Loading...
Ordinance No. 383ORDINANCE NO 383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ARTICLE III, SECTIONS 5-5 THROUGH 5-11 OF THE CYPRESS MUNICIPAL CODE RELATING TO MOVING OF BUILDINGS THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS' SECTION 1 Article III, Sections 5-5 through 5-11 of the Cypress Municipal Code is hereby amended to read as follows: ARTICLE III MOVING OF BUILDINGS Section 5-5 Generally Section 5-5 1 Public Utilities Defined The term "public utility" as used in this Article shall mean any person owning or operating any wires poles signals pipelines, tracks, or necessary appurtenances or structures thereto used for general public service Section 5-5 2 Buildings Classified For the purpose of this Article buildings or structures to be moved shall be classified as follows: Class A - Any building moved on a motor truck Class B - Any building which when loaded on house moving dollies or rollers, does not exceed 22' in height or 30' in width Class C - Any building, which when loaded on house moving dollies or rollers, is more than 22' in height but does not exceed 28' in height or is more than 30' in width, but does not exceed 40' in width Class D - Any building which when loaded on house moving dollies or rollers, exceeds 28' in height or exceeds 40' in width Class E - Any building, the walls of which are con- structed of brick or concrete, which when loaded on house moving dollies or rollers exceeds 22' in height or exceeds 30' in width Section 5-5 3 Interference with Property of Public Utility. No person shall move or cause to be moved, any building structure or portion thereof on over along or across any public street or alley so as to interfere in any manner with any real or personal property of any public utility without the permission and consent of such public utility being first obtained Section 5-5 4 Damage to Trees. No person shall move or cause to be moved any building or structure upon along or across any public street or alley so as to damage, break, cut, or trim any trees or shrubs on or along such street or alley except under the direction of the Director of Public Works Section 5-6 Housemover's Permit Section 5-6 1 Required. No person shall move any building or structure or portion thereof over, on, upon, along, or across any public street, alley, or sidewalk without a written permit therefor from the Director of Public Works Such permit may be referred to as a Housemover's Permit Ordinance No. 383 Section 5-6 2 Prerequisites for Issuance. No housemover's permit required by the preceding section shall be granted by the Director of Public Works except as follows. (a) The Planning Commission must have already issued a Relocation Permit for the particular building or structure when such a permit is required by the provisions of this Article (b) The applicant for such permit shall pay the Director of Public Works a non-refundable application fee of $15 00 for each permit requested (c) A separate application, upon a form furnished by the Director of Public Works, must be filed and a separate permit obtained for the moving of each separate building or structure or portion of a building or structure Section 5-6 3 Contents of Application Each application for each Housemover's Permit must show (a) The kind of building or structure to be moved (b) The street location or other identifying description to which it is proposed to be moved, and the route over along across and upon which such building or structure, section or portion thereof, is to be moved (c) The number of sections in which the building or structure will be moved (d) The time and date when it is proposed to be moved and within which moving will be completed (e) Description of the real property to which it is proposed to move the building or structure (f) A complete listing of escort vehicles and safety precautions (g) The complete identity and address of the applicant Section 5-6 4 Action Upon the Application. The Director of Public Works, immediately upon the receipt of an application for a Housemover's Permit shall notify the Chief of Police and the Building Department Upon the filing of an application for a Housemover's Permit, the Director of Public Works shall, within five days thereafter, consider the application and either grant or deny the same In granting the application, the Director of Public Works may make such conditions and restrictions in the moving of such building as may be reasonably necessary to protect the public peace health and safety of the citizens of the City and to cause the least possible damage to public streets and alley, including signs, trees, street lights, and any other public improvements in the right-of-way, public utility poles, lines water mains gas mains and like appurtenances Section 5-6 5 Separate Permits Required for Moving Buildings in Sections, Etc Whenever any building or structure is proposed to be moved in more than one section or portion, a separate permit shall be issued for the moving of each section or portion of such building or structure No permit shall authorize the moving of more than one building or structure or more than one section or portion of any building or structure in any case where any building or struc- ture is to be moved in two or more sections or portions Ordinance No. 383 Section 5-6 6 Authority to Stop Movement If in the opinion of the Public Works Inspector, the equipment of the housemover is not sufficient for the work required or if the street or the use thereof or the property of any public utility will be at any time endangered or damaged by such moving, or if such housemover or his servants or employees at any time violates any of the terms conditions or restrictions of the permit referred to in Section 506 1, either as to the size or dimensions of the building or structure being moved or the route of such moving or otherwise, the inspector shall report such fact to the Director of Public Works and when properly authorized by the Director of Public Works the inspector shall be empowered to stop the progress of such moving Section 5-6 7 Police Escort. The Director of Public Works shall notify the Chief of Police of the time of moving the building through the public streets If the Chief of Police determines that the protection of the public requires a police escort, he shall provide such escort If said hours do not meet with the approval of the Police Department, it shall be the duty of the applicant to alter his application to include such hours as will meet the approval of the Police Department Section 5-6 8 Inspection and Supervision of Movements, Inspection Fees Every building or structure or section or portion thereof moved over, upon, along or across any street shall be moved under the inspection and supervision of the Director of Public Works The Director of Public Works shall appoint an inspector for the moving of any building or structure and of each section or portion thereof, provided, that in case two or more buildings or structures or two or more sections or portions thereof, are being moved at the same time along a route so situated that one person can inspect the same, only one person shall be appointed therefor Such inspection and supervision in each case shall be for such time as the Director of Public Works shall deem encessary for the performance of such service and a charge at the rate of ten dollars ($10 00) for each hour per man with a minimum charge of twenty dollars ($20 00) shall be made for the time required for such inspection and supervision Section 5-6 9 Method of Moving It shall be the duty of the housemover, when required by the Director of Public Works, to cause boards of 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 movement of any building or structure or sec- tion or portion thereof, along every street improved in any manner At no time shall such rolls or wheels be permitted to revolve, except upon such board runway when the same is required by the Director of Public Works Class A buildings may be moved on truck or trailers with rubber tired wheels Class B, C, D, and E buildings shall be loaded on rubber tired dollies The dollies be used where any building or structure is moved on any unimproved or oiled or gravel street Section 5-6 10 Damage to Trees, Tree Trimming Fees The Director of Public Works shall investigate the route designated in the application for a housemover's permit to ascertain whether the moving of the building can be made without damage to trees adjacent thereto If the moving would damage such trees, he shall prescribe another route which will not cause such damage If the moving of the building requires any tree trimming such tree trimming shall be performed by a tree trimmer designated by the Director of Public Works, and a charge at the rate of $6 00 per hour shall be made for the services of such tree trimmer Ordinance No 383 27C Section 5-6 11 Compensation to City for Damages to Street In case of damage to any street by reason of the moving of any building or structure or section or portion thereof the Director of Public Works shall do such work as may be necessary to restore the street to as good a condition as the same was prior to such damage and shall charge the cost thereof to the housemover to whom the per- mit was issued for the moving of such bhildings or structure or section or portion thereof Section 5-6 12 Deposit Required No application for a housemover's permit shall be granted or issued until the applicant therefor has deposited with the Director of Public Works a reasonable deposit to be fixed by the Director of Public Works depending upon the distance to be traveled in the moving of the building or structure and the probable hazards to the public streets and alleys involved The amount to be deposited by the housemover shall not be less than $300 00 or more than $1,000 00 Section 5-6 13 Appeals from Actions of Director of Public Works. Any person aggrieved by the decision of the Director of Public Works in carrying out the provisions of this Article may within ten days after such decision appeal to the City Council by filing a written notice thereof with the City Clerk and the City Council shall hold a public hearing on the matter after providing the appellant at least five days written notice of said hearing, and its decision thereon shall be final Said hearing by the City Council shell be held within forty days after receipt of the written notice by the City Clerk Section 5-6 14 Deduction from Deposit In addition to the deductions referred to in Section 5-6 16 there shall be deducted from each deposit provided for in Section 5-6 12 of this Code, the cost of service of the inspector provided in Section 5-6 8, the cost of the tree trimmer, provided for in Section 5-6 10, and the cost of repairs, if any, made by the Director of Public Works as provided for in Section 5-6 11 of this Code The remainder of such deposit if any shall be refunded to the person making such deposit or to his assigns upon written request In case a deposit made pursuant to Section 5-6 12 of this Code shall not be sufficient to pay the cost of the service of the inspector, tree trimmer and the cost of the repairs, if any, the person making such deposit shall, upon demand, pay to the Director of Public Works a sufficient sum to cover all such costs Upon failure to pay such sum, it may be recovered by the City in any court of competent jurisdiction Section 5-6 15 Building, Etc Remaining on Street Over Twelve Hours Should the holder of a housemover's permit allow such building, structure, or any portion thereof to remain on a public street or alley for a period in excess of twelve hours without moving the same, he shall provide adequate barricades and warning devices to the satisfaction of the Director of Public Works, and he shall pay to the City the sum of $10 00 for each twelve hours such building, structure or portion thereof remains on the public street or alley within the City and is not moved Such charges may be deducted from the deposit required by this Division Section 5-7 Relocation Permit Section 5-7 1 Building Permit (Relocation Permit). Before any application for a Relocation Permit is approved, a fee of $100 shall be paid by the applicant to cover the cost of the City for the investigation of the condition of the building to be moved, and the inspection of the proposed location This applica- tion fee shall be in addition to any regular building permit fee required The building permit fee shall be the same as for a new structure of equal footage No permit fee shall be required for the moving of temporary buildings or structures over the public streets or alleys if such building or structure is to be used for a govern- mental purpose Ordinance No. 383 Section 5-7 2 Relocation Permit. No housemover's permit shall be issued until the Planning Commission has first issued to the owner of the premises to which the building is to be moved, a permit to relocate the building, structure, or portion thereof upon such premises Such permit shall be referred to and known as a relocation permit Section 5-7 3 Same Exceptions. No person shall relocate any building, structure, or portion thereof upon any premises or the same premises within the City without a relocation permit from the Planning Commission Exceptions: (a) No relocation permit shall be required if the building or structure is to be moved to a place located outside the limits of the City or if the building or structure is to be used by governmental agencies for a governmental purpose (b) No relocation permit shall be required if the building or structure is to be moved to a location for use as a temporary structure required during the course of construction work (c) No relocation permit shall be required in order to relocate on the same lot an accessory building or structure not exceeding 400 square feet in area, provided the Planning Director, after investigation first finds in writing that such relocation will not be likely to cause detrimental effects upon adjacent property A copy of such written findings shall be filed with the Superintendent of Building and Safety (d) No relocation permit shall be required for the placement of a structure temporarily on the premises of a legitimate house moving business where temporary place- ment is for the purpose of re -sale of such structure Temporary replacement is defined to mean placement for a period not to exceed ninety (90) days No such temporary placement shall exceed ninety (90) days unless an extension of time is granted by the Planning Commission for good and sufficient cause (e) All relocations in any case shall be required to have a plumbing permit Section 5-7 4 Contents of Application & Fee. An application for a permit under this Section shall be made on a form prescribed for such purposes by the City The following information shall be filed with the Planning Commission at the time the application is made (a) The location and address of the existing structure (b) The location and address of the proposed new site (c) The plot plan of the new site showing the proposed location of the building to be relocated as well as an indication of all existing structures and improvements on the lot, on the adjacent lots on all sides (d) Plans and specifications for the proposed improvements of the building, including landscaping treatment (e) Photographs of all elevations of the structure to be moved and photographs of the site on which the structure is to be moved, and photographs of buildings on adjacent properties to the proposed site Ordinance No 383 27S Such application shall be filed with the Secretary of the Planning Commission accompanied by an application fee of $175 00 for a main building or structure or any accessory building which has a gross floor area in excess of 400 square feet For all applications covering only accessory buildings which have a gross floor area less than 400 square feet, the fee accompanying such application shall be $50 00 The application fee shall be in addition to the regular building permit fee required by the Building Code For the purpose of this Section the terms "main building or structure" and "accessory building' shall have the meaning ascribed to them by the Zoning Ordinance Section 5-7 5 Mileage Fees and Inspection Fees Each applicant shall pay a sum of money equal to 20Q per mile for each mile traveled by the building inspector or other city official in going to and returning from the location of the building or structure to be relocated A charge at the rate of $6 00 for each hour for each man shall be paid for the time required for each building inspection A minimum charge of $25 00 shall be made for such building inspection of the building or structure to be relocated Section 5-7 6 Public Hearings and Findings Prerequisite to Issuance Before the Planning Commission may recomment approval of an application for a permit for the moving of building or structure there shall be a public hearing upon providing the applicant at least five days written notice of same, and there shall be a finding that such moving shall not have a detrimental effect on the living environment and property values in the area into which the struc- ture is to be moved Before approving such application, the Planning Commission shall also make the following determinations (a) That the building architectural style and the within the area in which it is in conformity with the quality of existing buildings is proposed to be moved (b) That the proposed building shall not be less in value when moved and remodeled than the fair market value of the highest one-third of the buildings within the immediate area The immediate area shall be deter- mined by the Planning Commission but in no instance shall be less than five hundred (500) feet from the exterior boundary of the proposed site on which a building is to be moved (c) That the proposed relocation will in no way be detrimental to surrounding property or to the living environment of the area (d) That the proposed location will comply with lot area, required yard, setbacks, and all other pro- visions of the Zoning Ordinance of the City, including fire zones (e) That all dedication and improvements required for streets and alleys including sidewalks curbs, and gutters, necessary for access to the property upon which the structure is to be located are provided in conformity with the standards of the City In order to determine any of the matters presented by the application for relocation permit the Planning Commission may cause to be made any investigation it deems necessary Section 5-7 7 Buildings in Disrepair, Infested with Pests, Etc No relocation permit shall be or structure which is so constructed be dangerous, which is infested with which is unfit for human habitation, issued to relocate any building or is in such condition as to pests, which is unsanitary, which is so dilapidated defective unsanitary unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the real property and improvements in the district within a radius of 1 000 feet from the proposed site Nor shall such permit be granted if the proposed use of the building when relocated is prohibited by the zoning laws of the City, or if the building is of a type prohibited at the proposed location by any section of this Code or any other ordinance The building must meet all the requirements of a new building and conform to the general construction, design, class, size, in value of the neighboring buildings If in the opinion of the Building Superintendent the building can be practicably and effectively repaired, a permit to relocate may be granted upon such terms and conditions as the Planning Commission may determine If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that repair or correction cannot practicably and effectively be made, the permit shall be denied Section 5-7 8 Planning Commission May Impose Certain Conditions. The Planning Commission may in granting any relocation permit, impose thereon such terms and conditions as itnay deem reasonable and proper, including but not limited to the require- ments of changes, alterations, additions or repairs to be made to or upon the building or structure to the end that the relocation thereof will not be materially detrimental or injurious to the public safety, public welfare, or to the property and improve= ments of either in the district in which it is to be moved Section 5-7 9 Bond and Building Permit Required Before a permit for the relocation of any building is issued pursuant to this Article a building permit shall be applied for and approved and a bond posted with the City and approved The building permit shall be computed in the same manner and amount as in the case of new construction within the City The bond posted with the City shall be in an amount estimated by the Building Superintendent to cover the cost of required improvements to bring the building up to standards of the Building Code of the City adopted by this Chapter and shall be conditioned among other things, upon guaranteeing completion of required improvements on or before the 180th day from the date of issuance of the relocation permit If the site vacated by removal of a building pursuant to this Article is within the City, the bond shall also cover the costs involved in cleaning up the vacated site restoring it to a safe and sightly condition and estimated legal fees Section 5-7 10 Moved Buildin_s to Conform to Buil in Code Prior to occupancy, any building moved pursuan Article shall be brought up to the standards of the of the City adopted by this Chapter for a new buildin painted, refurnished and maintained at that standard Section 5-7 11 A..eals from Planning Commission to this ilding Code and shall be Cit Council. Any person aggrieved by the decision of the P1_ ning Commis- sion in carrying out the provisions of this Article ay within ten days after such decision appeal to the City Council by filing a written notice thereof with the City Clerk and the •'ty Council shall hold a public hearing on the matter after provi.1 ng the appli- cant at least five days written notice of said hearinz, and its decision thereon shall be final Said hearing by the City Council shall be held within forty days after receipt of the ritten notice by the City Clerk Section 5-8 Section 5-9 Section 5-10 Section 5-11 Repealed by Ordinance No 383 Repealed by Ordinance No 383 Repealed by Ordinance No 383 Repealed by Ordinance No 383 nrai»nnnn TT.. 1121 28( SECTION 2 Violations. Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred dollars or six months in the County Jail of Orange County or by both such fine and imprisonment in the discretion of the Court SECTION 3 Severability Clause It is hereby declared to be the intention of the City Council that the sections paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a Court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases clauses sentences, paragraphs, and sections of this Ordinance PASSED AND ADOPTED by the City Council of the City of Cypress, at an adjourned regular meeting held on the 15th day of July 1968 ATTEST' �' G//ALS CI CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) MAYOR OF THE CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at an adjourned regular meeting of the said City Council held on the 15th day of July 1968 by the following vote AYES: 4 COUNCILMEN: Harvey, Kanel Noe and Bowen NOES 0 COUNCILMEN' None ABSENT 1 COUNCILMEN None nrriinonne M^ 1521 CITY CL OF E CITY OF CYPRESS