Chapter 15.25
MOVED BUILDINGS AND TEMPORARY STRUCTURES
Sections:
15.25.020 Application and Investigation Fee
15.25.030 Investigation and Report
15.25.060 Conditions of Security
15.25.070 Permit Issuance and Fees
15.25.080 General Requirements
15.25.090 Expiration of Permits
15.25.110 Procedure Upon Default
15.25.010 Permits Required
It is unlawful for any person, firm or corporation to move or cause to be moved any building or structure excepting a contractors tool house, construction office or similar structure which is relocated as construction requires, into or within the city without first obtaining a permit to do so from the building official.
Exception: Buildings moved to the business premises of a house for the purpose of temporary storage.
15.25.020 Application and Investigation Fee
To obtain a permit to relocate a building or structure the applicant shall first file an application therefore as required by California Building Code. The building official may require plans, photographs and other data to substantiate the application.
Each application shall be accompanied by an investigation fee to cover the costs of processing the application, inspecting the building and premises, and handling other matters connected therewith. Such fee shall be nonrefundable. If the building to be moved is located outside the city, the applicant shall pay an additional fee to cover increased costs of inspection and mileage.
15.25.030 Investigation and Report
The building official may cause an investigation to be made of each building or structure for which an application for a relocation permit has been received. A written report shall be prepared based on such inspection, and a copy of the report shall be given to the applicant. This report shall contain the approval or disapproval by the building official for relocating the building. If approved for relocation, the report may list the requirements and corrections necessary for making the building conform to the codes adopted herein.
In granting an approval for relocation, the building official may impose such terms and conditions as he may deem reasonable and proper, including time limits for completion of all work, and requirements for whatever changes, alterations, additions or repairs are necessary to assure that relocation will not be materially detrimental or injurious to public health, safety and welfare.
The investigation report shall remain valid for a period of one hundred eighty (180) days after the building or structure has been inspected, after which time a new investigation and report may be required by the building official.
15.25.040 Denial of Permit
Except as otherwise provided in this section, the building official shall be vested with the discretion to refuse to issue a relocation permit for any building or structure which:
1. Is so constructed or is in such condition as to be dangerous;
2. Is infested with pests or is unsanitary;
3. Is in such condition in the judgment of the building official that it does not admit of practicable and effective repair;
4. Is so dilapidated, defective or unsightly or is in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the area to which it would be relocated;
5. Because of age, size, design or architectural treatment, does not substantially conform to the design, plan and construction of the buildings located in the area to which it is to be relocated so that its relocation would be materially detrimental to the property or improvements in said area.
15.25.050 Security Required
The building official shall be vested with the authority to require the applicant for a permit to first post with the building official a performance bond executed by the owner of the premises where the building or structure is to be located, listing said owner as principal, and an approved surety company authorized to do business in the state as surety; a cash bond naming the City of Norco as the payee; or an assignment of certificates or shares issued by a savings and loan association doing business in this state and insured by the Federal Savings and Loan Insurance Corporation. The building official may waive the requirement of security when the owner of the property is a governmental agency.
The performance bond required by this section shall:
1. Be in form joint and several;
2. Name the City of Norco as obligee;
3. Guarantee that the required work will be completed or, when ordered by the building official, the building or structure will be removed or demolished and the site cleared, cleaned, and restored to its original condition; within a reasonable time frame set by the building official;
4. Be in an amount equal to the estimated cost, plus ten percent, of the work required to be done in order to comply with all of the conditions of the relocation permit or shall be in an amount equal to the cost of demolition and removal, whichever is greater. Such costs for purposes of the bond shall be as estimated by the building official;
5. State therein the legal description or address of the property to which the building or structure is to be relocated.
15.25.060 Conditions of Security
Every performance bond, cash bond or assignment of shares required by this article shall be conditioned as follows:
1. Unless otherwise specified in the investigation report, work required to be done pursuant to the conditions of the relocation building permit shall be initiated within one hundred eighty days from the date of issuance of the permit;
2. The time limit specified may be extended for good and sufficient cause after written request of the principal or surety, before said time limit has expired. The building official shall notify the principal and surety in writing of such time extension and may extend the time limit without consent of the surety;
3. The term of each bond posted pursuant to this section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the building official of the performance of all the terms and conditions of the relocation building permit;
4. The building official and the surety, or the duly authorized representative of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work;
5. Upon default by the principal, the surety shall cause all required work to be performed as set forth as stated in the investigation report and relocation permit;
6. In the event of default in the performance of any term or condition of the relocation permit, the surety or any person employed or engaged on its behalf, or the building official or any person employed or engaged on his behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure, and to clear, clean and restore the site.
15.25.070 Permit Issuance and Fees
Before any permit is issued for the relocation, reconstruction or repair of a building or structure a fee therefore shall be paid to the building official in accordance with the city council resolution for building, electrical, plumbing, mechanical, grading or other permits when applicable. The required permits, together with the investigation report, shall comprise the relocation permit for the purpose of this section.
The valuation for the purpose of determining the relocation permit fee shall be based upon the building official’s estimate of the cost of work necessary to relocate the structure and to bring into compliance with conditions listed on the investigation report and permit.
15.25.080 General Requirements
The following information shall be filed for review and subject to the approval of the building official prior to the issuance of the building relocation permit:
The location and address of the old and new sites;
1. A plot plan of the new location, including adjacent lots of all sides of the property with their use and an indication of all structures and improvements on such lot;
2. Plans and specifications for the proposed improvements at the new location, including drainage, foundation design and attachment, structural, geologic and soil engineering as appropriate;
3. The definition of the route of travel for the structure to be moved. The time and route shall be subject to the approval of the city engineer, fire chief and chief of police;
4. A termite inspection report prepared by a legally qualified person;
5. The abandonment of sewage disposal systems and/or sewer laterals as set forth in the California Plumbing Code, for the old and the new parcels involved;
6. A current photograph showing all four elevations of each structure to be relocated;
7. Such additional information as shall be deemed reasonably necessary by the building official to carry out the intent and purpose of this chapter;
8. That the structure shall comply or be altered to comply with most current building, electrical, comfort heating, and air conditioning and plumbing code requirements; and
9. The vacated site shall be cleaned and restored to a safe and sightly condition, including the removal of abandoned foundation systems.
15.25.090 Expiration of Permits
Permits for the relocation, reconstruction and repair of a building or structure shall be null and void in accordance with the provisions of CBC Section 105.5 if the building or structure is not relocated to the proposed site and/or the required work commenced within 12 months of the date of issuance of such permits. (Ord. 1054 Sec. 1, 2019)
15.25.110 Procedure Upon Default
1. Performance bond. Should the principal fail to comply with the conditions required by the relocation permit, the building official shall give notice of default in writing to the principal and to the surety named in the performance bond. The notice of default shall state the conditions of the bond, which have not been complied with and shall specify the period of time the building official deems to be reasonably necessary for completion of the work. Upon receipt of a notice of default, the surety shall cause the required work to be completed within the time specified. The surety shall have the option of removing or demolishing the building or structure in lieu of completing the required work, in which case the site shall be suitably cleared, cleaned and restored to the satisfaction of the building official.
Exception: The surety may be granted a release from its obligation to perform under the conditions of the performance bond provided,
a. A written agreement is executed between surety and the division of building and safety under which the division assumes responsibility for causing completion of required work or demolition of the structure; and
b. A cash bond is posted by surety in the amount of the performance bond, payable to the city, to enable the building official to cause the required work of repair or demolition to be performed in accordance with subsection (K)(2) of this section.
2. Cash bond. When a cash bond has been posted the building official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the building official at his own discretion may proceed without delay and without further notice or proceeding to use the cash deposit or any portion thereof to cause the required work to be completed by contract or otherwise.
3. Assignment of shares. When an assignment of shares has been posted the building official shall give notice of default to the principal in the manner set forth above. Should the principal fail to comply with requirements within the specified time period, the building official may request payment of the assigned certificates or share or any portion thereof by the savings and loan association and at his own discretion the building official may proceed without delay and without further notice or proceeding to use such assets to cause the required work to be completed by contractor or otherwise.
15.25.120 Release of Security
1. Performance bond. When all conditions and requirements of the relocation permit and applicable laws and ordinances have been completed, the building official shall notify the surety that the bond has been exonerated.
2. Cash bond. When a cash bond has been posted and all requirements of the relocation permit have been completed, the building official shall return the cash to the depositor, or to his successor or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this section.
3. Assignment of shares. When an assignment of shares has been made and all requirements of the relocation permit have been completed, the building official shall notify the savings and loan association and shall do all things reasonably necessary to effect a release of said assignment to the principal or to his successors or assigns, except any portion thereof that may have been used, cashed or deducted as provided elsewhere in this section.