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HomeMy WebLinkAboutCC Ord 705 1967-02-06 , . ORIGINAL ("'; i T'l. COpy NOT TO l>l: 1/'\1":;.:' ;: c.;.. THE CiTY CL5r.~'.; Or:;:ICE ORDINANCE NO. 7r>S"' I AN ORnMNCE OF THE CITY OF SEAL BEACH REGULATING THE MOVING OF STRUCTURES FROM A LOCATION OUTSIDE OF THE CITY TO A LOCATION WITHIN THE CITY. The City Council of the City of Seal Beach does hereby ordain as follows: Section 1, The following terms, as used in this ordinance, shall have the signification attached to them in this section unless otherwise clearly apparent from the context: a. The word PERSON shall mean and include an indivi- dual, a receiver, a trustee, a co-partnership, joint venturers, a firm, an unincorporated association, a syndicate, a corporation, a society, a trust, whether group acting for himself or itself, or in any represen- tative capacity. I b, The word BUILDING shall mean and include a structure or edifice which is more than ten feet in width or more than twelve feet in length, or which contains more than 120 square feet of floor area, and shall also mean and include a street car, railroad car, or similar structure, without motive power, which, after moving, is proposed to be used for residential or,business purposes, and which is more than ten feet in width or more than twelve feet in length, or which contains more than 120 square feet of floor area, , Section 2. It shall be unlawful f9r any person to move a build- ing or structure from a location without the corporate limits of the City of Seal Beach to any location within the corporate limits of the City of Seal Beach, or to perform any part of such moving work, unless the building has first been examined and'posted in the manner in this ordinance hereinafter required, and a permit in writing so to do for each and every separate moving operation'has been applied for and obtained from the Department of Building and Safety. 1 Section 3. Before a house moving permit is issued, the persons proposing to do such work shall pay to the City of Seal Beach fees as hereinafter required and shall complete an application and shall set forth therein such information as the Department of Building and Safety may reasonably require in order to carry out the purposes of this ordinance. The Chief Building Official shall then cause an examination of the building or structure proposed to,be moved, and the location to which it is proposed to move the same. . 1 I 1 Ordinance Number Section 4. No permit shall be issued to move any building or structure from without to within the City of Seal Beach which is so constructed or in such condition as to be dangerous; or which is infested with pests or is unsanitary; or which, if it be a dwelling for habitation, is unfit for human habitation; or which is so dilapidated, defective, unsightly, or is 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 on both sides of the street within 500 feet of the proposed location; or if the pro- posed use is prohibited by the zoning laws of the City; or if the structure is of a type otherwise prohibited at the proposed location by any other law or ordinance; or if the proposed moving or relocation would violate any other law or code or violate or disturb the public safety, welfare or peace, Provided, however, that if the condition of the building or structure, in the reason~ble judgement of the Chief Building Official, admits of practical a~d effective repair and its proposed moving does not violate any law or ordinance, said official may issue a permit for such moving upon conditions as hereinafter provided and complying with the other provisions of this ordinance. The Chief Building Official shall, in granting any permit, impose there- on such terms and conditions as he 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, to the end that the moving thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improve- ments, or either, in the area, as hereinaoove limited, to which it is , to be moved. The terms and conditions upon which any permit may be granted shall be written upon the permit; or attached in writing thereto. Section 5. If, after making the examination referred to in Section 4 hereof, the Chief Building Official shall determine, in accordance with the standards set forth in this ordinance, that the application for any such permit should be denied or should be granted under certain specified terms and conditions, he shall notify the applicant in writing of his decision by mailing a letter, postage pre- paid, to him at the address given on his: application, If such appli- cation is to be granted under certain conditions, such conditions shall specifically be set forth in such notice, The decision of the Chief Building Official shall be final and conclusive, and such notice shall so state. , Section 6. The Chief Building Official shall post a card on the front and upon the rear of the location to which it is proposed to move a building or structure. Such card shall not be less in size than eight (8) by ten (10)) inches, and shall, bear the words "MOVING NOTICE." In addition, the card shall bear the fol~owing information: (a) The name of the owner of the bUilding or structure; (b) A brief description of the building or structure; (c) The street, number, and city of the building as it is then located, together with the legal description; (d) The date upon which the location was posted with said notice; (e) The name of the house mover or person who proposes to do the actual moving. I I I Ordinance Number Section 7. In addition to the posting of said notices, the Chief Building Official shall mail a copy of said notice to all persons indicated upon the records of the last equalized assessment roll of the County of Orange as being the owner of any property within a radius of 300 feet of the location to which said building is to be moved, together with a statement that any such owner may file a written protest with the Department of Building and Safety within ten days of such mailing, r Section 8. After the above described notices have been in place and after ten (10) days of such mailings, and if no written protests have been filed, the Department of Build~ng and Safety shall grant a moving permit in accordance with the app~ication therefor and in accor- dance with conditions specified by the Chief Building Official, upon the payment of the required additional fees to the City and the filing of the required bond, approved as to form by the City Attorney. , Section 9. If any written protests against the proposed moving are filed with the Depar~ment of Building and Safety as herein provided, the Chief Building Official shall conduct a hearing and set a time therefor, which time of said hearing shall be not less than ten (10) nor more than thirty (30) days from the receipt of said protests. The Chief Building Official shall, when he sets the time for such hearing, mail a notice thereof to each person having filed a written protest, at the address, if any, specified thereon, and in addition shall at the same time send a notice thereof by registered mail, postage prepaid, to the applicant, Such notices shall be 'mailed at least five (5) days prior to the date of such hearing. At tne time set for the hearing the Chief Building Official shall hear and pass upon the protests filed, and his decision thereon shall be final and conclusive, Section 10. In addition to any other fee or fees required, a house moving permit fee and, when required by the following, an examina- tion and posting fee, shall be paid to the City of Seal Beach. The moving of any building or structure shall require fees under the follow- ing conditions: When a building or structure is to be moved from a location outside the corporate limits oflthe City of Seal Beach to a location within the corporate limits of said City, the person doing such work shall pay an examination and posting fee of Fifty Dollars ($50.) and a house moving permit fee of Five Hundred Dollars ($500). If for any reason the Chief Building Official rejects an application to move a building or structure, the examination and posting fee shall not be refunded, but the house moving permit fee, if same has been posted and deposited by the applicant, shall thereupon be refunded. Once a house moving permit fee has been paid, it shall not be refunded after the issuance of a house moving permit thereort. , I Section 11. The payment by any petson of a posting and examina- tion fee, or of a house moving permit fee, or the holding by any person , of a house moving permit for moving a building or structure, shall not be deemed to authorize or allow such perJon to proceed with any work for which a building permit, or other petmit, is required. 1 I 1 Ordinance Number Section 12. If any person, because of mistake or excusable neglect, starts or commences any house moving work, or does any part thereof prior to obtaining a permit requfred for such work, the fees specified herein to be paid shall be doubled, but the payment of such doubled fees shall not relieve any person from fully complying with all of the provisions of this ordinance in the execution of house moving work, nor from penalties prescribed herein. Section 13. Anything herein to the contrary notwithstanding, no house moving permit shall be issued unless the applicant therefor shall first post with the Chief Building Official a bond executed by the owner of the premises where the building.or structure is to be located, as principal, and by a surety company authorized to do business in this state, as surety, Such bond shall be subject to the approval of the City Attorney as to form, and in the:event of such approval, shall be filed by the Chief Building Official with the City Clerk, The bond, which shall be in form joint and several, shall name the City of Seal Beach as obligee, and shall be in an amount equal to the cost of the work required to be done in order to comply with all of the conditions of the house moving permit, as estimated by the Chief Building Official. In lieu of a surety ~ond, the applicant may post a bond executed by said owner, as principal, 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 executed is hereinafter called a "cash bond" for the purposes oflthis section, Every bond posted pursuant to this section shall be conditioned as follows: 1 (1) That each and all of the terms and conditions of the house moving permit shall be complied with to the satisfaction of the Chief Building Official. (2) That all of the work required, to be done pursuant to the terms and conditions of the house moving: permit shall be fully per- formed and completed within the time limit specified in the permit; or, if no time is so specified, within n~nety days after the date of the issuance by the Chief Building Official of the house moving permit. The time limit herein specified, or the ~ime limit specified in any permit, may be extended for good cause by the Chief Building Official. No such extension of time shall be validiunless written, and no such extension shall release any surety on any bond. I Whenever the Chief Building Official shall find that a default has occurred in the performance of any term hr condition of any permit, written notice thereof shall be given to! the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Building Inspector to be reasonably necessary for the completion of such work. After the receipt of such notice the surety must, within the time there- in specified, either cause the required ~ork to be performed, or, fail- ing therein, must pay over to the Chief Building Official the estimated cost of doing the work, as set forth in the notice, Upon the receipt of such money, the City shall proceed, b~ such mode as it deems con- venient, to cause the required work to b~ performed and completed, but no liability shall be incurred therein other than for the expenditure I I 1 Ordinance Number . of said money in hand therefor. If a cash bond has been posted, notice of default, as provided above, shall be given to the principal, and if compliance is not had within the time specified, the City 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, The balance, if any, of such cash deposit shall, upon th~ completion of the work, be returned to the depositor, or to his successors and assigns, after deducting the cost of the work. When any default has occurred, on the part of the principal under the preceding provisions, the surety shall h~ve the option, in lieu of completing the work required, to demolish the building or structure, and to clear, clean, and restore the sit~. If the surety defaults, the City shall have the same option. I , 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 Ghief Building Official, of the performance of all the terms and conditions of the hous~ moving permit. Such com- pletion shall be evidenced by a statement thereof, signed by the Chief Building Official, a copy of which will be sent to any surety or principal upon request. When a cash bon~ has been posted, the cash shall be returned to the depositor, or 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 section provided. , The Chief Building Official, the surety, and the duly authorized representatives of either, shall have access to the premises described in the house moving permit for the purpose of inspecting the progress of the work. ,; In the event of any defaul!= in the performance of any term or condition of the house moving permit, the surety, or any person employed or engaged in its behalf, or the Chief Building Official, or any person employed or engaged on his be~alf, shall have the right to go on the premises to complete the required work or to remove or demolish the building or structure. It shall be unlawful for the owner, or his representatives, successors or as~igns, or any other person, to interfere with or obstruct the ingress to or egress from any such pre- mises of any authorized representativ~ ok agent of any surety or of the City engaged in teh work of completing, aemolishing, or removing any building or structure for which a house koving permit has been issued, after default has occurred in the perfor~ance of the terms or condi- tions thereof. I I I Ordinance Number . , Section 14. Every house moving petmit issued by the Chief Building Official under the provisions of this ordinance shall expire and become mull and void if the moving work authorized by such permit . , ~s not commenced and completed within si~ty days from the date of issuance; provided, however, that the Chief Building Official may extend the time first specified in the permit when the moving of any building or structure is impossible or impracticable by reason of inclemency of the weather, strikes, or other causes not within the control of the house movers. If for any:reason a house moving permit is rendered null and void, and the house:moving work is desired to be done thereafter, a new permit shall be obtained from the Chief Building Official and a new fee shall be paid, ' I I Section 15. Whenever any building I or structure for which a moving permit is required under the provisions of this ordinance, is to be moved over or upon a public street'or highway within the City, the Chief Building Official shall submit:the application to the Chief of Police of the City, who snaIl endorse~the approval of the Police Department thereon as to the routes to b~ travelled and the hours during which moving operations are to be conducted under the proposed permit. If said routes or hours do not meet with: the approval of the Police Department, it shall be the duty of the applicant to alter his applica- tion to include such routes and hours as:will meet the approval of the Police Department. 1 Section 16, No person shall permit any building to remain in one position on any street longer than forty~eight (48) hours unless prevented by an Act of God, a public enemy, strike'of employees, or other unavoid- , able cause beyond the control of such person. I , Section 17. It shall be unlawful for any person to move, or cause to be moved, any building or structure oyer, upon, along, or across any public street or highway in the Cityjof Seal Beach upon any route or at any hour other than that designated in the application for such moving permit and approved by the Police,Department of the City, unless they shall first have obtained the approval of said Police Department to such variation of route or hours as has been previously approved in said application. ! I Section 18. It shall be unlawful for any person who moves, or causes to be moved, any building or strutture, or section or portion thereof, over, upon, along or across any/street in the City to fail, neglect, or refuse to keep red lights burning at all times between sunset and sunrise at each corner of saiQ building and at spaces approximately eight (8) feet apart along 1 each side and each end of said building, while the same, or any portion!thereof, projects into, or is located in or upon any street in the €ity of Seal Beach, -I 1 1 Ordinance Number , . , Section 19. All house moving dolly wheels shall be equipped with rubber tires of the width and thickness as now, or hereafter set forth in the Vehicle Code of the State of California, , Section 20. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Three Hundred Dollars ($300), or by impr~sonment in jail for a period not exceeding three months, or by both such fine and imprisonment; and each such person, firm or corporation shall be deemed guilty of a sepa- rate offense for each day during any por~ion of which the violation of, or failure, neglect or refusal to comply,with any of the provisions of this ordinance is committed, continued or permitted. ! Section 21, If any section, sub-section, sentence, clause or phrase of this ordinance is for any reasbn held to be invalid or unconstitutional, such decision shall no~ affect the validity of the remaining portions of the ordinance. The City Council of the City of Seal Beach hereby declares that it would! have passed this ordinance, and each section, sub-section, sentence,! clause, and phrase thereof, irrespective of the fact that anyone orimore other sections, sub- sections, sentences, clauses or phrases be declared invalid or unconstitutional. ! Section 22. The City Clerk shall hertify to the passage of this ordinance by the City Council of the City of Seal Beach and shall cause the same to be posted according to' law, and it shall take effect thirty (30) days after its final passagei and adoption. , PASSED, APPROVED, AND ADOPTED by the Cit~ Council of the City of Seal Beach at a regular meeting thereof held on the ~~ day of .::;t~".d~ ' 1967, ATTEST: /a.?~ City Clerk ) ) ss CITY OF SEAL BEACH ) I, F, W. Hickman, City Clerk of the City, of Seal Beach, do hereby certify that the foregoing ordinance was passed,' approved, and adopted by the I CisY~ouncil of.th~ Cjty of Seal Beach aF a meeting thereof held on the ~.fI't day of 7#U"UA~ ,1967,. by the following vote: AYES: Councilmen NOES: Councilmen ABSENT: Councilmen STATE OF CALIFORNIA COUNTY OF ORANGE I I /~4eR~UL I City Clerk 1