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HomeMy WebLinkAboutNS-1906 - Amending Sections to Amend the House Moving CodeCDG:mb 4/30/87 ORDINANCE NO. NS- 1906 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-1761, 8-1762, 8-1764, 8-1765, 8-1766, 8-1767, 8-1768, 8-1769, 8-1770, 8-1771, 8-1772, 8-1773 an~ 8-1795 TO AMEND THE HOUSE MOVING CODE.- ~. ~ THE CITY COUNCIL OF THE, CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 8-1761 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1761. Relocation permit--Required. No person shall move any building into the city, or relocate any building within the city, without first obtaining a separate building moving permit for each building from the building official. .. SECTION 2: That Section 8-1762 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 8-1762. Same--Application. To obtain a relocation permit the applicant shall first file an application therefor in writing on a ~form furnished for that~purposeby the directo,r of building safety. Every~such application s~at~ contain or have appended thereto the following information:~ (1) Name of street and official house number, the: name of the tract or block number and zone-use legend, the lot number and its dimensions, where the building to be moved is to~ be~ placed. (2) The proposed use or occupancy for the building. (3) The tract, block, lot, zone-use and official address at t~he building's existing location. (4) All dimensions and the structural type of the building. (5) The nature of the repairs and any alterations or additions. (6) The complete valuation of the proposed work. 028 ORDINANCE NO. NS-1906 PAGE TWO (7) A plot drawn to a scale of not larger than one-eighth inch to the foot, shall be filed with the application. Such plot plan shall indicate with dimensions all existing and proposed building locations, yards and setbacks. (8) A plan of the building to be moved shall be filed with the application, and such plan shall show all necessary structural and sanitary details as required by the building official. SECTION 3: That Section 8-1764 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 8-1764. Same--Granting or denying. If the director of building safety determines that said building in all respects complies with the building, electrical, plumbing and housing codes of the city, he shall grant the relocation permit. If the director of building safety determines that said building does not comply with the minimum requirements contained in the building code, electrical, code, plumbing code, housing code, or mechanical 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 official 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 requiring that the minimum standards of said codes be met in those particulars mentioned and waived by him in his report. ORDINANCE NO. NS-1906 PAGE THREE SECTION 4: That Section 8-1765 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1765. Appeal. If any person is dissatisfied with the determination made by the building official, he may appeal the same to the city council as provided in Chapter 3, of this Code. SECTION 5: That Section 8-1766 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1766. Fees--Filing. Before any application for a relocation permit is accepted for filing, a fee of one hundred and fifty dollars ($150.00) 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 proposed new location. The application fee herein provided for shall be in addition to the building permit fee required by the building code, and shall be in addition to any other fee or charge required by law or ordinance. Where a main building and buildings accessory thereto are to be moved from the same location to the same new location, the fee shall be one hundred and fifty ($150.00) for the main building and fifty dollars ($50.00) for each accessory building. If the bond herein required is not posted within six (6) months after notice to the applicant by the building official of the required amount thereof, a new application shall be filed and the required application fee paid before the relocation permit may be issued. The provisions of this section relative to fees and bonds shall not apply to the relocation of buildings or structures to be used by a governmental agency for a governmental purpose, or to a building relocated on the same lot. SECTION 6: That Section 8-1767 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1767. Same--Inspection. Upon the filing of the application provided for in section 8-1762, the applicant shall pay an inspection fee including the mileage charge thereon as follows: ORDINANCE NO. NS-1906 PAGE FOUR If the building is to be relocated from a site outside of the city the applicant shall pay an additional twenty-five cents (25 cents) for each mile of necessary travel from the city hall to the site of the building, and return. Said fee and mileage charge is to cover the cost of inspecting the building, is in addition to the charge for filing the permit application and the building permit, and shall not be refunded in event the relocation permit is denied. SECTION 7: That Section 8-1768 of the Santa AnaMunicipal Code is hereby amended to read as follows: Sec. 8-1768. Completion bond--Required; amount; waiver. No relocation permit shall be issued unless the applicant therefor shall first post with the building' official, in addition to the clean-up bond required in section 8-1773, a bond executed by the owner of the premises where the building or structure is to be located, as principal, and by a surety company authorized to do business in this state, as surety; which shall be in form joint and several, shall name the city 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 percent (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 official. 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 named 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 building official in any case where the building official 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 official finds that no such security is necessary in order to assure compliance with the requirements of this section. ORDINANCE NO. NS- 1906 PAGE FIVE SECTION 8: That Section 8-1769 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1769. Same--Conditions. Every bond posted pursuant conditioned as follows:- (1) (2) When posted and approved, relocation permit. to section 8-1768 shall be That all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the director of building safety. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully prformed and completed within the time limit specified in the relocation permit; or 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 official. No such extension of time shall be valid unless in writing, and no such extension shall release any surety from any bond. an application has been granted and such bond the building official shall issue the SECTION 9: That Section 8-1770 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec.~8-1770.~ Same--Default in performance of conditions; notice to be given. (a) Whenever the building official shall find that a default has occurred in the performance of any term or condition of any permit and completion bond, written notice thereof shall be given to the principal 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 official to be reasonably necessary for the completion of such work. After receipt of such notice, the surety must, within 0;52 ORDINANCE NO. NS-1906 PAGE SIX SECTION Code is the time therein specified, either cause the required work to be performed, or failing therein, must pay to the city, the estimated cost of doing the work as set forth in the notice plus an additional sum equal to twenty-five percent (25%) of said estimated cost. Upon the receipt of~such monies, the building official shall proceed in such manner as he deems convenient to cause the required work to be performed and completed, 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 percent (25%) of the amount 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 compliance is not obtained within the time specified, the building official 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 balance, if any, shall, upon 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 percent (25%) thereof. (c) When any default has occurred on the part of the principal 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 defaults, the building official shall have the same option and the cost plus twenty-five percent (25%) shall be a charge against the bond. 10: That Section 8-1771 of the Santa Ana Municipal hereby amended to read as follows: Sec. 8-1771. Same--Period; access to premises. (a) The term of such bond shall begin upon the date of the posting thereof, and shall end upon the completion, to the satisfaction of the building official, of the performance of all the terms and ORDINANCE NO. NS- 1906 PAGE SEVEN conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the building official, a copy of which shall 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 deducted as provided elsewhere in this article. (b) The building official, the surety, and the duly authorized 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 performance of any term or condition of ~he relocation permit and bond,~the surety, or any person employed or engaged in its behalf, or the building official or any person employed or engaged in his behalf~, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure. 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 permises of any authorized representative or agent, of any surety, or of the city, engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued after default has occurred in the performance of the terms or conditions thereof. SECTION 11: That Section 8-1772 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1772. Same--Exceptions to requirement. (a) The provisions of sections 8-1768 through 8-1771 relating bo the posting of bonds shall not apply where the building or structure is to be~mo~ed to a location outside the limits of the city..~ .In~ such cases, if the building official finds that the building or structure is so constructed and in such.condition that it may be removed w~th safety, the permit shall be issued without the requirement of a bond. O84' ORDINANCE NO. NS-1906 PAGE EIGHT (b) The provisions of sections 8-1763 through 8-1765 and 8-1768 through 8-1771, both inclusive, shall not apply to accessory buildings of four hundred (400) square feet or less, provided the building official shall first find that such building is structurally 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 12: That Section 8-1773 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1773. Clean-up bond. The clean-up bond referred to in section 8-1768 shall be in an amount determined by the building official to be sufficient to guarantee that all building materials from the removed building shall be brought to ground level, all the excavations filled, and all debris covered or removed from the lot from which a building was removed, within a period of six (6) months of the date the relocation permit was granted, unless a written extension of time be granted by the building official. All applicable provisions of section 8-1770 shall apply to the clean-up bond herein provided for. Said bond may be a surety bond or a cash bond, as provided for in section 8-1768, for the completion bond. SECTION 13: That Section 8-1795 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-1795. Equipment approval. No permit shall be issued to allow the moving of any building along any street unless the street superintendent has inspected applicant's equipment and approved same, subject to the following regulations: (1) No building shall be moved, the highest point of which at any time during operation of moving, extends to a height of more than twenty-five feet (25') above the surface of the street, unless a request to move such building, stating the over-all height thereof and the route upon the streets of the city over which it will be moved, shall first have been filed with the council and 035 ORDINANCE NO. NS- 1906 PAGE NINE (2 (3 (4 (5) (6) (7) the council, after a report from the building official, the park superintendent and the street superintendent, shall grant special permission for such moving by minute order. Such minute order may be made and conditioned upon the subsequent approval of one or more of the city employees and officials from whom a report is herein required. The requirements set forth in this paragraph are in addition to and not in lieu of any other requirements contained in this division governing the moving of buildings or structures upon the streets of the city. No building shall be moved upon any truck having metal tires unless the total weight resting upon the surface of the street shall not exceed six hundred (600) pounds upon any.inch of width of tires. No building weighing more than nines(9) tons shall be moved upon any truck equipped with pneumatic or solid tires. No building shall be moved upon rollers unless planks are placed under said rollers to such width and in such manner as to protect the surface of the street from damage. No building shall be moved unless moved upon rollers as provided in this division or upon a truck having wheels equipped with pneumatic or solid rubber or metal tires. No building shall be moved unless there is at all times a clear space of at least five feet (5,) between said building and the curb of the street. No building shall be allowed to remain stationary on any street intersection, or upon any street, in such manner as to obstruct the access to,any fireplug, standpipe or other fire fighting appliance located upon or adjacent to such s%reet. 036 ORDINANCE NO. PAGE TEN NS- 1906 (8) No building shall be moved or allowed to remain stationary upon any public street during the period between thirty (30) minutes before sunset and thirty (30) minutes after sunrise, unless red lanterns are kept lighted during said period at each corner of said building. (9) The chief of the fire department shall notified twice during each twenty-four of moving of the exact location of the be (24) hours building. SECTION 14: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 15: Neither the adoption of this Ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed to the collection of any such license or penalty or the penal provision applicable to any cash deposit in lieu thereof, required to be posted, filed or deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ]st day of June , 1987. ATTEST: ~e~k~eo~' t~Ycoun~il COUNCILMEMBERS: Griset Acosta Hart May Pulido McGuigan Young Absent Aye APPROVED AS TO FORM: Edwa~'o-~ Co~per City A t t o~!-rr~