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HomeMy WebLinkAboutNS-230'ORDINANCE NO. NS-230 AMENDING SECTIONS 8602 THROUGtI 8611, BOTH INCLUSIVE, OF TEE SANTA ANA MUNICIPAL CODE REGULATING BUILDING RELOCATION. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That the Santa Aha Municipal Code is hereby amended by amending Sections 8602 through 8611, both inclusive, to read as follows: "Section 8602. Inspection. Within fourteen days after the filing of the application provided for in Section 8601, the Building Inspector shall cause s~ inspec- tion to be made of the building so proposed to be moved and prepare a written report of any deviations from code disclosed by said in- spectione "Section 8603. Granting or Denial of Permit. If the Building Inspector determines that said building in all respects complies with the Building, Electrical, and Plumbing Codes of the City, he shall grant the relocation permit. If the Building Official determines that said building does not comply with the minimum requirements contained in the Building Code, Electrical Code, or Plumbing Code, but that such failure to reach said minimum requirements can be satisfactorily repaired, he may grant the relocation permit on condition that the applicant for said permit, and the owner of the land to which it is proposed to move said building, sign an agreement to repair said building in such a manner as to bring the same up to code requirement. If the Building Inspector determines that the items in which the building fails to meet said code requirements are matters which do not endanger public health or safety and that, in his opinion, said building does not endanger the health or safety of the community in which it is proposed to relocate the same, he may grant the permit without ~equiring that the minimum standards of said codes be met in those particulars mentioned and waived by him in his report. "Section 860~. Appeal. If any. person be dissatisfied with the determination made by the Building Inspector, he may ~ppeal the s~ne to the City Council by filing a written notice of appeal with the Building Inspector requesting that the matter be presented to the City Council. The Building Inspector shall immediately forward such notice of appeal, together with the application, any reports made by his department, and all other documents in the file, to the Clerk of the Council. The Clerk of the Council shall notify the Building Inspector, and, if addresses have been given in said notice of appeal, the appli- cant for relocation permit, the appellant, if he be a person dif- ferent from said applicant, and any other person who has requested notice of the hearing date on said appeal, at least five days prior to the hearing date which shall be set for the regular Council meeting first occurring more th~ ten days after said ap- peal is filed with the Clerk of the Council. The City Council shall have full aAthority to hear the entire matter, either affirm or reverse any action taken, and may ox~ler the Building Department either to issue or to refuse to issue the relocation permit ap- plied for. "Bection 8605. Same. Completion Bond. No relocation permit shall be issued unless the applicant therefor shall first post with the Building Department, in addi- tion to the Clean-up Bond to guarantee that all building materials from removed building shall be brought to ground level, all debris shall be disposed of, and all excavations filled within six months of date of permit if building is removed from a lot in Santa Aha, a bond executed by the owner of the premises where the building or structure is to be located, as principal, and by a surety com- pany authorized to do business in this State, as surety; which shall be in form Joint ~d several, shall name the City of Santa And as obligee, and shall be in an amount equal to the cost of foundation, utility connections, street and walk improvements to City standards and other requirements, plus twenty-five per cent (25%),'~; of the work required to be done in order to comply with all of the conditions of such relocation permit as estimated by the Building Inspector. In lieu of a surety bond, the applicant may post a bond executed by the said owner, as principal, and which is secured by a deposit of cash or cashier's check in the amount nl ed above, and conditioned as required in the case of a surety bond; such a bond as so secured is hereinafter called a "cash bond" for the purposes of this Section. Said bond may be waived by the Buildin~ Department in ~y case where the Building Inspector 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 on the same lot or to adjacent property of the same owner; but the exceptions herein made shall not apply unless the Building Inspector finds that no such security is necessary in order to assure compliance with the requirements of this Section. "Section 8606. Same. Bond Conditions. Every bond posted pursuant to Section 8605 shall be conditioned as follows: (a) That each and all of the terms and conditions of the re- location permit shall be complied with tO the satisfaction of the Buildi~ Inspector. (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 relocation permit; o~ if no time limit is specified, within one hundred twenty (120) days after the issuance of the relocation permit. The time limit herein specified or the time limit specified in any such permit may be extended for good and sufficient cause by the Building Inspector. No such extension of time shall be valid unless in writing, and no such extension shall release any surety from any bond. When an application has been granted and such bond posted and approved, the Building Department shall issue the relocatie~ permit. "Section 8607. Default in Performance of Conditions. Notice to be Given. (a) Wheuever the Building Inspector shall find that a de- fault has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the prin- cipal and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof, and the period of time deemed by the Building Inspector to be reasonably neces- sary for the completion of such work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to b e performed, or failing therein, must pay to the City, the estimated cost of doing the work as set · . pe~ cent forth in the notice, plus an additional sum equal to ~wen~y-r~ve / (25%) of said estimated cost. Upon the receipt of such monies, the Building Inspector shall proceed in such manner as he deems convenient to cause the required work to b e performed and com- pleted, but no liability shall be incurred therein other than for the expenditure and accounting to the surety for the money so paid. The cost of supervision, twenty-five per cent (25%) of the aa ount fixed, may be held by the City. (b) If a cash bond has been posted, notice of default as provided above shall be given to the principal, and if compli- ance is not obtained within the time specified, the Building Inspector shall proceed without delay and without further notice, to use the cash deposit or any portion of such deposit to cause the required work to be done, by contract or otherwise, in his discretion. The balmce, if any, ,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 twenty-five per cent (25%) thereof. (c) When any default has occurred on the part of the prin- cipal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, of demolishing the building or structure and clearing, cleaning and restoring the site. If the surety default, the Building Inspector shall have the same option and the cost plus twenty-five per cent (25%) shal 1 be a charge against the bond. ~Section 8608. Same. Period of Bond and Entry. (a) The term of such bond shall begin upon the date of the posting thereof, and shall end upon the completion, to the satis- faction of the Building Inspector, of the perfox~aaee of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the Building Inspector, a copy of which shall be sent to an y 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 deducted as elsewhere in this Chapter provided. (b) The Building Inspector, the surety, and the duly author- ized representatives of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work. In the event of any default in the per- formance of aa y term or condition of the relocation permit, the surety, or any person e~ployed or engaged in its behalf, or the Building Inspector, or a~y person employed or engaged in his be- half, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or st~c- ture. It shall be unlawful for the owner or his representatives, successors or assigns, or any other person, to interfere with or obstruct the ingress or egress to or from any such premises of any authorized representative or agent, of any surety, or off the City, engaged in the work off completing, demolishing or removing any building or structure for which a relocation per, it has been issued after default has occurred in the performance of the terms or conditions thereof. "Section 8609. Relocation Permits. Exceptions. (a) The provisions of Sections 8605, 8606, 8607, and 8608 relating to the posting of bonds shall not apply where the build- ing or structure is to be moved to a location outside the limits of the City of Bmta Aha. In such cases, if the Building Inspector finds that the building or structure is so constructed and in such condition that it may be removed with safety, the permit shall be issued without the requirement of a bond. (b) The provisions of Sections 8602 through 8608, both in- clusive, shall not apply to accessory buildings of four hundred (400) square feet or less, provided the Building Inspector shall first find that such building is stracturally sound and in such condition that it may be moved with safety. The permit in such cases shall be issued without requirement of a bond. "Section 8610. Relocation Permits. Fees. Before any application for a relocation permit is accepted for filing, a fee of Twenty-Five Dollars ($25.00) shall be paid by the ~pplicant to cover the cost to the City of the investiga- tion of the condition of the building to be mowed an~ the in- spection of the proposed new location. The application fee hel~ein provided for shall be in addition to the building permit fee re- quired by the Building Code, and shall be in addition to any other fee or charge required by law or Ordinance. Where a ma~n building and buildings accessory thereto are to be moved from the same location to the same new location, the fee shall be Twenty-Five Dollars ($25.00) for the main building and Ten Dollars ($10.00) flor each accessory building, Tf the bond herein required is not posted within six (5) months after notice to the applicant by the Building Tnspector of the required amount thereof, application shall be filed and the required application fee paid before the relocation pex,mit ma~ be issued, The provisions of this Section r~lative to fees and bonds shall not apply to the relocation of buildings or st~-~ctures to be used by a governmental agency for a governmental purpose, or to a building relocated on the same lot. eSection 8611. Clem-Up Bond. The Olean-Up Bond referred to in Section 8605 shall be in an amount determined by the Director of Building and Safety to be sufficient to guarantee that al 1 building materials from the removed building shall be brought to ground level, all excavations filled, md all debris covered or removed from tho lot from which tho building was removed, within a period six (6) months of the date the relocation permit was granted, unless a written extension of time be granted by the Director of Building md Safety. All applicable p~ovtsions of Sections 8607 and 8508 shall apply to the Clem-Up Bond herein provided for. Said bond may be a surety bond or a cash bond, as provided for in Section 8605, for the per fol-mance bond," PA~SED AND ADOP'£~u by the City Council of the City of Sm Ana at it8 regular meeting held on the 18t__h day of February , 1957. ATTEST= STATE OF CALIFORNIA ) COUNTY OF ORA1 GE ) SS CITY OF SANTA ANA ) do hereby certify that I am the Clerk of the Council of the City of Santa Aha, California; that the 'foregoing Ordinance was regularly introduced at the regular meeting of said Council held on the 4th d~ of February , 1~57, and vas again considered by said Coun6il at its "regUlar' meeting held on the 18th day of February , 1957, and was at said meeting regularly passed and adopted by sa~ d Counail by the following vote, to-wit: COUNCIr,~: COUNCI~: COUNCILMEN: AYES, NOE~, ABSENT, Dale H. Heinly, J. Ogden Markel, William Jerome None Milford W. Dahl J,, .~t