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O 039 C.S. ~ . fJPDTNANCE NO. 39 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE ~~NDING THE ARROYO GRANDE MUNICIPAL CODE BY ADDING CHAPTER 11 TO TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO MOVING OF BUILDINGS. The City Council of the City of Arroyo Grande does ordain as follows; SECTION 1, Title 8 of the Arroyo Grande Municipal Code is amended by adding Chapter 11 relating to ffiDving of buildings to read as follows; SECTION 8-11. 01 SCOPE OF REGULATIONS; A person shall ,not relocate on or mOve onto any premises or lot within the incorporated area of the City of Arroyo Grande any building, house or other structure, except a contractor's tool house, construction building or similar structure which is moved as construction requires, or a pre-fabricated or modu- lar structure duly licensed by the State of California, until he first obtains from the building official, a permit for such moving, and a Building Permit for necessary and required alterations, repairs, and additions. Moving permits are required by the City of Arroyo Grande, San Luis Obispo County and the State for moving buildings on public roads. MOVING APPLICATION: SECTION 8-11. 02 FORM OF APPLICATION; Every application to the Building Official for a moving permit shall be in writing upon a form furnished by the Building Official and shall set forth such information and acknowledgements as the Building Official may reasonably require in order to carry out the purpose of this Ordinance. SECTION 8-11. 03 TYPE OF PERMITS PROHIBITED: Except as otherwise provided in this Ordinance, the Building Official shall not issue a moving permit for any building or structure which: 1. Is so constructed or in such condition as to be dangerous. 2. Is infected with pests or is unsanitary. 3. If it be a dwelling for habitation, is unfit for such use. 4. If so dilapidated, defective, or in such condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the area. 5. Is intended for a use which is prohibited by any Zoning Ordinance, Land Use or any other Ordinances. 6. If the structure is of a type prohibited at the proposed location by this or by any other law or Ordinance. SECTION 8-11. 04 RESTORABLE BUILDINGS PERMITTED: If the condition of the building or structure in the judgment of the Building Official admits of practicable and effective repair, he may issue a moving permit upon conditions as hereinafter provided. SECTION 8-11. 05 EXPIRED BUILDINGS PROHIBITED: If the unlawful, dangerous or defective condition of the building or structure proposed to be moved is such that remedy or correction cannot practic- ably and effectively be made, the Building Official shall deny the permit. SECTION 8-11.06 I!<vESTIGATIONS AND APPEAL: In order to determine any of the matters presented by the application, the Building Official may cause to be made any investigation which he believes necessary or helpful and he may refer the matter for further investigation to the Board of Appeals. SECTION 8-11.0, HEARING BEFORE BOARD OF APPEALS: If the Board of Appeals deems it necessary or expedient to do so, it may set any such application for hearing before a member of the Board of Representa- tive thereof to be given as the Board may deem appropriate. Thereafter, the findings of said hearin~ shall be reported to the Board for its consideration along with any other in ormation before it. -.-......- _.._---~-- ^~ SECT^CON 8-11. 08 TERMS ftflD r,O~DITIONS OF PERMIT: The Building Official in granting any moving permit shall impose thereon such terms and conditions as are necessary to make the building or structure comply with all the requirements for a new building as set forth in the Uniform Building Code, and may impose thereon such other terms and conditions as he may deem reasonable and proper, including, but not limited to the requirements of changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that the moving thereof will not be materially detri- mental or injurious to public health, safety or to public welfare or to the property and improvements, or either, in the district to which it is to be moved. SECTION 8-11.09 FORM OF TERMS AND CONDITIONS: The terms and conditions upon which each permit is granted shall be written upon the application or appended in writing thereto. PROCEDURE FOR MOVING BUILDING: SECTION 8-11.10 POSTING OF BONDS: The Building Official shall not issue a moving permit unless the owner of the building or a licensed contractor shall first post with the City a bond executed by the permitee, as principal, and by a surety company authorized to do business in this State, as surety, or makes a deposit as hereafter provided, SECTION 8-11. 11 TERMS OF BOND: The surety bond required by this Section shall: 1. Be in form joint and several. 2. Name the City of Arroyo Grande as obligee. 3. Be in the amount equal to the estimated cost plus ten percent (10%) of the work required to be done in order to comply with all of the conditions of the moving permit, such estimate to be agreeable to the Building Official. SECTION 8-11.12 DEPOSITS ALLOWED: The deposit, if made in place of the surety bond, shall also be equal to the cost plus ten percent (10%) of such work. SECTION 8 -11. 13 CONDITIONS OF PERMITS MANDATORY: Every bond posted and every deposit made pursuant to this Section shall be conditioned as follows: 1. That each and all of the terms and conditions of the moving permit shall be complied with to the satisfaction of the Building Official. 2. That all of the work required to be done pursuant to the conditions of the moving permit shall be fully performed and completed within the time limit specified in the moving permit. If no time limit is speci- fied, the work shall be completed within ninety (90) days after the date of this issuance of the moving permit. The time limits herein specified or the time limit specified in any permit issued within the provisions of this Section may be extended for good and sufficient cause before said time period has expired, by a written order of the Building Official. SECTION 8-11.14 TERMINATION OF BOND: The terms of each bond posted pursuant to this Chapter shall end upon the completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the moving permit. SECTION 8-11. 15 REFUNDS: When a cash bond has been posted, the City shall return the cash to the depositor or to his successors or assigns upon the termination of the bond, ex- cept any portion thereof that may have been used or deducted as elsewhere in this Ordinance provided. --~-~...- . ..~> DPpr-,rn.". ....~ ~->....-'-'.... . SECTION 8-11. 16 WRITTEN NOTICE ISSUED: Whenever the Building Official finds that a default has occurred in the performance of any term or condition of any moving permit, he shall give written notice thereof to the principal and to the surety on the bond. SECTION 8-11.17 CONTENT OF NOTICE: In a notice of defaul t, the Building Official shall state the work to be d one ~, the estimated cost thereof, and the period of time deemed by him to be reasonably necessary for the completion of such work. SECTION 8-11. 18 REQUIRED PERFORMANCE: After receipt of a notice of default, the surety, within the time therein specified, shall cause the required work to be performed. SECTION 8-11.19 WORK BY CONTRACT: If a cash bond has been posted, the Building Official shall give notice of default, as provided above, to the principal, and if compliance is not had within the time specified, the Building Official shall proceed without delay and without further notice of proceeding whatever, to use the cash deposit or any portion of said deposit to cause the required work to be done by contract or otherwise in his discretion. The balance, if any, of cash deposit, upon completion of the work, shall be returned to the depositor or to his sUCCessors or assigns after deducting the cost of the work plus ten percent (10%) thereof. SECTION 8-11. 20 INSPECTION: The Building Official, the surety and the duly authorized representatives of either shall have access to the premises described in the moving permit for the purpose of inspecting the progress of the work. SECTION 8-11.21 COMPLETION BY SURETY: In the event of any default in the performance of any term or condition of the moving permit, the surety or any person employed or engaged on its behalf or any persons employed or engaged on his behalf, may go upon the pre- mises to complete the required work or to remove the building or structure. The owner, his representative, successor or assignee, or any other person who interferes with obtaining the ingress or egress to or from any such premises, of the City of Arroyo Grande or agent of any surety engaged in the work of completing or removing any building or structure for which a moving permit has been issued after a default has occurred in the performance of the terms or conditions thereof is guilty of a misdemeanor. SECTION 8-11. 22 MOVING PERMIT FEE: 1. Before a permit is issued for the moving of a building or structure, a building permit shall be applied for and a fee therefor paid to the Building Department, in accordance with the fee schedule in effect. 2. Provided, however, that in addition to the above building permit fees, an application fee shall accompany each moving application to Cover costs of processing said application, inspection of the build- ing and premises, route approval and any other costs incurred in connection therewith, and said fee shall not be refunded in the event that said application is denied or is for any reason withdrawn. 3. Moving Permit Application and Inspection Fees shall be as follows: (a) For moving a building or structure from one location to another location within the City of Arroyo Grande shall be ten dollars ($10.00). (b) For moving a building or structure into the City of Arroyo Grande shall be twenty-five dollars ($25.00). (c) For moving a building or structure through the City of Arroyo Grande shall be ten dollars ($10.00) . . . '-, . SECTION 2: This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Council Members voting thereon, in the Five Cities Times-Press-Recorder. On motion of Councilwoman Thompson, seconded by Councilman Talley, and on the following roll call vote, to wi t : AYES: Council Members Schlegel, Thompson, Wood, Talley and Mayor Levine. NOES: None. ABSENT: None. the foregoing Ordinance was passed and adopted this 12th day of January, 1971. /~ tIP~L ~~r7. MAYOR ATTEST:Q,,~d~ ~ CITY CLERK I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. 39 C.S. is a true, full and correct copy of said Ordinance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council held on the 12th day of January, 1971. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 13th day of January, 1971. City Cl (SEAL) .----