HomeMy Public PortalAboutOrd. 08931 ORDINANCE No. 893
2 AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING
3 SECTION 8.26, 8.29, 8.30, 8.31, 8.32, 8.33,
4 8.34> 8.35, AND 8.36 oF THE LYNwooD CITY CoDE
5 RELATIVE TO RELOCATION PERMITS FOR BUILDINGS
6 AND STRUCTURES AND REPEALING SECTIONS 8.37,
7 8•38, 8.39 AND 8.4o OF THE LYNWOOD CITY CODE.
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9 The City Council of the City of Lynwood does hereby
10 ordain as follows:
11 Section l. Section 8.26 of the Lynwood City Code is
12 amended as follows:
13 "Relocation Permit Required. No 'housemovers permit'
14 shall be issued until the building official has first issued to
15 the owner of the premises to which the building is to be moved a
16 'relocation permit' to relocate the building on those particular
17 permises. No 'relocation permit' shall be required if the
18 building or structure is to be moved to a place located outside
19 of the city or if the building or structure is to be used by a
20 governmental agency for a governmental purpose."
21 Section 2. Section 8.29 of the Lynwood City Code is
22 amended as follows:
23 "No person shall relocate any building or structure,
~ for which a building permit would otherwise be required for its
25 initial construction pursuant to the provisions of the Uniform
26 Building Code and the Lynwood City Code without first obtaining a
27 permit as required by Section . Nothing in this article
28 shall be deemed to have repealed or amended Section 301 of the
29 Uniform Building Code, except that the 'housemover's permit'
'relocation
30 referred to in this article and the / permit' as pertainin
31 to the moving of a building referred to in Section 301 of the
32 Uniform Building Code may, in the discretion of the building
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1 official , be combined in a single permit."
2 Section 3. Section 8.30 of the Lynwood City Code is
3 amended as follows:
4 "Application. The building official shall prepare
5 appropriate application forms and shall make the same available
6 to the public. Every application to relocate buildings or
7 structures shall be submitted to the Building Department in
8 writing and shall set forth such information as may reasonably
9 require the department to carry out the purpose of this division.
10 Section 4. Section 8.31 of the Lynwood City Code is
11 amended as follows:
12 "Fees. (a) A filing and processing fee in the sum of
13 $75.00 for each main building or structure shall be paid when the
14 application is filed, plus additional fees as follows: $20.00
15 for each dwelling unit within the building, $20.00 for each
16 accessory structure, and $1.00 per mile for each mile beyond the
17 city limits to the existing location. No portions of the fees
1$ shall be refundable.
19 "(b) Permit fees for the placement and reconstruction
20 of moved in buildings shall be as determined from the valuation
21 criteria and paid in like manner as for initial new construction.
22 Section 5. Section 8.32 of the Lynwood City Code is
23 amended as follows:
24 "No permit shall be issued to relocate any building
25 or structure which:
26 "1. Will be an unsafe building as defined by the
27 Uniform Building Code, in its proposed location.
28 "2. If a dwelling or structure for human habitation be
Qy unfit for such use.
30 "3• If it be a building already contai.ning several
31 dwelling units, or designed for occupancy by several families,
32 or if it be one of a group of dwellings for which relocation
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1 permits have been applied for, on the same lot or parcel of land,
Q or on adjacent lots or parcels of land, or if it be one of a
3 group of dwellings in close proximity to one another for which
¢ relocation permits have been applied for, and it should appear
5 that the health, safety, morals or the general welfare of the
g public and an applicable portion of thepublic would be injured by
7 any of the following:
$ "(a) Anticipated increase in density of population.
g "(b) Anticipated appreciable increase in traf£ic
10 hazards and slowdown of traffic flow due to narrow streets, or
11 ~he design or layout of streets inadequate to accommodate
12 increased traffic flow,
13 "~c) Anticipated conditions acting as an economic
14 depressant to the area.
15 "~. If the proposed use is prohibited by law.
16 "5• An existing condition of substandard dwellings in
17 a neighborhood would be materially aggravated thereby."
1g Section 6. Section 8.33 of the Lynwood City Code is
19 amended as follows:
QQ "Conditions attached to Permit. If the decision of the
21 building official is to deny the permit and the applicant perfects
~ an appeal, or if the decision of the building official is to grant
2g the permit, the Planning Commission in making its decision may
~ attach such appropriate conditions as are not in violation of law,
25 in granting the relocation permit. Such conditions shall be made
26 and resolved pursuant to the guidelines set up in Section 8.32.
Q7 Provided, however, that there shall be included in every
Q$ relocation permit a clause that work of relocation must be
2g commenced within 45 days from the date the moving permit is
30 granted and the building or structure shall be completely
31 relocated and all work required by the building official
32 pursuant to all codes and city ordinances and all conditions
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1 imposed by the Planning Commission, if any, complied with
2 within 120 days from the date the moving permit is granted. The
3 period herein specified within which the work shall be commenced
4 sha11 not be subject to extension. The applicant may file an
5 application for an extension of the 120 day period for
6 completion with the building official not less than 15 days prior
7 to the 120th day from the date the housemovers permit as required
8 by Section 8.22 of this code was granted, for an extension thereof
9 provided, however, that the only grounds upon which the building
10 official shall grant an extension are strikes, inclement weather,
11 earthquakes, fires or critical shortages of material or labor.
12 The period o£ any extension granted shall be within the discretion
13 of the building of£icial, but shall in no case exceed 90 days, and
14 provided further that no extension shall be granted without the
15 approval in writing of the surety on the relocat~.on bond."
16 Section 7. Section 8.34 of the Lynwood City Code is
17 amended as follows:
18 "Procedure. Upon the filing of the application, plus
19 payment of fees and submittal of appropriate information, the
20 building official shall cause said application to be acted upon.
21 The applicant may amend the application to meet the requirements
22 of the building department.
23 "If the application is not summarily denied, the
24 building of£icial shall forthwith notify the property owners of
25 the land within 300 feet of the proposed relocation and that they
26 may object thereto by filing writien objections with the departmen
27 during the 10 days following the date o£ notice and their right
28 of protest. Upon completion of investigation and processing, or
29 upon the expiration of the time allowed for £iling objections, the
30 building official shall forthwith consider all the facts and shall
31 either deny the application or make a recommendation to the
32 Planning Commission that the application be granted as hereinafter
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1 provided. If the recommendation of the building official is to
2 grant the application, his decision shall be advisory to the
3 Planning Commission only. The building official shall prepare
4 a written report setting forth a summary of the pertinent facts
5 involved and his recommendation, and shall file said report and
s recommendation with the Secretary of the Planning Commission.
7 Upon filing of such report and recommendation, notice o£ a
$ hearing shall be given and the Secretary of the Planning
9 Commission and the Planning Commission shall take such action as
10 is provided for in Section 10 (b), except that it shall be
11 understood that the owners to whom notice shall be given are not
12 the appellants."
13 Section 8. Section 8.35 of the Lynwood City Code is
14 amended as follows:
15 "Conditions of Permit. Before any permit to relocate
16 any building shall be issued there shall be deposited with the
17~~City a performance bond in an amount determined necessary by the
18 building official to assure compliance l~ith the provisions of this
19 code. The bond shall have an effective date not later than 80 day
20 from the date the application for a relocation permit is filed.
21 The bond, which shall be in form, joint and several, shall name
22 the City as obligee and shall be conditioned that work of relocati
Q3 shall be commenced within 45 days and all work required must be
~¢ fully performed and completed within 120 days after the date
25 of the issuance o£ the hotisemover's permit as required by Section
26 8•22 of this Code.
27 Section 9. Section 8.36 of the Lynwood City Code is
28 amended as follows:
29 "Default. Whenever the principal on the bond defaults
30llin the perfor:nance, the Building o£ficial shall give notice to
31IIthe principal and the surety stating the items which have not
32 II /////////////////
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1 been complied with and the period of time deemed to be reasonably
2 necessary for the completion of such work. After receipt of a
3 notice of default, the surety, within the time specified, shall
4 cause the required work to be performed. When any default has
5 occurred on the part of the principal, the surety shall have the
6 option, in lieu of completing the work, to demolish the building
7 and to clear and restore the site. Nothing herein shall be
8 deemed to waive any other legal remedies the City of Lynwood may
9 have under the bond."
10 Section i_0. Section 8.37 of the Lynwood City Code is
ii amended as follows:
12 "Appeal. (a) Any person who deems himself aggrieved
13 by any act of or determination of the building official may
14 appeal to the Planning Commission during the five-day period
15 immediately after the building official has given notice to the
16 applicant,by serving him personally as by registered or certified
17 mail written notice of his decision. The notice of appeal will
18 be sufficient form if it contains the names and addresses of
19 the appellants and states that the appeal is from the action of
20 the building official in denying the application for a permit.
21 The building official shall reduce his decision to writing and
22 the building o£ficial shall state in his decision his reasons for
23 denying the permit. The building official shall forthwith send
~1 the Notice of Appeal with a copy of the application and his
25 written decision to the Secretary of the Planning Commission.
26 "(b) The Secretary of the Planning Commission shall
27 forthwith set the matter for a hearing before the Planning
28 Commission at a regular meeting to be held not less than 10 days
29 or more than 35 days after the date of filing the notices of the
30 time and place of the hearing, addressed to the applicant and to
31 the property owners who have filed the appeal, said notices to be
32 mailed at least five (5) days prior to the date of the hearing.
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1 "(c) At the time and place of hearing, the Planning
2 Commission shall consider the application, the report of the
3 building r~fficial and the objections thereto and shall hear such
4 evidence as may be offered. The Planning Commission shall
5 thereupon grant or deny the application subject, however, to
s Sections 8.32 and 8.33, or impose conditions upon the granting
7 of the application as it may deem proper."
$ Section 11. The City Clerk shall certify to the
9 adoption of this ordinance and cause the same to be published in
10 the Lynwood Press, a newspaper printed, published, and circulated
ri in the City of Lynwood.
12 First read at a regular meeting of the City Council o£
13 said City held on the 15th day of June, 1971, and finally
14 adopted and ordered published at a regular meeting of said
15 Council held on the 6th day of July, 19~1, by the following vote:
16 Ayes: Councilmen Byork, Green, Liewer, Siokos, Steven;
17 Noes: Councilmen None
j$ Absent: Councilmen None.
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Mayor e City of Lynwood
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ATTEST:
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23 ~~~~~~._, ~ •,.`~ r%',~;
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City~'Clerk, City o~f Lynwo`od
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STATE OF ~ALIFORNIA )
. ss.
COUNTY Ob' LOS ANGELES j
I, the undersigned, City Clerk of the City of
Lynwcod, and ex-officio clerk of the Council of said
city, do h~^eoy certify that the above is a true and
cor ecr; cop;~ of` Ordinance Nc.893 adopted by the City
C~un:•_1 .-P T,h~ City of` Lynwood, and that same was passed
or. ~i;e ia~--e and by the vote therein stated.
Dat,ed this 7th day of July , 1971
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~~Cr'.C~GZt~i a~ •~~--~~'~~ =~~` -',
CITY CLERK, CITY OF LYNWOOD