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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BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA, AS FOLLOWS: SECTION 1: Chapter 15.28 is hereby repealed.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; -1- 10/25/88 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; -2- 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; -3- 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 -4- 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