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HomeMy WebLinkAbout53460 ` ORDINANCE N0 J AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER, ALONG OR ACROSS HIGHWAYS, 9TR7.13nS AND ALLEYS IN THE CITY: PROVIDING FOR PROTECTION TO THE CITY FROM D'BAGES IRISI?TG OUT OF SUCH OPERATION; AUTHORIZING THE CITY BUII:DING INSPECTOR TO ISSUE PERMITS: FROVIDING FOR ENFORCEMENT: AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAIFED BY THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS. SECTION I. DEFINITIONS 1:10 For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. 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, mercantile, storage, commercial, in- dustrial, institutional, assembly, educational or recreational pur- poses. A structure of the following dimensions shall not fall within this definition: (Forty Square Feet). (B) "Building Inspector" is the Building Inspector of the Town of Los Altos Hills. (C) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. SECTION II. PERMIT REQUIRED 2:10 Permit. No person shall move any building over, along or across any highway, street or alley in the City without first obtain- ing a permit from the Building Inspector. SECTION III. APPLICATION FOR PERTTIT 3:10 Application. A person seeking issuance of a permit here- under shall file an application for such permit with the Building In- spector. (A) Form. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector. (B) Contents. The application shall set forth: 1. A.description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior; 2. One photo print of four (4) different elevations. 3. A legal description of the lot from which the build- ing is to be moved, giving the lot, block and tract number. 4. A legal description of the lot to which it is pro- posed such building be moved, giving, lot, block and tract number. 5. The portion of the lot to be occupied by the build- ing when moved. 5-6-59 44 `6. The hi1Jhighways, streets and alleys over, along or across which the building is proposed to be moved. 7. Proposed moving date and hours. S. Certificate of Clearance from utility companies. 9. Any additional information which the Building Inspector shall find necessary to make a fair determination of whether a permit should be issued. (C) Accompaavina 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 en- tanglements and that all taxes and any City charges against the same are paid in full. 2. Certificate of Ownership or Entitlement. The appli- cant, if other than the owner, shall file with the application a writ- ten statement or bill of sale signed by the owner, or other sufficient evidence, that he is entitled to move the building. (D) Fee. The application shall be accompanied by a permit fee in the amount of Five Dollars (15.00) per thousand of estimated value of the building to be moved as determined by the Building In- spector. If the building to be moved is located outside the City; such fee shall be augmented by a charge of fifty cents ($.50) per mile beyond the City limits. SECTION IV. DEPOSIT FOR E%FEPTSE TO CITY 4:10 Upon receipt of an application it shall be the duty of the Building Inspector to procure from the appropriate agencies an esti- mate of the expense that will be incurred 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 mak- ing such removals and replacements. Prior to issuance of the permit, the Building Inspector shall require of the applicant a deposit of a sum of money equal to twice the amount of the estimated expense. SECTION V. F%PETSES OF PUBLIC UTILITIES 5:10 If the moving of any building hereunder requires any inter- ference with any public utility structures, the applicant shall notify the public utility involved of the tentative time of such moving, the route of such moving, and the estimated loaded height of the building and moving equipment. Apnlicant shall bear the cost of any measures re- quired to protect said structures from destruction or damage due to the moving of any building hereunder, and shall indemnify such public utility against any and all damages or claims of whatever kind or nature, direct or consequential, caused directly or indirectly by the relocation of any building hereunder or by any measures required to protect such structures. -2- 5-6-59 err (40 VJ J StCTION VI. GENERAL DEPOSIT 6:10 An application hereunder shall be accompanied by a cash deposit in the sum of One Thousand Dollars 01,000.00) as an indemnity for any damage which the City may sustain by reason of damage or in- jury to any highway, street or alley, sidewalk, fire -hydrant or other property of the City, which may be caused by or be incidental to the removal of any building over, along or across any street in the City and to indemnify the City against any claim of damages to persons or private property, and to satisfy eay claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the City. 6:20 Bond in Lieu of Deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Inspector a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the State of California in the amount of Ten Thousand Dollars (810,000.00), conditioned upon the assurance that this and other applicable ordinances and laws will be complied with. Such bond shall run to the City for the use and benefit of any person or persons intended to be protected thereby and shall be conditioned on the pay- ment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance, or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted. 6:30 Insurance policy in Lieu of Deposit. Any person filing an application hereunder may, in lieu of the general cash deposit re- quired above, file with the Building Inspector a liability insurance policy, issued by an insurance company authorized to do business in the State of California, and approved as to form by the City Attorney, in the same amount and providing the same protection as would be re- quired for a bond hereunder. SECTION VII. DUTIES OF BUILDInTG I`T"9IECTOR 7:10 Inspection. The Building Inspector shall inspect the build- ing and the applicant's equipment to determine whether the standards for issuance of a permit are met. 7:20 Standards for Issuance. The Building Inspector shall refuse to issue a permit if he finds: (A) That any application requirement or any fee or deposit reouirement has not been complied with; (B) That the building is too large to move without endanger- ing persons or property in the City; (C) 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; (D) That the building is structurally unsafe or unfit for the purpose for which moved, if the removal location is in the City; (E) That the applicant's equipment is unsafe and that persons and property would be endangered by its use; -3- 5-6-59 ib1 That ing or other ordinances woul14violated by the building in it ew location; 4 (G) That for any other reason persons or property in the City would be endangered by the moving of the building. 7:30 Fees and Deposits. (A) Deposit. The Building Inspector shall deposit all fees and deposits, and all bonds or insurance policies with the City Trea- surer. (B) Return Upon Non -issuance. Upon his refusal to issue a permit, the Building Inspector shall return to the applicant all de- posits, bonds and insurance policies. Permit fees filed with the ap- plication shall not be returned. (C) Return Upon Allowance for Expense. After the building has been removed, the Building Inspector shall furnish the City Clerk with a written statement of all expenses incurred in removing and re- placing 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. Frovided,'however, that if any wires,poles, lamps or other property are not located in conformity with governing ordinances, the permittee shall not be liable for the cost of removing the same. The City Clerk shall authorize the Building Inspector to return to the ap- plicant all deposits after the City Treasurer deducts the sum suf£iw tient to pay for all 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,. 7:40 Designate Streets for Removal.. The Building Inspector shall prepare a list of designated streets over which the building may be moved. The Building Inspector shall have the list approved by the Chief of Police and shall reproduce the 'list upon the permit in writ- ing. In making his determination, the Chief of Folios shall act to assure maximum safety to persons and property in the City and to mim- imize congestion and traffic hazards an public streets. SECTION VIII. DUTIES OF FERMITTEE Every permittee under this Ordinance shall: 8:10 Use Designated Streets. Move a building only over streets designated for such use in the written permit. 8:20 Reouest Revision of Moving Time. Renuest the Building In- spector, in writing, at least twenty-four (24) hours in advance for a desired change in moving date and/or hours from those proposed in the application. 8:30 Notify of Damage. Notify the Building Inspector, in writ- ing, of any and all damage done to property, including but not limited to trees and shrubs, within twenty-four (24) hours after the damage or injury has occurred. 8:40 Display Lights. Cause red lights to be displayed during the night time on every side of the building, while traveling on a street, in such manner as to warn the public of the obstruction, and shall at all times place and maintain warning signs and devices along the streets in such manner as to protect the public from damage or in- -4- jury by` ,son ofremoval of the building.. 40 8:50 Street upancy Period. The City eets shall be occupied only for such time as is necessary to move the building from one lo- cation to another. At no time shall the building be left standing on any City street. 8:60 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. 8:70 Pay Expense of Officer. Pay the expenseof a traffic of- fice ordered by the Building Inspector to accompany the movement of the building to protect the public from injury. 8:80 Clear ,Old .Premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition. 8:90 Remove Service Connection. See that the sewer line is plugged with a concrete stopper and the water shut off. Permittee shall notify the water, gas, and electric service companies to remove their services. SECTION IX. E11FORCE111ENT 9:10 Enforcing Officers. The Building Inspector and the Folios Department shall enforce and carry out the requirements of this Ordi- nance. 9:20 Permittee Liable for Expense Above Deposit. The Permittee shall be liable for any expense, damages or costs in excess of de- posited amounts of securities, and the City Attorney is hereby author- ized to prosecute an action against the permittee in a court of com- petent jurisdiction of the recovery of such excessive amounts. 9:30 Original Premises Left Unsafe, The City shall proceed to do the work necessary to bring the original premises to a safe and sanitary condition, where permittee does not comply with the require- ments of this Ordinance, and the cost thereof shall be char3ed against the General Deposit. SECTION X. VIOLATION In addition to any other provision of this Ordinance, any person or entity violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof may be punish- ed by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than ninety (90) days in any jail or com- mitment facility used by the Town of Los Altos Hills or by both such fine and imprisonment. SECTIO'T XI. SEVERABIIITY If any section, subsection, clause, phrase or sentence of this Ordinance be declared, for any reason, invalid or unconstitu- tional, by any court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance. The City Council of the Town of Los Altos Hills hereby declares that it would have passed this Ordinance and each section, subsection, clause, phrase, and sentence thereof, regardless of the fact that any one or more other sections, subsections, clauses, phrases, and sentences thereof were declared invalid or unconstitutional. -5- it SECTION %II. EFFECTIVE DATE This Ordinance shall be effective thirty (30) days after its passage and shall be posted in three (3) public places in the Town of Los Altos Hills. SECTION DSII. ADOPTION The above and foregoing Ordinance was duly and regularly introduced at a Regular Meeting of the City Council of the Town of Los Altos Hills held on the 182 day of May , 1959, and duly and regularly passed by the following vote, to wit: AYES: Councilmen Clayton, Henley, Sherlock, Mayor Fowls NO73: None ABSEPTT: Councilman Bledsoe AFIROVTD: ATTEST: CERTiFE A hue ccpj City 0I rk city fr -6- 5-6-59 —Flayor