HomeMy WebLinkAboutCC Ord 469 1955-04-19
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ORDINANCE NO.. if6q
AN ORDINANCE OF llIE CITY OF SEAL
BEAQf REGULATING llIE MOVING OF
STRUCTURES FRaA A LOCATION WITH-
OOT llIE CITY TO A LOCATION WIlHIN
llIE CITY.
5 The City Council of the City of Seal Beach does ordain as
6 follows.-
7 ~. The following terms, as used in this Ordinance,
8 shall have the signification attached to them in this section un-
9 le.. otherwise clearly apparent from the context:
10 (a) The word PERSON shall mean and include an individual; a
11 receiver; a trustee; a co-partnership; joint adventurers; a firm;
12 an unincorpaaated association; a syndicate; a corporation; a soc-
13 iety; a trust; whether acting for himself or itself, or in any
14 representative capacity.
15 (b) The word BUILDING shall mean and include a structureor
16 edifice which is more than ten feet in width or more than twelve
17 feet in length, or which contains more than 120 square feet of
18 floor area, and shall also mean and include a street car, railroad
19 car, or similar structure, without motive power, which, after
20 moving, is proposed to be used for residential or business purp-
21 oses, and which is more than ten feet in width or more than twelve
22 feet in length, or which contains more than 120 feet of floor area
23 ~I It shall be unlawful for any person to move a
24 building or structure from a location without the corporate limits
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of the City of Seal Beach to any 10cation 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 post-
ed 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 City Building
31 Inspector.
32 i~CTI~ 3. Bef~e a house moving permit is issued, the
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the persons proposing to do such work shall pay to the City of Seal
Beach fees as hereinafter required and shall complete an applicatio
and shall set forth therein such information as the Building Ins-
pector may ~easonably require in order to carry out the purposes of
this Ordinance. Said official shall then cause an examination of
the building or structare propose' to be moved, and the location to
which it is proposed to move the same.,
~: 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
or habitation, is unfit for human habitation; or which is so dilap-
idated, defective, unsightly, or is in such condition o~ deterior-
ation or disrepair that its location at the proposed 8ite would
cause appreciable harm to or be materially detrimental to the prop-
erty or improvements on both sides of the street within 500 feet
of the. proposed location; or if the proposed use 1s prohibited by
the zoning laws of this 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 ~.location would violate
any other law or code or violate or distlrb.the public safety,
welfare or peace. Provided, however, that i' the condition of the
bUilding or structure, in the reasonable judgement of the Building
Inspector, admits of practical and effective repair and its prop-
osed 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 Building Inspector shall, in granting any permit, impose thereo
such terms and conditions as he may deem reasonable and proper,
inCluding, but not limited to, the requirement of changes, alter-
ations, additions, or repairs to be made to or upon the building,
to the end that the moving thereof will not be materially detri-
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1 mental or injurious to public safety or to public welfare or to
2 the proper~y and improvements, or either, in the area, as herein-
3 above limited, to which it is to be moved. The terms and conditions
4 upon which any permit may be granted shall be written upon the
6 permit or attached in writing thereto.
6 ~I If, after making the examination referred to in
7 Section 4 hereof, the Building Inspector shall determine, in
8 accordance with the standards set forth in this Ordinance, that the
9 application for any such permit should be denied 01' should be
10 granted under certain specified terms and conditions, he shall
11 notify the applicant in writing of his decision by mailing a letter
12 postage prepaid, to him at the address given on his application. If
13 such application 1& to be granted under certain conditions, such
14 conditions shall specifically be set forth in such notice. The
16 decision of the Building Inspector shall be final and conclusive,
16 and such notice shall so state.
17 ~I The Building Inspector shall post a card on the
18 front and upon the rear of the 10cation to Mlich it is proposed to
I9 move a building or structure. Such card shall not be less in size
20 than eight inches by ten inches, and shall bear the words -MOVING
21 NOTICE-. In addition, the card shall bear the following informat-
22 ion:
23 ( a) The name of the owner of the building or structure;
24 (b) A brief description of the building or structure;
26 (c) The street, number and city of the building as it is
28 then 10cated, together with the legal description;
27 (d) The date upon which the location wes posted with said
28 notice;
29 (e) The name of the house mover or person who proposes to do
:50 the actual moving.
31 ~I In addition to the posting 0' said notices, the
32 Building Inspector shall mail a copy of said notice to all persons
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1 indicated upon the records of the City Assessor of the City of Seal
2 Beach as being the owner of any property within a radius of 300
3 feet of the location to ~ch said building is to be moved, to-
4 gether with a statement that any such owner may file a written
6 protest with the Building Inspector within ten days of such mailing
6 SECTI~ ~: After the above described notices have been in
7 place and after ten days of such mailings, and if no written pro-
8 tests have been filed, the Building Inspector shall grant a moving
9 permit in accordance with the application therefor and in accord-
10 ance with conditions specified by the Building Inspector, upon the
11 payment of the required additional fees to the City and the filing
12 of the required bond, approved as to form by the City Attorney.
13 ~I If any written protests against the proposed
14 moving are filed witb the Building Inspector as herein provided,
15 the Building Inspector shall conduct a hearing and set a time
16 therefor, which time of said bearing shall be not less than 10
17 nor more than 30 days from the receipt of said protests. The Build-
18 ing Inspector shall, when he sets the time for such hearing, mail
19 a notice thereof to each person having flIed a written protest,
20 at tbe address, if an~, specified thereon, and in addition shall
21 at the same time send a notice thereof by registered mail, postage
22 prepaid, to the applicant. Su~ notices shall be mailed at least
23 five days prior to the date of such hearing. At the time set for
24 the he~ing the Building Official shall bear and pass upon the
26 protests filed, and his decision thereon shall be final and
28 conclusive.
27 ~~ ~91 In addition to any other fee or fees required,
28 a house moving permit fee and, when required by the following,
29 an examination and posting fee, shall be paid to the City of Seal
SO Beach. The moving of any building or structure shall requ~e fees
31 under the following conditions: When a building or structtre is to
32 be moved from a 10cation outside the corporate limits of the City
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1 of ~eal Beach to a 10cation within the c~orate limits of said
2 ~ity, the pers~~ doing ,suc~ ~~k shall pay an examination and post-
3 in~ fee of Fifty DOll~:~l~~O.OO) and a house moving permit fee of
4 .i4...r\~J.~tdilrePt~f:u &':J). If for any reason the Building
5 Inspector rejects an application to move a building or structure,
6 the examination and posting fee ~ha~1 not be refunded, but the
7 house moving.permit fee, if the.... has been posted and deposited
8 by the applicant, shall thereupon be refunded. Once a house moving
9 pe~it fee has been paid, it shall no~ be refunded after the issu-
10 ance of a house moving permit thereon.
11 i(lg;J:;tgI UI The payment by any person of a posting and e.am-
12 ination fee, or of a house moving permit fee, or the holding by any
13 person of a house moving permit for moving a building or structure,
14 shall not be deemed to authorize or allow such person to proceed
15 with any work for which a building permit, or other permit, is
16 required.
17 ~~ 12. If any person, because of mistake or excusable
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18 neglect, starts or commences any house moving work, or does any
19 part thereof prior to obtaining a permit required for such work,
20 the fees specified herein to be paid shall be doubled but the pay-
21 ment o~ such doubled fees shal~ not relieve any person from fully
22 complying with all of the provitions of this Ordinance in the
23 execution of house moving work, nor from penalties prescribed
24 herein.
25 ~Ect1~ :l,:J1 Anything herein to the contrary notwithstanding,
26 no house moving permit shall be issued unless the applicant there-
27 for shall first post with the Building Inspector a bond executed
I 28 by the owner of the premises where the building or structure is to
29 be locate~, as principal, and by a surety company authorized to do
30 business in this State, as surety. Such bond shall be subject to
31 the approval of the City Attorney as to form, and in the event of
32 such approval, shall be filed by the Building Inspector with the
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1 City Clerk.
2 The bond, which shall be in form joint and several, shall nam
3 the City of Seal ~each as obligee, and shall be in an amount equal
4 to the cost of the work required to be done in ~rder to comp~y wit
6 all of the conditions,of the house mov~ng permit, as estimattd by
6 the Bu~lding Inspector. In liue of a surety bond, the applicant
7 may post. a bond executed by said owner, as principal, which is
8 secured by a deposit of cash in the amount named above and condit-
9 ioned as required in the case of a surety bond; such a bond as so
10 executed is hereinafter called a .cash bondD for the purposes of
11 this section.
12 Every bond posted pursuant to this section shall be condition
13 ed as followe:
14 (1) That each and all of the terms and conditions of the hous
15 moving permit shall be complied with to the satisfaction of the
16 Building Ins~ector;
17 (2) That all of the work required to be done pursuant to the
18 terms and conditions of the house moving permit shall be fully
19 pe~formed ~nd completed within the time limit specified in the
20 permit; or, if no time is so specified, within ninety days after
21 the date of the issuance by the Building Inspector of the house
22 moving permit. The time limit herein specified, or ,the time limit
23 specified in any permit, may be extended for good cause by the
24 Building Inspector. No such extension of time shall be valid unles
26 written and no such extension shall release any surety on any bond
26 Whenever the Building Inspector shall find that a default has
27 occ~ed in the performance of any term or condition of any permit
28 written notice thereof shall be given to the principal and to the
29 surety on ~he bond. Such notice shall state the work to be done,
30 the estimated cost thereof and the period of time deemed by the
31 Building Inspector to be reasonably necessary for the completion
32 of such work. After the receipt of such notice the surety DlUSt,
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wi thin the time therein specified, either cause the required work .
to be performed or, ~ailing therein, must pay over to the Building
Insp~ctor the estimated cost of doing the work, as set forth in the
notice. Upon t~e receipt of such money, the City shall proceed, by
such mode as it deems convenient, to cause the required work to be
p!rformed and completed, but no liability shall be incurred therein
other than for the expenditure of said sum of money in hand therefo .
If a cash bond has been posted, notice of default, as provid-
ed above, shall be given to the principal, and if compliance is not
had within the time specified, the City shall proceed without dela
and without further notice of proceedings whatever, to use the
cash deposit, 01' any portion of such deposit, to cause the require
work to be done, by contract or otherwise, in the discretion of the
Ci ty. The balance, if any, of such cash deposit shall, upon the
completion of the'work, be returned to the depositor, or to his
successors an~ assigns, after deducting the cost of the work.
When any default has occurred, on the part of the principal
unde~ the preceding provisions, the sur!ty shall have the option,
in lieu o~ ~ompleting the work required, to demolish the building
or st~ucture, and to clear, clean ~nd restore the site. If the
surety defaults, the City shall have the same option.
The term of each bond posted pursuant to this section shall
b!gin upon the date of the posting thereof and shall end upon the
completion, to the satisfaction of the Building Inspector. of the
performance of all the terms and conditions of the house moving
permit. Such completion shall be evidenced by a statement thereof,
signed by the Building Inspector, a copy of YAlich 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, 01' his
suwcessors or assigns, upon the ter~inat10n of the bond, except
any portion thereof that may have been used or deducted as else-
\IA1ere in this section provided.
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The Building Inspector, the surety, and the duly authorized
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represe~tatives of either, shall have access to the premises des-
crib~ in the house moving permit for the purpose of inspecting the
pro~ess of the work. In the event of any default in the performanc
of any term or con~ition of the house movi~g permit, the surety,
or any person employed or engaged in its behalf, or the Building
Inspector, or any person employed or engaged on his behalf, shall
have the r~ght to go on the premises to complete the required work
or to rem~ve or demolish the building or structure. It shall be un-
lawful for the owner, or his representatives, successors or assigns
or any other person, to interfere with or obstruct the ingress to
or egress from any such premis~s of any authorized representative
or a~en~ of any surety or of the City engaged in the work of com-
pleting, ~e~lishing or. removing any building or structure for
Which a ho~se moving permit has been issued, after default has
occurred in the,performance of the terms or conditions thereof.
~l~..ngI ).41 Eve~ house moving peJ:1'it issued by the Building
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Inspector under the provisions of this Ordinance shall exiSire and
become null and void if the moving work a.uthorized by such permit
is not commenced and completed within sixty day. from the date of
issuance; provided, however, that the Building Inspector may extend
the time first specified in the permit when the moving of any
building or structure is impossible or impracticable by reason of
incle.-ncy of th~ llI8ather, strikes or other causes not within the
control of the house movers. If for any reason a house moving permi
is rendered nu~1 and void, and the house moving work is desired to
be done thereafter, a new permit shall be obtained from the Build-
ing Inspector ~d a new fee shall be paid.
~I Whenever any building or structure for which a
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moving permit is require~ under the provisions of this Ordinance,
is to be moved over 0rap8D a public street or highway within the
City, the Building Inspector shall submit the application to the
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1 O1ief of Police C?f the City, who shall endorse the approval of the
2 Police Department thereon as to the routes to be trav6lled and the
3 hours during which moving operations are to be conducted under the
4 proposed pe*t. If said routes or hours do not meet with the
6 approval of the police Department, it shall be the duty of the
6 applicant to alter his application to include such routes and hours
7 as will meet the approval of the 'olice Department.
8 SE~l~ l~: No person shall permit any building to remain in
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9 one po~ition on any street longer than forty-eight hours unless
10 prevented by an Act of God, a: public enemy, strike of employees or
11 other unavoidable cause beyond the contro~ of such person.
12 ~. It shall be unlawful for any person, to move,
13 or cause to be moved, any building or structure, over, upon, along
14 or across any public street or highway in the City of Seal Beach
15 upon any. route or at any hour other than that designated in the
16 applicatio~ for such moving permit and approved by the Police
17 Department of the City, unless they shall first have obtained the
18 approval of said Police Department to such variation of route or
19 hours as has been previously approved in said application.
20 ~I It shall be unlawful for any person v.bo moves,
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21 or causes to be moved, any building or structure, or section or
22 portion thereof, over, upon, along or across any street in the Cit
23 to fail, neglect or refuse to keep red lights burning at all times
24 between sunset and sunrise at each corner of said building and at
26 spaces approximately eight feet apart along each side and end of s
26 building, while the same, or any portion thereof, projects into, 0
27 is located in or upon any street in the City of Seal Beach.
28 ~: All house moving dolly wheels shall be equipped
29 with rubber tires of the width and thickness as now, or hereafter
SO set forth in the Vehicle Code of the State of California.
31 SECJ~ON 20: Any person, firm or corporation violating any
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32 of the provisions of this Ordinance shall be deemed guilty of a
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1 misdemeanor and upon conviction thereof shall be punished by a fine
2 not to exceed $300.00 (Three Hundred Dollars), or by imprisonment
3 in jail for a period not exceeding three months, or by both such
4 fine and imprisonment; and each such person, firm or corporation
5 shall be deemed guilty of a separate offense for each day during
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6 any portion of which the violation of, or failure, neglect or refus 1 j
7 to compl~ with any of the provisions of this Ordinance is cODDlli tted
8 contiaued or permitted.
9 ~I If any section, sub-section, sentence, clause or
10 phrase of. this ~inance ~s for any reason held to be invalid or
11 unconsti~ttional, such decision shall n~t affect.the validity of
12 the.remaining portions of the Ordinanc!. The City Council of the
13 City of Seal Beach hereby declares that it would have p~s~ed, this
14 Ordin~nce, a~ e~~h sec~~on, sub-section, s~~tence, clau.., and
15 phrase thereof, irrespective ~f the fact that anyone or more other
16 ~ections, sub-sectio~~, s.n~ences, clauses or phrases be declared '
17 invalid or,unconstitutional.
18 ~~ The Ci~y C?lerk shall certify to the passage of
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19 this Ordin~nce by the City Council of the City of Seal Beach and
20 shall cause the same to be published once in the ~ BEACH POST
21 ~. WA~, a newspaper of ~eneral circulati~n printed, published and
22 circu~ated in the City of Seal Beach, and it shall take effect
23 thirty days after its final passage and adoption.
24 Passed, approved and adopted by the City Council
25 of Seal Beach at a regular meeting
26 of ~~ {irf(.l:-' It'{....";!.-
of the City
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thereof held on the
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ATTEST:
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CITY a.ERK
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1 State of California ))
County of Orange ' ss.
2 City of Seal Beach )
:3. I.F.W. HICI<MAN, City'Clerk of,the City of Seal Beach and
e~officlo clerk of the City Councll.'do hereby certify that the
4 foregoing' and attached Ordinance was finally passed, approved and
adopted by the'Citr Council of the City of Seal Beach at a regular
5 meeting tnereof he d on the "@day of "'__Yo 1954. by the follow-
ing vote: M~\l.-i Iq.S\l
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Ayes, Councilmen /."fIllIl'''Q J../iAfI"'~/) J:J.4.NAUN. t!.4/.IIIJ c.~It.~
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