Chapter 15.12
MOVING BUILDINGS
Sections:
15.12.030 Permit – Application – Contents.
15.12.040 Permit – Application – Fee.
15.12.050 Permit – Application – Approval or rejection – Appeal procedure.
15.12.080 Permit – Issuance subject to conditions.
15.12.090 Permit – Bond – Required.
15.12.100 Permit – Bond – Exceptions.
15.12.110 Permit – Bond – Conditions.
15.12.120 Permit – Bond – Term – Completion.
15.12.130 Permit – Default in performance – Notice.
15.12.140 Permit – Default in performance – Duty of surety.
15.12.150 Permit – Default in performance – Use of bond by city council.
15.12.160 Permit – Default in performance – Option to complete structure or clear site.
15.12.170 Right of entry upon premises.
15.12.010 Definitions.
For the purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended. A “structure” or “building” is any house or other building or structure erected or constructed or in existence prior to the moving hereinafter referred to. (Ord. 53, 1955; prior code § 12-101)
15.12.020 Permit – Required.
No person shall move any building or structure, or a portion thereof, to any location thereof, to any location within the city from any location outside the city, or from one location to another within the city, unless and until the building department of the city has first issued to the owner of the premises to which the building is to be moved, a permit to relocate the particular building upon those premises. Such permit shall be called a “relocation permit.” (Ord. 171, 1959; Ord. 53, 1955; prior code § 12-102)
15.12.030 Permit – Application – Contents.
A separate application must be made for each building or structure, or portion of a building or structure. No permit shall be issued until an application has been filed as provided in this chapter. Every application to the city council for a relocation permit shall be in writing upon a form furnished by the city clerk, and shall set forth such information as may reasonably be required in order to carry out the purposes of this chapter, including the following:
A. A complete description of the building or structure to be moved;
B. A recent photograph of the building or structure;
C. The present location of the building or structure;
D. The street location or other identifying description of the location to which the building or structure is to be moved;
E. A description of the route over, along, across, or upon which such building or structure, section, or portion thereof, is to be moved, and the date and time it is proposed to be moved;
F. A complete description of any proposed additions, alterations, repairs or improvements to be made to the building or structure, either before or after it is moved, and a statement of the approximate time when the same will be made;
G. The proposed use to which such building or structure will be put;
H. Such other relevant information as the city council may require. (Ord. 53, 1955; prior code § 12-104)
15.12.040 Permit – Application – Fee.
A. Before any application for a relocation permit is accepted, a fee in accordance with the fee schedule on file in the City Hall shall be paid by the applicant to cover the cost to the city of the investigation of the conditions of the building to be moved and the inspection of the proposed new site.
B. An additional fee of fifteen cents per mile for all mileage over twenty-five miles shall be added. This application fee shall be in addition to the regular building permit fee. No part of the application fee shall be refunded. (Ord. 334, 1968; Ord. 53, 1955; prior code § 12-103)
15.12.050 Permit – Application – Approval or rejection – Appeal procedure.
The city clerk, immediately upon receipt of any such application, shall deliver the same to the building inspector, who shall have the duty to consider the application and approve or reject the same based upon the requirements of the municipal code. In the event the application is approved, it shall not be placed on the agenda of the city council. In the event the application is not approved and the permit required in this chapter is not issued, notice in writing shall be given to the applicant and the applicant shall have the right to appeal to the city council for the permit; provided, such appeal is made within ten days after denial or rejection by the building inspector. All standards to be used by the city council in consideration of such appeal, as set out elsewhere in this code, shall be used and applied by the building inspector in making his initial determination. (Ord. 171, 1959; Ord. 53, 1955; prior code § 12-105)
15.12.060 Permit – Issuance.
No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous; or which is infested with pests or unsanitary; or which, if it is a dwelling or habitation, is so dilapidated, defective, unsightly or in such condition of deterioration or disrepair that its location at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district within a radius of one thousand feet from the proposed site; or if the proposed use is prohibited by the zoning laws of the city; or if the structure is of a type prohibited, at the proposed location, by any fire district regulations, or by any other law or ordinance; provided, however, that if the condition of the building or structure, in the judgment of the city council, admits of practicable and effective repair, the permit may be issued upon condition as provided in SMC 15.12.080. (Ord. 53, 1955; prior code § 12-106)
15.12.070 Permit – Denial.
If the unlawful, dangerous, or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the permit shall be denied. In order to determine any of the matters presented by the application, the city council may cause to be made any investigation required in its discretion. (Ord. 53, 1955; prior code § 12-107)
15.12.080 Permit – Issuance subject to conditions.
A. If the city council deems it necessary or expedient so to do, it may, in granting any relocation permit, impose thereon such terms and conditions as it may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district, as hereinabove limited, to which it is to be moved. The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto.
B. The building inspector, in granting any relocation permit, shall permit the retention of existing materials and methods of construction so long as the building complies with the provisions published in the State Building Standards Code and other rules and regulations of the commission, and also complies with the building standards for foundation applicable to new construction. (Ord. 589 § II(32), 1981; Ord. 53, 1955; prior code § 12-108)
15.12.090 Permit – Bond – Required.
No relocation permit shall be issued unless the applicant therefor shall first post with the city council a bond executed by the owner of the premises where the building or structure is to be located, as principal, and by surety company authorized to do business in the state, as surety. The bond, which shall be in form joint and several, shall name the city as obligee, and shall be in an amount equal to the cost, plus ten percent of the work required to be done in order to comply with all of the conditions of such relocation permit, as estimated by the building inspector. In lieu of a surety bond, the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit of cash in the amount named above and conditioned as required in the case of a surety bond; such a bond, as so secured, is hereinafter called a “cash bond” for the purposes of this chapter. (Ord. 53, 1955; prior code § 12-109)
15.12.100 Permit – Bond – Exceptions.
No bond, however, need be posted in any case where the city council determines that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a housemover, or that of moving a building to adjacent property of the same owner; but the exceptions made in this chapter shall not apply unless the council further finds that no such security is necessary in order to assure compliance with the requirements of this chapter. (Ord. 612 § 1 (Appx. A (35)), 1982; Ord. 53, 1955; prior code § 12-110)
15.12.110 Permit – Bond – Conditions.
Every bond posted pursuant to this chapter shall be conditioned as follows:
A. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the city council;
B. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; or, if no time limit is specified, within ninety days after the date of its issuance. The time limit specified in this section, or the time limit specified in any permit, may be extended for good and sufficient cause by the city council. No such extension of time shall be valid unless written, and no such extension shall release any surety upon any bond. (Ord. 53, 1955; prior code § 12-111)
15.12.120 Permit – Bond – Term – Completion.
The term of each bond posted pursuant to this chapter shall begin upon the date of the posting thereof and shall end upon the completion, to the satisfaction of the city council, of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof, signed by the building inspector, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor, or to his successors or assigns, upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided. (Ord. 53, 1955; prior code § 12-116)
15.12.130 Permit – Default in performance – Notice.
Whenever the city council finds that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city council to be reasonably necessary for the completion of such work. (Ord. 53, 1955; prior code § 12-112)
15.12.140 Permit – Default in performance – Duty of surety.
After receipt of such notice the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, must pay over to the city council the estimated cost of doing the work, as set forth in the notice, plus an additional equal to ten percent of said estimated cost. Upon the receipt of such moneys, the city council shall proceed, by such mode as it deems convenient, to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor. (Ord. 53, 1955; prior code § 12-113)
15.12.150 Permit – Default in performance – Use of bond by city council.
If a cash bond has been posted, notice of default, as provided in SMC 15.12.130, shall be given to the principal and, if compliance is not had within the time specified, the city council shall proceed without delay, and without further notice of proceedings whatever, to use the cash deposit, or any portion of such deposit, to cause the required work to be done, by contract, or otherwise, in the discretion of the city council. The balance, if any, of such cash deposit shall, upon completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus ten percent thereof. (Ord. 53, 1955; prior code § 12-114)
15.12.160 Permit – Default in performance – Option to complete structure or clear site.
When any default has occurred, on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, to demolish the building or structure, and to clear, clean, and restore the site. If the surety fails to complete the work or demolish the building or structure and to clear, clean, and restore the site as provided in this section, the city council shall have the same option. (Ord. 53, 1955; prior code § 12-115)
15.12.170 Right of entry upon premises.
The city council, the surety, and the duly authorized representatives of either shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work. In the event of any default in the performance of any term or condition of the relocation permit, the surety, or any person employed or engaged on its behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure. No person shall interfere with or obstruct the ingress to or from any such premises of any authorized representative or agent of any surety or of the city engaged in the work of completing, demolishing, or removing any building or structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions thereof. (Ord. 53, 1955; prior code § 12-117)