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HomeMy Public PortalAboutOrd. 0712, ORDINANCE N0, 712 AN ORDINANCE OF THE CITY OF LYNWOOD REGULATING THE RELOCATION AND MOVING OF BUILDINGS, AND REPEALING ORDINANCES NUMBERED 432 AND 507 OF SAID CITY, Section l. Buildings Classified. For the purposes of this ordinance, buildings or struetures to be moved will be classifi¢1 as follows: Class A. Any building moved on a motor truck, Class B. Any building which, when load.ed on houae moving dollies or rollers, does not exceed twenty-two feet (22~) in height or thirty feet (30~) in wid.th. Class C. Any building which, when loaded on house moving dollies or rollers, is more than twenty-two feet (22L) in height, but does not exceed twenty-eight feet (28=) in height or is more than thirty feet (30=) in wid.th, but does not exceed.forty feet (40~) in width. C1ass D. Any building which, when load.ed on house moving d.ollies or rollers, exceeda twenty-e3ght feet (28~r) in height or exceeds forty feet (40!~) in width. Section 2. Permits Required. (a) No person shall move any building or atructure or any portion thereof over, upon, along, or acroas any public street, alley, or sidewalk without a written permit therefor from the Building Inspector, Such permit shall be referred to as a"House Mover~s Permit." (b) No person shall relocate any build.ing or 8tructure or any portion thereof tz~on any premises in the City of Lynwood., without a permit from the City Manager. Such permit may be referred to as a "Relocation Permit." Nothing herein shall be deemed. to have repealed. or amended Section 301 of Uniform Building Code, Ordinance No. 682, except that the "House Mover~s Permit" referred. to in this section and the "building permit" as pertaining to the moving of a building re£erred to in -1- Section 301 of the Uniform Build.ing Code may , in the discretion of the Build.ing Inspector, be combined. in a single permit. Section 3. House MoverZs Permit - Relocation Permit Required.. No "House Mover~'s Permit" shall be issued until the City Manager has first issued to the owner of the premises to which the building is to be moved a"Relocation Permit" to relocate the particular build.ing upon those premises. No "Relocation Permit" shall be required if the building or structure is to be moved to a place located. outsid.e of the limits of the City of Lynwood or if the build.ing or structure is to be used by a governmental agency for a governmental purpose. Section 4. Relocation Permit - Application. Every agplica- tion to the City Manager for a Relocation Permit shall be in writing upon a form furnished by the City, and shall set forth such information as the City Manager may reasonably require in ord.er to carry out the purposes of this ordinance. Section 5. Relocation Permit Objections - Hearing. Upon the filing of every relocation application with the City Manager of the City of Lynwood, the City Manager shall forthwith give notice of the time and place of such hearing by causing a notice by £irst-class mail, postage prepaid, to be mailed to all persons whose names and. addresses appear on the latest available assessment roll of the County of Los Angeles as owning property within a d.istance of three hundred £eet (300~) from the exterior boundaries of the proposed relocation site, and shall cause notice thereof to be posted. in a conspicuous place on the property to which it is proposed. to move such build.ing, such notice to be headed "Notice of Proposed Building Relocation,'~ in letters not less than one inch (1") in height setting forth the £act of the application and stating that any person or persons having objection to such relocation shall file written notice of sueh ob~ection with the City Manager on or before the fifteenth (15th) day following the first posting of such notice. In the event no written ob~ect3ons are filed, the City Manager shall issue such relocation permit in accordance with the terms of this ordinance, provid.ed. such -2- application meets all the terms hereof. In the event written objection to such relocation is filed. as herein prescribed by any interested. person, the City Manager shall then forthwith cause such application to be referred. to the Planning Commission for hearing, The Secretary of the Planning Commission shall thereupon set a time and. place for a public hearing of such relocation application, and at least five (5) days before the hearing the Secretary of the Planning Commission shall cause a notice thereof to be mailed to all persons filing written ob~ections to the application. At the time and. place fixed for the hearing on the application, the Planning Commission shall hear the same and the protests thereto, and upon the evidence and other matters brought to its attention during the hearing, shall take such action as in its opinion is ind.icated. by such evidenee and. other matters brought to its attention during the hearing. Section 6. Relocation Permit - When May not be Issued. No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be d.angerous, or which is infested with pests, or unsanitary, or which, if it be a dwelling or hab3tation, is unfit for human habitation, or which is so dilapidated, defective, unsightly, or in such a condition of deterioration or dis- repair that its relocation at the proposed site would. cause appreciable harm to or be materially detrimental to the property or improvement in the district within a radius of three hundred.feet (300~') from the pro- posed site or if the proposed use is prohibited by law. Provided, however, that if the condition of the build.ing or structure, in the ~ud.gment of the Building Inspector, if no ob~ections to the application have been filed, or the Planning Commission, if ob~ections have been filed and have not been withdrawn, permits of practicable and effective repair, the permit may be issued subject to appropriate cond.itions as hereafter provided, The ~udgment or opinion o£ the Building Inspector hereinabove referred. to shall be in writing and filed with the City Manager. Section 7. Relocation Permit - Issuance, If the granting of -3- a permit is not prohibited. by Section 6 and no ob~ections to the application have been filed, the City Manager, or, if ob~ections have been filed, the Planning Commission, may cause a relocation permit to be issued, and in authorizing sueh permit, may impose sueh conditions and terms as may be d.eemed reasonable or proper, including but not limited to the requirement of change, alterations, additions, or repairs to be made to or upon the building or structure to the end that the relocation wi11 not be materially detrimental to public welfare or to the property and improvements, or either, in the d.istrict within a radius of three hundred feet (300=) of the exterior boundaries of the propased. site to which it is moved. Section 8. Relocation Permit - Bond Required. No Relocation permit shall be issued. unless the applicant therefor shall first post with the Building Inspector a bond executed by the owner of the premises where the build.ing or structure is to be located, as principal, and by a surety company authorized to do business in this State as surety. The bond., which shall be in form, joint and. several, shall name the City of Lynwood. as obligee and shall be in an amount equal to the cost, plus ten (10) per cent of the work required to be done in order to comply with all the conditions of such Relocation Permit. In lieu of a surety bond, the applicant may post with the City Clerk a bond executed by the said owner as prineipal and. which is secured by a deposit of cash in the amount named. above and cond.itioned. as required in the case of a surety bond; such a bond as so secured. is hereinafter called a"cash bond." for the purpose of this section. No bond, however, need be posted. in any case where the City Manager, if no ob~ections to the application have been filed, or the Planning Commission, if objections to the application have been filed., shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied. business premises of a house mover, or that of moving a building to adjacent property of the same owner; but the exception herein made shall not apply unless the C3ty Manager, or the Planning Commission, whichever one has ~urisdiction hereunder, further -4- finds that no such security is necessary in ord.er to secure compliance with the requirements of this ordinance. Section 9. Relocation Permit Bond - Conditions. Every bond posted. pursuant to this section shall be conditioned as follows: (a) That each and. all of the terms and conditions of the Relocation Permit shall be complied with to the satis£action of the City Manager. (b) That all of the work required to be done pursuant to the conditions of the Relocation Permit shall be fully performed. and completed within the time limit specified in the Reloeation Permit, or, if no time limit is specified, within ninety (90) days after the date of the issuance of said Relocation Permit elsewhere provided for. The time limit herein specified., or the time limit specified in any permit, may be extend.ed for good. and sufficient cause by the City Manager. No such extension of time shall be valid unless written, and no such extension shall release any surety upon any bond. 5ection 10. Relocation Permit - Default in Performance of Conditions - Notice to be Given. (a) Whenever the City Manager sha11 find. that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on the bond.. (b) Such notice shall state the work to be done, the esti- mated cost thereof and the period. of time deemed by the City Manager to be reasonably necessary for the completion of such work. (e) After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be per- £ormed or, failing therein, must pay over to the City the estimated. cost of d.oing the work as set forth in the notice, plus an ad.d.itional sum equal to ten (10) per cent of the said estimated cost. Upon the receipt of such monies, the City Manager shall proceed by such mod.e as he deema convenient, to cause the required work to be performed and completed, but no liability shall be incurred therein other than for -5- the expenditure of the said. sum in hand therefor. (d) Cash Bond - Manner of Enforeement. If a cash bond has been posted., notice o£ default, as provided above, shall be given to the prineipal, and if compliance is not had within the time specified, the City Manager shall proceed. without delay, and without further notice or proceedings whatever, to use the cash deposit or any portion of such deposit to cause the required work to be d.one, by eontract or otherwise, in his discretion. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor or to his successors or assigns, after deducting the cost of the work plus ten (10) per cent thereof, (e) Option to Demolish Building or Structure. When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu o£ comgleting the work required, to demolish the build.ing or structure, and to clear, clean and restore the site. If the surety default, the City Manager shall have the same option. (f) Period and Termination of Bond. The term of eaeh bond. posted pursuant to this section shall begin upon the date of the posting thereof and. shall end upon the completion, to the satisfaction of the City Council, o£ the performance of a11 the terms and conditions of the Relocation Permit. Such completion shall be evidenced. by a state- ment thereof, signed. by the Building Inspector, a copy of which will be sent to any surety or principal upon request. When a cash bond. has been posted., the cash shall be returned. to the depositor, or to his successors or assigns, upon the termination of the bond., except any portion thereof that may have been used or ded.ucted as elsewhere in this ordinance provided. (g) Entry upon Premises. The City Manager, the Building Inspector, the surety, and the duly authorized representative of any of the above named shall have access to the premises deseribed in the Relocation Permit for the purpose of inspeeting the progress of the work. -6- (h) In the event of any d.efault in the performance of any term or condition of the Relocatinn Permit, the surety, or any person employed or engaged on its behalf, or the City Council, or any person employed. or engaged on its behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure. (i) No person shall interfere with or obstruct the ingress or egress to or from any such premisee by any authorized representative or agent or of any surety or of the City engaged in the work of completing, demolishing, or removing a build.ing or strueture for which a Relocation Permit has been issued after a default has occurred. in the performance of the terms or conditions thereo~. Section 11, Relocation Permits - Fees, Before any application for a relocation permit is aecepted, a fee of Ten Dollars ($10.00) shall be paid by the applicant to cover the cost to the City of the investigation of the condition of the building to be moved and the inspection of the pro- posed new location. This application fee sha11 be in add.ition to the regular house moving and/or building permit fee required by this or any other ord.inance. Section 12. House Mover~s Permit - Glhen Granted, No House Mover~ Permit shall be granted by the Building Inspector except as follows; (a) The applicant must first furnish evidence that either the City Manager or the Planning Commission has already issued. a Relocation Permit for the particular building or structure when such a permit is required. by the provisions of this ordinance. (b) The applicant shall pay to the Building Inspector House Mover~s Permit fees for each permit required, as follows: Class "A" Permit, Two Dollars ( 2.00); Class "B~' Permit, Five ~ollars ~$5.00); Class "C" Permit, Ten Dollars ( 10.00); Class "D" Permit, Fifteen Doll ars (~15.00); Class ~~E~~ Permit, One Hundred Dollars ($100,00). (c) A separate application upon a form Purnished. by the Building Inspeetor must be filed., and a separate permit obtained £or the moving of each separate building or structure or portion of a building or structure. -7- Section 13. House Moverxs Permit - Contents of Application. Eaeh application for a House Moverls Permit must show: (a) The kind o£ build.ing or strueture to be moved. (b) The street location or other identifying description to whieh it is proposed to be moved., and the route over, along, across, and upon which such build.ing or structure, eection or portion thereof is to be moved. (c) The number of sections in which the building or structure will be moved. (d) The time when it is proposed. to be moved. and within which removal will be completed. Seetion 13.1. Effect o£ Application For House Mover~~s Permit Upon Application For Building Permit, Nothing contained in Section 13 of this ordinance is to be d.eemed to have repealed or amended Section 301 (b) of the Uniform Building Cod.e which provid.es what an application for a building permit shall contain and where, in his d.iscretion, the Building Inspector elects to combine an application for a House Moverrs Permit and. an application for a building permit in one application, the requirements of Section 13 shall, wherever they d.o not duplicate the provisions of Section 301 (b) of the Uniform Building Cod.e, be deemed. to be ad.ditional requirements for said. appli- cation. Section 14. House Mover;s Permit - Public Utilities, (a) Upon the issuance of the permit provided for in Section 12, it shall be the duty of the City Manager to noti£y all public utilities affected thereby and to instruct such public utilities to rearrange temporarily any o£ their property necessary to permit the passage of any building or structure upon, over, along, or acrosa any street. Such notification shall state the time when and. the route over which such temporary rearrangement of any property of said public utility shall occur. (b) No public utility shall fail, neglect, or refuse to comply with said notice by the City Manager ord.ering such temporary -8- rearrangement. (c) Nothing contained herein shall be deemed. to restrict such public utility from making a reasonable charge to each house mover, as compensation for making such temporary rearrangement of its property. Section 15. House Mover~s Bond. The house mover shall also execute and file with the Building Inspector before a house mover~s permit can be issued., to assure his full and faithful per- formance of the work o£ moving the building or buildings through the City of Lynwood and to ind.emnify and insure the City of Lynwood againet damage to the public streets and other public works and. improvements o£ said City, a bond for such sum as is by the Building Inspector deemed sufficient to cover the cost of moving said building or build- ings and to indemnify and insure the City against any damage to the streets, highways and other public works or improvements that may be caused. by the moving of said building or buildings. Section 16. House Movera - Methods of Moving. It shall be the duty of any house mover, when required. by the City Manager, to cause boards o£ sufficient strength to carry the load without breaking to be placed under all of the rolls or wheels to serve as a runway for such rolls or wheels during the removal of any build.ing or strueture, or section or portion thereof, along every street improved in any other manner than by asphalt, concrete or brick, and at no time shall such ro11s or wheels be permitted to revolve except upon such board runway when the same is required by the City Manager, Any Class "A'~ building may be moved. on truck or trailer with rubber-tired wheels. Any C1ass "B~~ building shall be load.ed on rubber-t3red dollies if in excess of thirty (30) tons weight. Any Class "C,~~ "D" and ~~E~~ building shall be load.ed on rubber-tired d.ollies. In the event that the equipment of the house mover is not suf£icient for the work required., or if a street or the use thereof, or -9- the property of any public utility will be at any time endangered or damaged by such removal, or if such house mover, or his servants or employees at any time violate any of the terme, conditions, or res- trictions of the permit required. by Section 13, either as to the size or dimensions of the building or structure being moved, or the route of such removal or otherwise, the Building Inspector shall report such fact to the City Manager and when properly authorized, the Inspector shall be empowered. to atop the progress of such removal. Section 17. House Movers - Damage to Streets, Curbs, or Sidewalks. In case of d.amage to any street, curb, or sidewalk by reason of the moving of any build.ing or structure, or section or portion thereof, the City Manager shall cause to be d.one such work as may be necessary to restore the street, curb, or sidewalk to as good a condition as the same was in prior to such d.amage, and. shall charge the cost thereof to the house mover to whom the permit was issued.for the moving of such building or structure or section or portion thereof. Section 18. House Moving - Red Light Required. No person moving any building or structure or section or portion thereof over, upon, along, or across any street, alley, or sidewalk shall fail, neglect, or refuse to keep a red light burning at all times between sunset and sunrise each five feet (5't) around such build.ing or struc- ture, or section or portion thereof, and. at the end of any proJection thereof, while the same or any part thereof is located in or upon any street, alley, or sidewalk. Section 19. Appeals, With five (5) d.ays after receipt by the applicant of notice of action by the Planning Commisaion, City Manager or Building Inspector a person dissatisfied with the action of the Planning Commission, City Manager or Building Inspector in carrying out the provisions o£ this ordinance may file with the City Clerk o£ the City of Lynwood. an appeal from such action. Upon receiving notice of appeal, the City Council may: (a) Affirm the action of the Planning Commission, City -10- Manager, or Build.ing Inspector. (b) I£ the action is by the City Manager or Building Inspector, refer the matter to the Planning Commission for a hearing. (c) Set the matter for hearing before itself. At such hearing the City Council shall hear and decide the matter de novo as if no other hearing had. been held. Section 20. Peraon Defined. The word "person" as used in this ordinance shall mean any person, firm, or corporation or association. Section 21. Repeal. City prd.inances Numbered 432 and 507, and al1 other ordinances and parts of ord.inances in conflict herewith are hereby repealed. Section 22. Penalty. Any person, £irm, or corporation vio- lating any of the provisions of this ord.inance shall be deemed ~uilty of a misdemeanor and. upon conviction thereof shall be punishable by a fine of not to exeeed Five Hundred. Dollars ($500.00), or imprisonment in the city ~ail of the City of Lynwood or the county ~ail of Los Angeles County, State o£ California, for a period o£ time not to exceed. six (6) months, or by both such fine and. imprisonment. Each such peraon, firm, or corporation shall be deemed guilty of a separate offense for each day d.uring any portion of which any violation of any provision of this ord.inance is committed, con- tinued, or permitted. by such person, firm, or corporation, and is punishable therefor as provided by this ordinance. Section 23. The City Clerk is hereby ordered. and directed to eertify to the passage of this ord.inance and to cause the same to be published once in the Lynwood Press, a newspaper of general circu- lation, printed, published., and. circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 20th d.ay of December, lg6o, and finally adopted and ordered published at a regular meeting of said Council held. on the -11- 3rd. day of January, 1961 by the following vote: A~es: Councilmen Duncan, English, Finch, Rowe. Noes: Councilmen None. Absent:Councilmen Pen~er. . ayor o' ~ieZr~ y o ynwood A ST; er , o Lynwoo STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES: ss. CITY OF LYNWOOD ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and. correct copy of ordinance No. 712 adopted by the City Council of the City of Lynwood. and that same was passed on the date and by the vote therein stated. Dated this 4th day of January , 19 61, C~ L , L OOD