HomeMy Public PortalAboutOrdinance 667ORDINANCE NO. 667
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT REPEALING CHAPTER 15.28 OF THE
BEAUMONT MUNICIPAL CODE AND ADDING CHAPTER 15.28,
DEALING WITH MOVING BUILDINGS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
STATE OF CALIFORNIA, AS FOLLOWS:
SECTION 1: Chapter 15.28 is hereby repealed.
SECTION 2:
Sections:
15.28.010
15.28.020
15.28.030
15.28.040
15.28.050
15.28.060
15.28.070
15.28.080
15.28.090
15.28.100
Chapter 15.28 is added to read
Chapter 15.28
MOVING BUILDINGS
Definitions.
Permit --Required.
Permit --Application.
Deposit for expense to City.
General deposit.
Duties of Building Inspector.
Duties of permittee.
Enforcement.
Duration of permit.
Violation --Penalty.
as follows:
15.28.010 Definitions. For the purposes of this Chapter
the following terms, phrases, words, and their derivations shall
have the meaning given in this Section. 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.
A. "Building" is a structure designed, built or occupied as
a shelter or roofed enclosure for persons, animals or property
and used for residential, business, merchantile, storage,
commercial, industrial, institutional, assembly, educational or
recreational purposes.
B. "Community Development Director" and "Building
Inspector" refer to the officials of those titles in this City or
their designees.
C. "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
15.28.020 Permit --Required. No person shall relocate or
move any building without first obtaining a moving permit from
the Community Development Director. The fee therefor shall be
two hundred dollars ($200.00) or such greater amount as shall
hereafter be set by Resolution of the City Council of the City of
Beaumont.
15.28.030 Permit -Application. A person seeking issuance of
a permit under this Chapter shall file an application for such
permit with the Community Development Director.
A. Form. The application shall be made in writing, upon
forms provided by the Community Development Director, and shall
be filed in the office of the Community Development Director.
B. Contents. The application shall be set forth:
1. The description of the building proposed to be moved
giving street number, construction materials, dimensions, number
of rooms and condition of exterior and interior;
2. A legal description of the lot from which the
building is to be moved, giving the lot, block and tract number,
if located in the City;
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3. 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;
4. The portion of the lot to be occupied by the
building when moved;
5. The highways, streets and alleys over, along or
across which the building is proposed to be moved;
6. Proposed moving date and hours;
7. Any additional information which the Building
Inspector shall find necessary to a fair determination of whether
a permit should be issued.
C. Accompanying Papers.
1. 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.
2. Certificate of Ownership or Entitlement. The
applicant, if other than the owner, shall file with the
application a written statement or bill of sale signed by the
owner, or other sufficient evidence, that he is entitled to move
the building.
15.28.040 De•osit for ex•ense to Cit . Upon receipt of an
application it shall be the duty of the Community Development
Director to procure an estimate of the expense that will be
incurred for inspecting the building and route of moving before
and after removal, and in removing and replacing any electric
wires, street lamps, or pole lines belonging to the City or any
other property of the City, the removal and replacement of which
will be required 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 Community Development Director shall require
of the applicant a deposit of a sum of money equal to twice the
amount of the estimated expense.
15.28.050 General deposit. Any person filing an
application under this Chapter, 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 of any of the work
permitted under such permit public liability insurance of not
less than five hundred thousand dollars ($500,000) for any one
person and one million dollars ($1,000,000) for any one accident,
and property damage insurance of not less than three hundred
thousand dollars ($300,000), duly issued by an insurance company
authorized to do business in this State.
15.28.060 Duties of Building Inspector.
A. Inspection. Upon notice from the Community Development
Director that the application is complete and fees have been
paid, the Building Inspector shall inspect the building and the
applicant's equipment to determine whether the standards for
issuance of a permit are met and shall make a written report
thereon to the Community Development Director, including a report
of time and mileage incurred in making the inspection.
B. Standards for Issuance. The Community Development
Director shall refuse to issue a permit if he finds, based on his
observations and the report of the Building Inspector:
1. That any application requirement or any fee or
deposit requirement has not been complied with;
2. That the building is too large to move without
endangering persons or property in the City.
3. 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;
4. That the building is structurally unsafe or unfit
for the purpose for which owned, if the removal location is in
the City;
5. That the applicant's equipment is unsafe and that
persons and property would be endangered by its use;
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6. That zoning or other ordinances would be violated by
the building in its new location;
7. That for any other reason persons or property in the
City would be endangered by the moving of the buildings.
C. Fees and Deposits.
1. Deposit. The Community Development Director shall
deposit all fees and deposits, and all bonds or insurance
policies, with the City Finance Director.
2. Return Upon Nonissuance. Upon his refusal to issue
a permit, the Community Development Director shall return to the
applicant after deduction of inspection costs all deposits, bonds
and insurance policies. Permit fees filed with the application
and inspection costs shall not be returned.
3. Return Upon Allowance for Expense. After the
building has been removed, the Community Development Director
shall furnish the City Manager with a written statement of all
expenses incurred for inspections and in removing and replacing
all property belonging to the City, and of all material used in
the making 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 City Manager shall authorize the
Community Development Director to return to the applicant all
deposits, after deducting the sum sufficient to pay for all of
the costs and expenses and for all damage done to property of the
City by reason of the removal of the building. Permit fees
deposited with the application shall not be returned.
D. Designate Streets for Removal. The Community
Development Director shall procure a list of designated streets
over which the building may be moved. The Community Development
Director 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 Community Development Director and the
Chief of Police shall act to assure maximum safety to persons and
property in the City and to minimize congestion and traffic
hazards on public streets.
15.28.070 Duties of permittee. Every permittee under this
Chapter shall:
A. Use Designated Streets. Move a building only over
streets designated for such use in the written permit;
B. Notify of Revised Moving Time. Notify the Community
Development Director in writing of a desired change in moving
date and hours as proposed in the application;
C. Notify of Damage. Notify the Community Development
Director in writing of any and all damage done to property
belonging to the City within twenty-four (24) hours after the
damage or injury has occurred;
D. Display Lights. Cause red lights to be displayed during
the night time on every side of the building, while standing on a
street, in such a manner as to warn the public of the
obstruction, and shall at all times erect and maintain barricades
across the streets in such manner as to protect the public from
damage or injury by reason of the removal of the building;
E. Street Occupancy Period. Remove the building from City
streets after four (4) days of such occupancy, unless an
extension is granted by the City Manager;
F. 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;
G. Pay Expenses of Officer. Pay the expense of a Traffic
Officer ordered to accompany the movement of the building to
protect the public from injury;
H. Clear Old Premises. Remove all rubbish and material and
fill all excavations to existing grade at the orignal building
site so that the premises are left in a safe, sanitary and
sightly condition. Such clearing shall be completed no later
than sixty (60) days following such removal;
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I. Remove Service Connection. See that the sewer line is
plugged with a concrete stopper. The permittee shall notify the
gas, electric and water service companies to remove their
services;
J. 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 fully licensed as such by the State.
15.28.080 Enforcement.
A. Enforcing Officers. The Community Development Director,
the Building Inspector and the Police Department shall enforce
and carry out the requirements of this Chapter.
B. Permittee Liable for Expense above Deposit. The
permittee shall be liable for any expense, damages or costs in
excess of deposited amounts or securities, and the City Attorney
shall prosecute an action against the permittee in a court of
competent jurisdiction for the recovery of such excessive amount.
C. Original Premises Left Unsafe. The City shall proceed
to do work necessary to leaving the original premises in a safe
and samitary condition, where the permittee does not comply with
the requirements of this Chapter, and the cost thereof shall be
charged against the general deposit.
15.28.090 Duration of permit. All work pursuant to a
permit issued for the removal of a building as set forth in this
Chapter shall be completed within one hundred twenty (120) days
from the date of the issuance of the permit. If such work is not
completed within such time limitation, a new permit shall be
required.
15.28.100 Violation --Penalty. Any person, firm or
corporation violating any of the provisions of this Chapter shall
be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in an amount not exceeding five hundred dollars
($500.00) or be imprisoned in the County Jail for a period not
exceeding sixty (60) days or be both so fined and imprisoned.
Each day such violation is committed or permitted to continue,
shall constitute a separate offsense and shall be punishable as
such under this Chapter.
law.
SECTION 3: This Ordinance shall take effect as provided by
PASSED AND ADOPTED on this 14Tx day of November , 1988,
upon the following roll call vote.
AYES: Council Member Bauer, Connors, Shaw, Waller and Mayor Partain.
NOES: None.
ABSTAIN:None.
ABSENT: None.
ATTEST:
CITY CLERK
APPROVED AS TO FO
CITY ATTORNEY
MA
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OF THE CITY OF BEAUMONT
CERTIFICATION
I, Robert J. Bounds, City Clerk of the City of
Beaumont, DO HEREBY CERTIFY that the foregoing Ordinance was
introduced at a regular meeting of the City Council of said City
held on October 2q , 1988, and was duly adopted upon second
reading on November 14 , 1988, upon the following roll call
vote:
AYES:
NOES:
Council Member Bauer, Connors, Shaw, Waller and
Mayor Partain.
None.
ABSTAIN: None.
ABSENT: None.
CITY CLERK, CITY OF BEAUMONT