existing violations of the plumbing, heating and electrical codes of the City which must be corrected if the building or parts thereof are to be moved;
2. A statement of his opinion as to whether or not any such violations will be impossible to correct and whether or not the facts set forth in the application are true and correct, and if true and correct, whether or not the building when constructed and remodeled can be at least comparable in size, quality, design and appearance to the buildings within 300 feet of the site to which the building or parts thereof are to be moved;
3. A statement of any special or different building problems other than code violations involved in the reconstruction or remodeling of the building;
4. Photographs of the building or parts thereof to be moved and photographs of representative homes in the immediate area to which the building or parts thereof are to be moved;
5. A statement of the assessed value of the homes in the immediate area to which the building or parts thereof are to be moved.
B. For the purpose of subsections (A)(4) and (A)(5) of this section, the building official shall use as comparables not less than five homes, if such exist, in the area. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.15. Formerly 15.60.070)
15.22.080 Application – Public hearing – Notice requirements.
A. On each application for the issuance of approval and a permit or permits to move a building, buildings or parts thereof, other than a temporary sales office, construction shed or portable schoolroom for use of not more than two years, on city streets to any site within the City or within 300 feet of the City boundaries, a public hearing by the Planning Commission shall be held after the filing of the application for the issuance of such approval and moving permit or permits.
B. On each application for approval to move a building, buildings or parts thereof on city streets to a site more than 300 feet outside the City boundaries, or to move a temporary structure on city streets, the building official shall, upon approval, issue the permit, subject to all the provisions of this chapter, and a public hearing thereon is not a prerequisite to such action by the building official.
C. Notice of the required public hearing shall be given in accordance with Government Code Section 65090, et seq. Each such notice shall be headed by the words “Moving Notice” in letters not less than one inch in height. In addition thereto, each notice shall contain the location of the building, buildings and parts thereof by street and number, and address of the applicant desiring approval to move such, a brief description of the property to which it is proposed the same be moved, and the time and place at which the public hearing will be held. The Planning Commission shall cause notices to be posted for hearings to be held before it, by a person designated by it, and the city clerk shall cause notice to be posted for hearings to be held before the City Council. The person posting such notices shall file a certificate of such posting, together with a copy of such notice, with the city clerk.
D. Any defect or error appearing in any such notice shall not divest the Planning Commission or City Council of jurisdiction, nor invalidate any proceedings.
E. In addition to the posting of notices required to be posted above, the Planning Commission, at least five days prior to the hearings to be held before it, shall cause to be mailed, postage prepaid, a notice of the time and place of such hearing to all persons whose names and addresses appear on the latest adopted tax roll of the county or as known to the city clerk as owning property in the City within 300 feet from the exterior boundaries of the area to be occupied by the building, buildings or parts thereof to be moved and which are the subject of the hearing.
F. Unless the context of an applicable state law provides to the contrary, the failure to mail such notice to all of such persons shall not operate to divest the Planning Commission or the City Council of jurisdiction to conduct any hearing required to be held. The City Council hereby declares that the purpose of providing that such notice be mailed is to give the property owners within 300 feet information as to any proposed change or modification of the use of such property upon which the building, buildings or parts thereof are to be moved, and the City Council hereby declares that jurisdiction to conduct such hearing shall be obtained upon the posting of notices required in subsection C of this section. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.16. Formerly 15.60.080)
15.22.090 Grant of permit – Planning Commission decision – Conditions.
A. In order for the Planning Commission to grant any moving approval, the findings of the Planning Commission shall be:
1. That the proposal is consistent with and will not violate any law of the state or city ordinance, rule or regulation; and
2. That the building, buildings and parts thereof proposed to be moved, or, when moved and fully completed and constructed, shall be comparable in value, size, quality, design and appearance to buildings and structures in the City in the area of the site to which the same are to be moved; and
3. That it will not be materially detrimental to nor diminish the value of property or improvements in the area in the City within 300 feet of the site to which the building, buildings and parts thereof are to be moved; and
4. That the building, buildings and parts thereof can be safely moved with only reasonable inconvenience to traffic and the public.
B. The Planning Commission may designate such conditions in connection with each moving permit to be issued as it deems necessary to secure the purposes of this chapter and may require guarantees and evidence that such conditions will be complied with by the applicant.
C. The Planning Commission shall render its decision on any moving application within 35 days following close of the public hearing. Failure of the commission to render its decision within such period shall be final and conclusive, except in the event of an appeal as hereinafter provided. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.17. Formerly 15.60.090)
15.22.100 Grant of permit – Building official decision – Conditions.
A. In order for the building official to grant any moving approval, the findings of the building official shall be:
1. That the proposal is consistent with and will not violate any law of the state, or city ordinance, rule or regulation; and
2. That the building, buildings and parts thereof can be safely moved with only reasonable inconvenience to traffic and the public; and
3. That there is adequate assurance that the building, buildings and parts thereof shall be removed from the proposed parcel of property to which the applicant seeks to move same, and in accordance with a plan for removal or demolition in those instances in which the application for moving permit was filed with the building official upon grounds that the building to be moved is a temporary structure.
B. The building official may designate such conditions in connection with each moving permit as he deems necessary to secure the purposes of this chapter and may require guarantees and evidence that such conditions will be complied with by the applicant.
C. The building official shall render his decision on any moving application and inform the applicant thereof within 35 days of the receipt of the application. Failure of the building official to render his opinion and so inform the applicant within such period shall be deemed to be approval of the application. The granting of any moving permit, when conforming to the provisions of this section, is hereby declared to be an administrative function; the authority and responsibility for the performance thereof is imposed upon the building official, and the action thereon by the building official shall be final and conclusive, except in the event of a denial of the application, an appeal is authorized as hereinafter provided. (Ord. 1833 § 9, 2007; 1960 code § 6.17.1. Formerly 15.60.100)
15.22.110 Permit – Fee payment and other conditions.
Any permit issued under this chapter shall be subject to the following conditions:
A. Moving Permit Fee. A moving permit fee of $35.00 shall be paid by the applicant for each moving permit, and prior to the exercise of any rights thereunder. This permit fee is in addition to and not in lieu of any other fees prescribed in this chapter or of any other prescribed fees for permits involving remodeling or alteration of any building.
B. Deposit Permit Fee. No permit shall be used by any person unless there is previously placed on deposit with the Administrative Services Director the sum of $1,000, from which deposit there shall be deducted the sum of $1.00 for each hour or fraction thereof during which the building or portion thereof, moved separately, is being moved over any portion of a public street in excess of the first 24 hours, together with the cost of the service rendered by any employee of the City or by any company or corporation in protecting, trimming or cutting trees or removing and replacing wires or poles; and from which shall also be deducted such sums as will be necessary to cover any damage done to the property of any person along the route of the removal. Any dispute between the holder of a permit and the City as to the cost of any service rendered by any person or the amount of damage done to the property of any person shall be referred to the City Manager, building official and the City Attorney, and their decision shall be final.
C. Accordance with Law. The proposal is consistent with and will not violate any law of the state, or city ordinance, rule or regulation, and that the building at its destination will be brought into conformity with all applicable building laws and zoning ordinances.
D. Site to Be Cleared. Within 30 days of removal of a building, the site shall be cleared, and all garbage, trash, wood, concrete or other building materials removed therefrom. All septic tanks, pools, cellars or other excavations shall be filled with clean fill material and graded to original elevations.
E. Mover to Be Licensed by State. No building or part thereof shall be moved except by a building mover licensed by the state. (Ord. 2065 § 1(A), 2018; Ord. 1908 § 26, 2010; Ord. 1833 § 9, 2007; 1960 code § 6.17.3. Formerly 15.60.110)
15.22.120 Appeal from denial of permit.
A. In the case the applicant or others affected are not satisfied with the action of the Planning Commission or a denial of an application by the building official, they may, within seven calendar days after rendition thereon of a decision by the commission, or the date upon which the building official informed the applicant of his decision, appeal in writing to the City Council. The City Council on its own motion, made within seven days of the Planning Commission decision, may consider the action of the Planning Commission the same as if an appeal had been taken therefrom.
B. Such appeal shall be taken by the filing of a notice in writing to that effect with the city clerk, and when the appeal is taken by a person other than the original applicant, by the payment of an appeal fee set by resolution of the City Council. At its regular meeting held at least three days after the filing of such notice of appeal, the City Council shall set a date for hearing of such appeal, and the notice thereof shall be given to the applicant and to the Planning Commission or building official, as appropriate, and by posting as provided in LMC 15.22.080(C), (D) and (E). The secretary of the Planning Commission shall transmit to the City Council all maps, records, papers and files which constitute the record in the Planning Commission action from which an appeal was taken. When the appeal is from a decision of the building official, the building official shall transmit to the City Council all maps, records, papers and files which constitute the record in the action from which such appeal was taken.
C. The City Council shall render its decision within 45 days after the conclusion of such hearing, and the City Council in its decision may reverse, set aside, affirm, amend or modify the action of the Planning Commission or building official, or it may remand such matter to the Planning Commission or building official for further study or action. Failure of the Council to render its decision within such period shall be deemed to be an affirmance of the action of the Planning Commission and building official.
D. No moving permit shall be effective in any case until after the granting of such moving permit by the building official and after the period allowed for appeal, if any. In the event of an appeal, no such permit shall be effective until the matter has been finally acted upon by the City Council and such moving permit has been finally approved by the City Council. Each and every moving permit issued pursuant to this chapter shall conform to the terms and conditions of the moving permit granted and as prescribed in this chapter. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.17.2. Formerly 15.60.120)
15.22.130 Bond required.
The owner or lessee of the property upon which a building, or part thereof, is to be moved shall, before a permit is issued under the provisions of this chapter, agree to so complete such building, or part thereof, at its new location, and post a bond for each such building, or part thereof, with and suitable to the building official to assure such performance. Each of such bonds shall be in the amount of 120 percent of the cost of the reconstruction, remodeling and enlargement, if any, of the building to be moved, as such cost is estimated by the building official. (Ord. 1833 § 9, 2007; 1960 code § 6.17.8(b). Formerly 15.60.130)
15.22.140 Completion of work.
No owner or lessee of property upon which any building, or part thereof, is to be located shall move, or cause to be moved, such building or part thereof, unless the same shall be permanently placed, structurally completed and finished all in accordance with LMC 15.22.110(C) and any special condition of the particular moving permit, and within 90 days following the date such building, or part thereof, is moved to its new site. (Ord. 1833 § 9, 2007; 1960 code § 6.17.8(a). Formerly 15.60.140)
15.22.150 Licensed building mover duties.
The licensed building mover in charge of the moving of any building, or part thereof, on or over the streets of the City shall:
A. Notify the fire department of the City within one-half hour after sunset of the location of the building, or part thereof, and the route over which the building, or part thereof, is to be moved during the night;
B. Give 24 hours’ written notice to any person responsible for trimming trees, removing wires, or the doing of other things necessary to permit the moving of the building, or part thereof, over the route designated;
C. Maintain red lights at each corner of the building, or part thereof, from one-half hour after sunset until one-half hour before sunrise;
D. Provide the building official with evidence of applicant’s public liability and property damage insurance in such maximum amounts as the building official may prescribe, and provide the building official with such undertaking or other security as the building official, with the concurrence of the city engineer, may deem necessary to protect the streets and other public property from injury;
E. Give 24 hours’ written notice to the Chief of Police of the time of moving and the route over which such building, or part thereof, is to be moved. (Ord. 2065 § 1(A), 2018; Ord. 1833 § 9, 2007; 1960 code § 6.17.7. Formerly 15.60.150)
15.22.160 Use of rollers.
No building or part thereof shall be moved upon rollers unless planks are placed under such rollers of such width and in such manner as to protect the surface of the street from damage. (Ord. 1833 § 9, 2007; 1960 code § 6.17.4. Formerly 15.60.160)
15.22.170 Truck tire restrictions.
No building or part thereof shall be moved unless moved on rollers or upon a truck having wheels equipped with pneumatic or solid rubber tires. (Ord. 1833 § 9, 2007; 1960 code § 6.17.5. Formerly 15.60.170)
15.22.180 Sidewalk protection.
No person shall drive any wagon or other vehicle over, along or across any cement or other improved sidewalk or curb, unless planking is laid thereon in such manner as to protect such sidewalk or curb. No person shall remove any such planking except the person by or for whom it was laid, unless permission therefor is granted by the building official; provided, however, that the provisions of this section shall not apply to the driving of vehicles over sidewalks or curbs at places where cement or asphalt crossings are constructed across such sidewalks or curbs, or where expressly permitted by ordinance or by approval of the street superintendent. (Ord. 1833 § 9, 2007; 1960 code § 6.17.6. Formerly 15.60.180)