Chapter 12.32
MOVING BUILDINGS
Sections:
12.32.030 Application for permit.
12.32.050 Investigation of applicant—Report.
12.32.080 Liability insurance requirements.
12.32.090 Performance bond requirements.
12.32.110 Compliance with other laws and regulations.
12.32.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section, as follows:
(1) "Building" is any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind;
(2) "Building official" is the building official of the city or his regularly authorized deputy;
(3) "Structure" is that which is built or constructed, an edifice, or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 1062 § 8 (part), 2019: prior code § 6.20).
12.32.020 Permit required.
No person shall move any building or structure into or within the city or shall remove any building or structure from the city without first obtaining a permit from the building department for each such building or structure to be moved or removed. (Ord. 1062 § 8 (part), 2019: prior code § 6.21).
12.32.030 Application for permit.
To obtain a permit to move or remove a building or structure the applicant shall first file an application therefor in writing on a form furnished for that purpose by the building department. Every such application shall contain the following information:
(1) The location and legal description of the land on which the building or structure to be moved or removed at the time of the application is situated;
(2) The location and legal description of the land to which the building or structure is to be moved;
(3) The alterations or additions, if any, to be made to the building or structure to be moved or removed;
(4) The name and address of the person who will install the foundations and do any other necessary work that may be required at the new site, if the building or structure is to be moved or removed to land within the city;
(5) The name and address of the person who will move the building or structure to be moved or removed;
(6) The use made of the building or structure to be moved or removed at the time of the application for a permit to move or remove the same;
(7) The use to be made of the building or structure if it is to be moved or removed to land within the city;
(8) Any such other information as may reasonably be required by the building official. (Ord. 1062 § 8 (part), 2019: prior code § 6.22).
12.32.040 Filing fee.
Prior to, or at the time of, filing any application for a permit to move or remove a building or structure a fee in an amount established by resolution of the city council shall be paid to the building department by the applicant to defray the reasonable cost of investigations and other services required of the building department pursuant to this chapter. The filing fee provided in this section shall be in addition to other permit fees which are required to erect, construct, enlarge, alter, repair, improve and convert any structural, electrical, plumbing, and heating work required for any building, or to demolish any building or structure pursuant to other applicable laws or ordinances. (Ord. 1093 § 9, 2022; prior code § 6.23).
12.32.050 Investigation of applicant—Report.
The building department upon receipt of application for a permit to move or remove a building or structure pursuant to this chapter shall make all necessary inspections to determine whether such building or structure may be moved safely without demolishing or destroying the same and shall determine whether or not the proposed location of any building or structure sought to be moved or removed in the city meets the requirements of the California Building Code and any other laws or ordinances appertaining thereto. The application may also be examined and reviewed by other departments of the city to check compliance with the laws and ordinances. Upon the making of his inspections and the completion of his investigation of the application for a permit to move or remove any building or structure the building official shall make and file a written report of his findings and recommendations with every such application for a permit to move or remove a building or structure. (Ord. 1062 § 8 (part), 2019: prior code § 6.24).
12.32.060 Inspection fee.
Where investigations under this chapter are required to be made by the building official beyond the city limits of the city, the applicant shall pay the building department a sum in an amount established by resolution of the city council for the full mileage from the City Hall to the site where the inspection is made. This charge shall be additional to other fees required to be paid for the application under the provisions of this chapter. (Ord. 1062 § 8 (part), 2019: prior code § 6.25).
12.32.070 Issuance of permit.
If the written report of the building official shows that the building or structure specified in the application may be moved safely without demolishing or destroying the same and if the report shows that where the building or structure is to be moved or removed to land within the city the building or structure when so moved or removed will conform with the requirements of any laws and ordinances applicable thereto, the building official shall issue the permit to move or remove the building or structure upon fulfillment of the conditions set forth in Sections 12.32.080 and 12.32.090 by the applicant. (Ord. 1062 § 8 (part), 2019: prior code § 6.26).
12.32.080 Liability insurance requirements.
The person named in the application as the person who will move the building or structure to be moved or removed shall furnish evidence of public liability insurance covering injuries to persons and property by reason of the proposed moving or removing of the building in a reasonable amount to be approved by the building official. Evidence of insurance shall include a certificate showing that the city of Menlo Park and/or the community development agency of the city of Menlo Park has been named as an additional insured. (Ord. 776 § 1, 1988: prior code § 6.27).
12.32.090 Performance bond requirements.
Where the building is to be moved or removed to land within or outside the city, the applicant or some person on his behalf, shall file a performance bond in the form of cash or a surety bond or irrevocable letter of credit satisfactory to the building official guaranteeing the performance within two hundred seventy days of all necessary work and improvements and the furnishing of all labor and materials necessary to make the building or structure, when moved or removed to such location, comply with any applicable laws and ordinances including, but not limited to, the various health, building, and zoning regulations of the city and indemnifying the city against administration costs and attorney fees incurred in the enforcement or accomplishment of such performance or by reason of any non-performance thereof. The amount of the bond shall be one hundred thirty-five percent of the combined cost estimated by the building official or his designee for the moving or removing of the building and for the performance of said work, improvements, labor and materials. The amount of the bond shall be a minimum of five thousand dollars. (Ord. 776 § 2, 1988: prior code § 6.28).
12.32.100 Denial of permit.
If the written report of the building official shows that the moving or removing of the building or structure specified in the application may not be done safely without demolishing or destroying the same he shall deny the application for a permit to move or remove the building or structure. If the written report of the building official shows that where the building or structure specified in the application is to be moved or removed into the city that the building or structure may not be made to conform with the requirements of any laws and ordinances applicable thereto, the building official shall deny the application for a permit to move or remove the building or structure unless the applicant can and does select another location within the city to which the building or structure may be moved or removed in conformance with any laws and ordinances applicable thereto, or unless the applicant selects another location not subject to the jurisdiction of the city. (Ord. 1062 § 8 (part), 2019: prior code § 6.29).
12.32.110 Compliance with other laws and regulations.
No permit issued pursuant to this chapter shall relieve the applicant therefor from compliance with any requirements of laws or ordinances of other jurisdictions where the location of the building or structure to be moved or removed is not within the city. (Prior code § 6.30).