Chapter 15.40
MOVING OF STRUCTURES
Sections:
15.40.020 Initial inspection fee.
15.40.030 Permit—Application—Form, contents and fee.
15.40.040 Permit—Application—Action.
15.40.050 Permit—Repeat applications.
15.40.060 Time for completing alterations and improvements.
15.40.070 Nuisance declaration—Abatement.
15.40.080 Street improvements.
15.40.090 Requirements for house movers.
15.40.010 Permit—Required.
It is unlawful for any person, firm or corporation to move, or cause to be moved, any structure upon any lot, piece or parcel of land located within the city, without first having obtained a permit as provided in this chapter. (Ord. 2021-03 § 5 (Exh. B))
15.40.020 Initial inspection fee.
Prior to making an application for a permit pursuant to the provisions of this chapter, any person may, upon payment of the initial inspection fee hereinafter prescribed, have inspection made by the building inspector of the structure to be moved and written report prepared listing the alterations, if any, which will be required in the structure. The initial inspection fee shall be nonrefundable. Initial inspection fee shall be established by council resolution. (Ord. 2021-03 § 5 (Exh. B))
15.40.030 Permit—Application—Form, contents and fee.
Every application for a permit to move a structure shall be:
A. Made on forms provided by the building inspector;
B. Accompanied by plans and specifications in such detail as the building inspector may require; indicating thereon the location of the property upon which the structure is to be moved, the exact location on that property to be occupied by the structure to be moved, and any additions to be constructed, the alterations and remodeling to be done to the structure and the estimated cost thereof, and the site improvements planned for the property and their estimated costs. (Ord. 2021-03 § 5 (Exh. B))
15.40.040 Permit—Application—Action.
Every application for a permit to move a structure shall be processed as follows:
A. The community development director shall determine whether the proposed move will conform to existing zoning regulations.
B. The building inspector shall inspect the structure for conformance to the building, housing, plumbing and electrical codes of the city, and determine what repairs, alterations or remodeling will be required to make the structure conform to all requirements of the aforementioned codes.
C. The building inspector shall examine the parcel, lot or building site upon which the structure is to be moved and determine what public improvements such as concrete curb and gutter, sidewalk and street trees are required to conform to the city codes, ordinance and regulations and what site improvements such as driveways, walkways, retaining walls, etc., are required to serve the structure.
D. The building inspector shall then examine the plans and specifications submitted with the application to determine whether the building, when completed in accordance with the plans and specifications, will conform to all applicable ordinances, rules and regulations.
E. The building inspector shall determine the reasonable cost of placing and completing the building in its new location, excluding costs of moving, but including costs of new foundations and all necessary improvements on or off the site. Security shall be one and one-half times the estimated costs in the form of cash equivalent instrument of credit or performance bond in a form acceptable to city attorney’s office shall be required approval.
F. The applicant, or agent, must furnish written evidence to the building inspector that the police chief has approved the moving route to be followed and that there has been compliance with the reasonable requirements of the affected public utility companies as required by Section 15.40.030.
G. If there is any defect in the application or in the accompanying plans and specifications, the applicant shall have thirty (30) days’ written notice from the building inspector within which to remedy the defects. If the defects are not remedied within the thirty (30) days, the building inspector shall deny the application and shall so inform the applicant in writing. Thereafter, should the applicant desire to revive the application, he or she shall pay another application fee established by council resolution.
H. Upon finding that the applicant has complied with all applicable codes, ordinances, rules and regulations, the building inspector shall then cause the application to be set for public hearing for a site plan review before the planning commission, with notice to be given to the public.
I. The applicant shall, after approval of his plans and specifications, post with the community development director a security. Security shall be one and one-half times the estimated costs in the form of cash equivalent instrument of credit or performance bond in a form acceptable to city attorney’s office shall be required approval, the security to be written by a surety company licensed to do business in the state. The security shall name the city as obligee and the condition of the security shall be that the holder of the permit will place and complete the building and construct the site improvements according to the approved plans and specifications and within the time limits specified in this chapter. (Ord. 2021-03 § 5 (Exh. B))
15.40.050 Permit—Repeat applications.
No application for a permit to move a structure may be filed with the community development director within a period of one year after a previous application to move the same structure onto the same parcel of land or onto any parcel of land within three thousand (3,000) feet of the desired new location for which the structure had been denied. (Ord. 2021-03 § 5 (Exh. B))
15.40.060 Time for completing alterations and improvements.
In order to prevent moved structures from remaining incomplete for indefinite periods of time, the following time schedule shall apply to the moving of structures:
A. All required structures and site, as shown on the approved plans and specifications necessary to remove the structure from the original site and install on the foundation at the new site, shall be completed within ninety (90) days after issuance of the permit.
B. This time may be extended by the community development director upon submission of written proof by the holder of the permit that conditions beyond the person’s control make it impossible to complete the required alterations and improvements within the first ninety (90) days.
C. Should the permittee be unable to complete the required alterations and improvements within the allowed time, the permittee may make written application to the community development director for an extension of time, setting forth in the application the reasons why the additional time is needed. The building inspector may grant such time extension as justified by the circumstances, or it may deny the application. Performance security must be provided for any extension pursuant to subsection E of this section.
D. Where the holder of a permit moves a structure and fails to complete the required alterations and improvements within ninety (90) days or any extension thereof, the community development director shall, with the advice and assistance of the city attorney, take such action against the principal and surety on the performance bond as is necessary to accomplish completion of the required alterations and improvements.
E. If the holder of the permit and the surety have failed to place and complete the building and construction site improvements according to the approved plans and specifications within one year of the date of issuance of the permit, the community development director may summarily abate the structure by completion according to the plans or by demolition, upon at least ten (10) days’ notice of such intention to the holder of the permit and the surety, absent substantial action by the holder of the permit and the surety to place and complete the removal of the structure. The cost of the completion or demolition by the community development director shall be a charge upon the holder of the permit and the surety. (Ord. 2021-03 § 5 (Exh. B))
15.40.070 Nuisance declaration—Abatement.
Every violation of this chapter is a public nuisance. To abate the public nuisance, the city may take an action provided for in Title 19. In addition, the community development director may, upon a finding that the condition of any moved structure is a present and imminent menace to public safety, take such measures as are necessary to protect life and limb, without notice to any person and without further process. The cost of performing such measures shall be a charge upon the holder of the permit and a lien upon the building and property. (Ord. 2021-03 § 5 (Exh. B))
15.40.080 Street improvements.
All properties upon which structures are to be moved must have concrete curb and gutter and concrete sidewalk along the street frontages of the property, or such curb, gutter and sidewalk must be shown on the approved plan and specifications and constructed along with other site improvements as specified in this chapter and meet the standards and specifications as set by the engineering department. (Ord. 2021-03 § 5 (Exh. B))
15.40.090 Requirements for house movers.
Structures may be moved on city streets only by owners of their own use or by duly licensed housing moving contractors. In any event, no person, firm or corporation shall move any structure along the streets of the city without complying with the following requirements:
A. Every mover must have on file with the community development department a valid, current performance bond, issued by a surety company licensed to do business in California, naming as obligees, the city and all persons, in the principal amount of one hundred thousand dollars ($100,000.00), the conditions of which bond shall be as follows:
1. Every mover will comply with all applicable laws and ordinances;
2. That the mover will pay any and all damages which may result from any structure moving done by him or her, agents, employees or workmen, in the city, to any house, building, fence, tree, pavement, sidewalk, curb, gutter, utility pole, fire hydrant, traffic signal, traffic sign, or any other appurtenance in, on or under any street right-of-way, whether such facility is owned by the city, a private person or by some privately owned public utility using the streets by virtue of a franchise;
3. That the mover will save, indemnify and keep harmless the city against all liabilities, judgments, costs and expenses, which may in any way accrue against the city in consequence of such structure moving.
B. The mover must have a current valid business license with the city.
C. No structure being moved in or through the city shall be permitted to stand on any street between the same intersecting streets for a longer period than three days.
D. Notice of the route to be followed must be given to the police chief at least two weeks in advance prior to the intended movement of any structure in or through the city. Upon approval of the route to be followed, the police chief shall issue written approval of the route. Every person, firm or corporation moving a structure in or through the city shall have in his or her possession the written approval of the police chief. The police department shall be able to recover fees from the mover for the review of the request, assignment of department staff, and all other necessary tasks required as a result of the requested move.
E. Should the moving of any structure described herein require interference with any public utility structure, the applicant shall, after obtaining the written approval of the police chief as to the route to be followed, notify any and all public utilities involved of the tentative time of such moving and the estimated load height of the structure and moving equipment. Applicant shall indemnify a public utility against any and all damages or charges that are a direct and proximate result of the moving of any structure described herein. Applicant shall bear the cost and indemnify a public utility for any and all reasonable claims or charges that are a direct and proximate result of necessary measures required to protect utility structures from damages that may reasonably result from the moving of structures as herein described. (Ord. 2021-03 § 5 (Exh. B))