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; •
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(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;
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(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.
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(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.
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City Clerk