11-16
RELOCATION PERMIT.

11-16.1 Required.

No person shall relocate any building or structure, for which a building permit would otherwise be required for its initial construction pursuant to the provisions of the Building Code adopted in this chapter without first obtaining a permit as prescribed in this section. Such permit shall be referred to as a “relocation permit.” (Code 1972 §8-43)

11-16.2 Requirements for Other Permits Not Affected.

Nothing in this section shall be deemed to have repealed or amended any section pertaining to building permits of the Building Code adopted in this chapter, except that the “housemover’s permit” referred to in this chapter, the permit required by this section, permit as pertaining to the moving of a building as referred to in the Building Code adopted in this chapter may, in the discretion of the Building Official, be combined in a single permit. (Code 1972 §8-44)

11-16.3 Application.

The Building Official shall prepare appropriate forms for application for a permit required by this section and shall make them available to the public. Each application shall be submitted to the Building Department in writing and shall set forth such information as may reasonably require the Department to carry out the purpose of this section. (Code 1972 §8-45)

11-16.4 Fees.

At the time of making application for a relocation permit the applicant shall pay a processing and filing fee in an amount established by resolution of the City Council which fee shall not be refundable. Prior to issuance of the relocation permit the applicant shall pay a fee determined in accordance with the City Master Fee Schedule. (Ord. #712, §6; Code 1961, §8.31; Code 1972 §8-46; Ord. #1140, §17)

11-16.5 Action on Application.

a.    Upon the filing of an application for a permit required by this section, plus the payment of fees and submittal of appropriate information, the Building Official shall cause the application to be acted upon. The applicant may amend the application to meet the requirements of the Building Department.

b.    The Building Official shall notify all owners of property within three hundred (300') feet of the proposed relocation of the filing of an application and that they may object by filing written objections with the Building Department during the ten (10) days following the date of notification. Upon completion of investigation and processing, or upon expiration of the time allowed for filing objections, the Building Official shall consider all the facts and shall either deny or approve the application. The Building Official shall prepare a written report setting forth a summary of the pertinent facts involved and his decision.

(Code 1972 §8-47; Ord. #1169, §1)

11-16.6 Criteria for Granting a Permit.

Criteria for granting a permit required by this section shall only be issued to relocate any building or structure which:

a.    Will be consistent with the intended use of the subject property as indicated in the Lynwood General Plan.

b.    Will meet the requirements of the Lynwood City Code and the most recently adopted edition of the Uniform Building Code for the construction of new buildings for the applicable land use.

c.    Will have a monetary value equal to or greater than the monetary value of all other buildings of the same type within three hundred (300') feet in every direction from the subject property.

d.    Will be in harmony with size, quality, design and appearance of all other buildings of the same type within three hundred (300') feet in every direction from the subject property.

(Code 1972 §8-48; Ord. #1169, §2)

11-16.7 Bond Required.

Before any permit required by this section shall be issued, there shall be deposited with the City a performance bond in an amount determined necessary by the Building Official to assure compliance with the provisions of this chapter. The bond shall have an effective date not later than eighty (80) days from the date the application for a relocation permit is filed. The bond, which shall be in a joint and several form, shall name the City as obligee and shall be conditioned that the work of relocation shall be commenced within forty-five (45) days and all work required must be fully performed and completed within one hundred twenty (120) days after the date of the issuance of the housemover’s permit required by this chapter. (Code 1972 §8-49)

11-16.8 Action on Bond Upon Default of Permittee.

Whenever the principal on the bond required by this section defaults in his performance, the Building Official shall give notice to the principal and the surety, stating the items which have not been complied with and the period of time deemed to be reasonably necessary for the completion of such work. After receipt of a notice of default, the surety, within the time specified, shall cause the required work to be performed. When any default has occurred on the part of the principal, the surety shall have the option, in lieu of completing the work, to demolish the building and to clear and restore the site. Nothing in this subsection shall be deemed to waive any other legal remedies the City may have under the bond. (Code 1972 §8-50)

11-16.9 Imposition of Conditions on Permit; Time for Commencement and Completion of Work.

The Building Official or, in the case of an appeal of the decision of the Building Official, the Planning Commission, may attach such appropriate conditions as are not in violation of law in granting the permit. Such conditions shall be made and resolved pursuant to the guidelines set up in subsection 11-16.6. However, there shall be included in every relocation permit a clause that work of relocation must be commenced within forty-five (45) days from the date the housemover’s permit required by this chapter is granted and the building or structure shall be completely relocated and all work required by the Building Official pursuant to all City codes, the provisions of this Code and other city ordinances and all conditions imposed by the Planning Commission, if any, shall be complied with within one hundred twenty (120) days from the date the housemover’s permit is granted pursuant to this chapter. The period herein specified within which the work shall be commenced shall not be subject to extension. The applicant may file an application for an extension of the one-hundred-twenty (120) day period for completion with the Building Official not less than fifteen (15) days prior to the one hundred twentieth day from the date the housemover’s permit required by this chapter was granted, for an extension thereof; however, the only grounds upon which the Building Official shall grant an extension are strikes, inclement weather, earthquakes, fines or critical shortages of material or labor. The period of any extension granted shall be within the discretion of the Building Official, but shall in no case exceed ninety (90) days and no extension shall be granted without the approval in writing of the surety on the bond required by this section. (Code 1971 §8-51; Ord. #1169, §3)

11-16.10 Appeals From Determinations of the Building Official.

a.    An appeal to the granting of a relocation permit may be filed by the owner, lessee or other person having the right to possession of any property within three hundred (300') feet of the proposed relocation during the five (5) day period immediately following the decision of the Building Official. In the event that the Building Official shall deny the application for a relocation permit, the applicant may file an appeal within the five (5) day period immediately following the decision. The letter of appeal shall contain the name(s) and address(es) of the appellant(s) and indicate the reasons for the appeal. The Building Official shall forthwith send the appeal with a copy of the application and his written decision, including the reasons therefor, to the Secretary of the Planning Commission.

b.    The Secretary of the Planning Commission shall set the matter for a hearing before the Planning Commission at a regular meeting to be held not less than ten (10) days after the date of filing the notices of the time and place of the hearing. Notices shall be mailed to the applicant and property owners pursuant to subsection 11-16.6b.

c.    At the time and place of hearing, the Planning Commission shall consider the application, the report of the Building Official and the objections and shall hear such evidence as may be offered. The Planning Commission shall grant or deny the application subject, however, to subsections 11-16.6 and 11-16.9 or impose conditions upon the granting of the application as it may deem proper.

(Code 1972 §8-52; Ord. #1169, §4)