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HomeMy Public PortalAboutOrdinance 399ORDINANCE NO. 399 AN ORDINANCE AMENDING ORDINANCE NO. 282, REGULAT- ING THE MOVING OF BUILDINGS OVER, ALONG OR ACROSS HIGI-WAYS, STREETS ANI` ALLEYS IN THE CITY OF {EAUMONT; PROVIDING FOR PROTECTION TO THE CITY FROM D.AMAGrs ARISING OUT OF SUCH OPERATION; AUTHORIZING THE CITY BUILDING INSPECTOR TO ISSUE P 'RMITS;•PROVIDING FOR ENFORCEMENT; AND PRESCRI3ING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; ANr RFPFALING ORDINANCE NO. 297 AND ALL OTHER ORrINANCES AND PARTS THEREOF IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Definitions. For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word :"shall" is always mandatory and not merely directory. (1) "Building" is a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure of the following dimensions shall not fall within this definition: (2) "Building Inspector" is the Building Inspector of the City of Beaumont, California. (3) "City" is the City of Beaumont, California. (4) "Person" is any person, firm partnership, association, corporation, company or organization of any kind. SECTION 2: Permit Required. No person shall relocate or move any building without first obtaining a moving permit from the Building Inspector. The fee therefore shall be $10.00. Where the Relocation is to take place within the corporate limits of the City of Beaumont, the permittee shall pay, in addition to the foregoing permit fee, those expenses attendent to obtaining the approval of the Planning Commission in the sum of $20.00. S'CTION 3: Application. A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector. (1) Form. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector. (2) Contents. The application shall set forth: (a) A description of the building proposed to be moved giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior; (b) A legal description of the lot from which the building s to be moved, giving the lot, block and tract number, if located in le City; • 1 (c) A legal description of the lot to which it is proposed such building be removed, giving lot, block and tract number, if located in the City; (d) The portion of the lot to be occupied by the building when moved; (e) The highways, streets and alleys over, along or across which the building is proposed to be moved; (f) Proposed moving date and hours; (g) Any additional information which the Building Inspector shall find necessary to a fair determination of whether a permit should be issued. (3) Accompanying Papers. (a) Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any encumbrances and that all taxes and any city charges against the same are paid in full. (b) Certificate of Ownership or Entitlement. The applicant, of other than the owner, shall file with the application of a written statement or b511 of sale signed by the owner, or other sufficient evidence, that he is entitled to move the building. SECTION 4: Deposit for Expense to City. Upon receipt of an application it shall be the duty of the Building Inspector to procure from the Department of Building and Safety an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging to the City or any other pro- perty of the City, the removal and replacement of which will be re- quired by reason of the moving of the building through the City, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit the 'ui1ding Inspector shall require of the supplicant a deposit of a sum of money equal to twice the amount of the estimated expense. 'FCTION 5: General Deposit. Any person filing an application hereunder, prior to the commencement of any removal, shall furnish to the City satisfactory evidence in writing that the permittee has in force and will maintain in force at all times during the performance ,f any of the work permitted under such permit public liability insurance of not less than $100,000.00 for any one person and $300,000. for any one accident, and property damage insurance of not less than $50,000.00, duly issued by an insurance company authorized to do business in this State. FrCTI1N 6: ruties of Building Inspector. (1) Inspection. The Building Inspector shall inspect the build- ing and the applicant's equipment to determine whether the standards for issuance of a permit are met. (2) Standards for Issuance. The Building Inspector shall refuse to issue a permit if he finds: (a) That any application requirement or any fee or deposit requirement has not been.complied with; (b) That the building is too large to move without endanger- ing persons or property in the City; 2 (c) That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City; and that the building is found not to be free of termites. (d) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City; (e) That the applicant's equipment is unsafe and that persons and property would be endangered by its use; (f) That zoning or other ordinances would be violated by the building in its new location; (g) That for any other reason persons or property in the City would be endangered by the moving of the buildings. (3) Fees and Deposits. (a) Deposit. The Euilding Inspector shall deposit all fees and deposits, and all bonds or insurance policies with the City Treasurer. (b) Return upon non -issuance. Upon his refusal to issue a permit the Ruildi.ng Inspector shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned. (c) Return upon allowance for expense. After the building has been removed the Building Inspector shall furnish the City Manager with a. written statement of all expenses incurred in removing and replacing all property belonging to the City, and of all material used in the m-aking of the removal and replacement together with a statement of all damage caused to or inflicted upon property belonging to the City. Provided however, that if any wires, poles, lamps or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The City Manager shall authorize the Building Inspector to return to the ippli.cant all deposits after the City Treasurer deducts the sum suf- ficient to pay for all of the costs and expenses and for all damage None to property of the City by reason of the removal of the building. Permit fees deposited with the application shall not be returned. (4) resignate Streets for Removal. The Building Inspector shall procure from the Department of Fuilding and Safety a list of designated streets over which the building may be moved, The Build- ing Inspector shall have the list approved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations the Department of Building .and Safety and the Chief of Police shall act to assure maximum safety to persons and property in Lhe City and to minimize congestion and traffic hazards on public streets. SSECTION 7: ruties of Permittee. Fvery permittee under this Ordinance shall: (1) Use designated Streets. Move a building only over streets designated for such use in the written permit. (2) Notify of Revised Moving Time. Notify the Building Inspector in writing of a desired change in moving date and hours as proposed in the application. (3) Notify of Damage. Notify the Building Inspector in writing of any and all damage done to property belonging to the City within 24 hours after the damage or injury has occurred. - 3 - (4) Pisplay Lights. Cause red lights to be displayed during the night time on every side of the building, while standing on a street, in such manner as to wan the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such ar nner as to protect the public from damage or injury by reason of the removal of the building. (5) Street Occupancy Period. Remove the building from City Streets after four days of such occupancy, unless an extension is granted by the City Manager. (6) Comply with Governing Law. Comply with the Building Code, the Fire Zone, the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the City. (7) Pay Expense of Officer. Pay the expense of a traffic officer ordered by the Iiu.lding Inspector to accompany the movement of the building to protect the public from injury. (8) Clear Old Premises. Remove all rubbish and material and fill all excava.ti.ons to existing grade at the original building site so that the premises are left in a iafe, sanitary and sightly condition. Such clnnring shall be completed no later than sixty days following such removal. (9) Remove Service Connection. See that the sewer line is plugg- ed with a concrete stopper. Permittee shall notify the gas, electric and water service companies to remove their services. (10) Use Licensed Contractor. Where a building or structure while in the process of being moved must be moved on, over or across a public thoroughfare, it may be moved only by a contractor duly licensed as such by the State of California. SECTION 8: Enforcement. (1) Enforcing Officers. The Building Inspector, the Police eepnrtment and the Cepartment of Building and Safety shall enforce d carry out the renuirements of this Ordinance.' (2) Permittee Liable for Expense above Deposit. The Permittee be liable for any expense, damages or costs in excess of deposit- ^.mounts or securities, and the City Attorney shall prosecute an t._•,'.on against the permittee in a court of competent jurisdiction for recovery of such excessive amount. (3) Original Premises Left Unsafe. The City shall proceed to do work necessary to leaving the original premises in a safe and sanitary condition, where permittee does not comply with the requirements of this Ordinance, and cost thereof shall be charged against the General '''posit. SECTION 9: Notice. All property owners within a radius of 300 feet from the location, if within the City of Beaumont, to which such relocated building is proposed to be moved shall be notified and a public hearing shall be held concerning the said relocation of a building, upon proper notice, within 20 calendar days following the filing of the application for the permit herein referred to, before the Planning Commission of the City of Beaumont. If 25 percent er more, by number of the property owners within said radius of 300 feet protest the granting of such permit the Planning Commission shall then recommend the issuance of such permit only if by unanimous vote of said Planning Commission. The said recommendation shall then be pre- sented to the City Council for their approval, rejection or modification. SECTION 10: Duration of Permit. All work pursuant to a permit issued for the removal of a building as herein set forth shall be completed within 120 days from the date of the issuance of said permit. If such work is not completed within such time limitation a new permit shall be rehuired. SECTION 11: Penalties. Any person, firm or corporation violat- ing a.ny of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 or be imprisoned in the county jail for a period not exceeding 60 days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue, shall con- stitute a separate offense and shill be punishable as such hereunder. SECTION 12: Separability. If any section, subsention, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent pro- vision and such holding shall not affect the validity of the remain- ing portions hereof. SECTION 13: Ordinances Repealed. Ordinance No. 297 and all other Ordinances and parts thereof in conflict with the provisions of this Ordinance are hereby repealed. SECTION 14: The City Clerk shall certify to the passage and adoption of this Ordinance and shall the same to be published once in the Record -Gazette, a newspaper of general circulation, in the City of '?eaumont and this Ordinance shall be in full force and effect thirty days after its adoption. PASSEr AND AF0PTEr this 10th day of December, 1968. Mayor of the City California. STT^ ST : /tIl,x • ! oma[ Y ` C"` zy Clerk of the City of Beaumont, iforn1a i&TE OF CALIFORNIA) COUNTY OF RIVFRSIDE)SS CITY OF BEAUMONT ) f Beaumont, I, Mae B. Goularte, City Clerk of the City of Beaumont, California, .£o hereby certify that the foregoing Ordinance No. 399 was introduced and retie It a Regular Meeting of the City Council of said City duly "...field on the 2fth day of November, 1.168, and that the same was duly paqqed and adopted at a regular meeting held on the 10th day of recember, 10f8, by the following vote: AY" ARSFNT : Councilman None. Councilman (SEAL) Rodeman, Kief, 7.1ightower and Haskell. M,con. 5 City Clerk