96 - MOVING OF BUILDINGS
It is unlawful for any person to move any building in the city from one lot or piece of property to another, or from one place to another upon the same lot, or from without the city into the city without first securing a permit to do so from the city council.
(Ord. 07-05 § 1 (part), 2007)
All applications for a relocation permit to move any building shall be made in writing to the planning commission of the city on a form furnished by the commission and shall contain the following information:
A.
Description of type of building to be moved;
B.
Present location of building;
C.
Proposed location of building;
D.
Present and future use of the building;
E.
Route over which such building is to be moved and method to be used in moving the building;
F.
That information required by Section 301(d) of the Uniform Building Code as adopted by the city;
G.
Photographs of the building or structure to be moved and photographs of the buildings on the properties contiguous with the premises onto which the building or structure is to be moved;
H.
A report from a licensed structural pest-control contractor stating the condition of the building or structure as to decay and pest infestation;
I.
Such other information as may reasonably be required in order to carry out the purposes of this section.
(Ord. 07-05 § 1 (part), 2007)
A.
Before any application for a relocation permit is accepted, an application fee shall be paid by the applicant to the building department to cover the cost of investigation and inspection. The application fee shall be twenty-five dollars ($25.00) for any building located within the city. For any building located outside the city the application fee shall be twenty-five dollars ($25.00) plus one dollar ($1.00) for each mile, or fraction thereof, which the building to be moved is located beyond the city limits of the city. This application fee shall be in addition to all other fees required by the city code.
B.
Upon acceptance of any application for a relocation permit, the planning commission will cause to be inspected the building or structure proposed to be moved, the district into which the building is to be moved, and the premises onto which the building is to be moved.
(Ord. 07-05 § 1 (part), 2007)
A.
No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous or which is unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, 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 property or improvements in the district into which the building is to be relocated; or if the proposed use is prohibited by any provision of the city code or by any other law or ordinance; provided, however, that if the conditions of the building or structure in the judgment of the building inspector admits of practicable and effective repair, the permit may be issued on such terms and conditions as the building inspector may deem reasonable and proper, including but not limited to the requirement 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 public safety or to public welfare or to the property and improvements, or either, in the district into which it is to be moved.
B.
The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto. Such terms and conditions and the relocation bond shall provide for the removal of all concrete, lumber and other debris and the filling of basements, cellars or other excavations remaining from the removal of the building or structure from the premises from which it is moved which such premises are within the city.
(Ord. 07-05 § 1 (part), 2007)
The planning commission shall cause to be posted, seven days prior to the date on which application for a permit is to be heard, a notice, in a conspicuous place upon the property to which the building is to be moved, which notice shall contain the following:
A.
The date on which the planning commission shall hold a hearing on the application for a permit to move a building;
B.
Description of type of building to be moved;
C.
Present location of building;
D.
Proposed location of building.
(Ord. 07-05 § 1 (part), 2007)
At the time fixed in such notice to be posted as set forth in Section 17.96.050, any person may appear before the planning commission of the city and make objections to the granting of such permit. After hearing the application and all objections, if any, to such application for a permit, the planning commission shall forward to the city council the original application, and the planning commission's findings recommending the approval or disapproval of the application. The hearing on such application may be continued from time to time at the planning commission's discretion. On receipt of such recommendation, the city council may in its discretion either grant or deny the application for a permit, and may attach any conditions to such permit deemed necessary by the council.
(Ord. 07-05 § 1 (part), 2007)
If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the relocation permit shall be denied.
(Ord. 07-05 § 1 (part), 2007)
No relocation permit required by this section shall be issued by the city council unless the applicant therefor shall first post with the city a bond executed by the owner of the premises where the building or structure is to be located, as principal, and a surety company authorized to do business in the state, as surety. The bond shall be in form joint and several, shall name the city as obligee and shall be in an amount equal to the cost plus ten (10) percent of the work required to be done in order to comply with all the conditions of such relocation permit and any other ordinance, rules or regulations of the city, as such cost is estimated by the building department of the city. In lieu of a surety bond the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called "cash bond" for the purpose of this section. No bond, except as may be required by Section 17.96.110 need be posted in any case where the city council shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover.
(Ord. 07-05 § 1 (part), 2007)
When a building or structure is moved from any property located in the city to any other location, the site from which the building is moved shall be cleaned of all concrete, lumber and other debris remaining from the removal of the building and all basements, cellars and other excavations shall be filled. Such works shall be performed by the person moving such building or structure.
(Ord. 07-05 § 1 (part), 2007)
In granting any permit, the council may in its discretion require applicant to give a separate and additional bond to the city in an amount to be fixed by the council to insure payment for any damage which applicant may cause to any public property, streets, sidewalks, trees or shrubs in the moving of any building.
(Ord. 07-05 § 1 (part), 2007)
If any section, subsection, sentence, clause or phrase or word of this chapter is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Mendota City council hereby declares that it would have passed and adopted this chapter and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional.
(Ord. 07-05 § 1 (part), 2007)
96 - MOVING OF BUILDINGS
It is unlawful for any person to move any building in the city from one lot or piece of property to another, or from one place to another upon the same lot, or from without the city into the city without first securing a permit to do so from the city council.
(Ord. 07-05 § 1 (part), 2007)
All applications for a relocation permit to move any building shall be made in writing to the planning commission of the city on a form furnished by the commission and shall contain the following information:
A.
Description of type of building to be moved;
B.
Present location of building;
C.
Proposed location of building;
D.
Present and future use of the building;
E.
Route over which such building is to be moved and method to be used in moving the building;
F.
That information required by Section 301(d) of the Uniform Building Code as adopted by the city;
G.
Photographs of the building or structure to be moved and photographs of the buildings on the properties contiguous with the premises onto which the building or structure is to be moved;
H.
A report from a licensed structural pest-control contractor stating the condition of the building or structure as to decay and pest infestation;
I.
Such other information as may reasonably be required in order to carry out the purposes of this section.
(Ord. 07-05 § 1 (part), 2007)
A.
Before any application for a relocation permit is accepted, an application fee shall be paid by the applicant to the building department to cover the cost of investigation and inspection. The application fee shall be twenty-five dollars ($25.00) for any building located within the city. For any building located outside the city the application fee shall be twenty-five dollars ($25.00) plus one dollar ($1.00) for each mile, or fraction thereof, which the building to be moved is located beyond the city limits of the city. This application fee shall be in addition to all other fees required by the city code.
B.
Upon acceptance of any application for a relocation permit, the planning commission will cause to be inspected the building or structure proposed to be moved, the district into which the building is to be moved, and the premises onto which the building is to be moved.
(Ord. 07-05 § 1 (part), 2007)
A.
No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous or which is unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, 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 property or improvements in the district into which the building is to be relocated; or if the proposed use is prohibited by any provision of the city code or by any other law or ordinance; provided, however, that if the conditions of the building or structure in the judgment of the building inspector admits of practicable and effective repair, the permit may be issued on such terms and conditions as the building inspector may deem reasonable and proper, including but not limited to the requirement 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 public safety or to public welfare or to the property and improvements, or either, in the district into which it is to be moved.
B.
The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto. Such terms and conditions and the relocation bond shall provide for the removal of all concrete, lumber and other debris and the filling of basements, cellars or other excavations remaining from the removal of the building or structure from the premises from which it is moved which such premises are within the city.
(Ord. 07-05 § 1 (part), 2007)
The planning commission shall cause to be posted, seven days prior to the date on which application for a permit is to be heard, a notice, in a conspicuous place upon the property to which the building is to be moved, which notice shall contain the following:
A.
The date on which the planning commission shall hold a hearing on the application for a permit to move a building;
B.
Description of type of building to be moved;
C.
Present location of building;
D.
Proposed location of building.
(Ord. 07-05 § 1 (part), 2007)
At the time fixed in such notice to be posted as set forth in Section 17.96.050, any person may appear before the planning commission of the city and make objections to the granting of such permit. After hearing the application and all objections, if any, to such application for a permit, the planning commission shall forward to the city council the original application, and the planning commission's findings recommending the approval or disapproval of the application. The hearing on such application may be continued from time to time at the planning commission's discretion. On receipt of such recommendation, the city council may in its discretion either grant or deny the application for a permit, and may attach any conditions to such permit deemed necessary by the council.
(Ord. 07-05 § 1 (part), 2007)
If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the relocation permit shall be denied.
(Ord. 07-05 § 1 (part), 2007)
No relocation permit required by this section shall be issued by the city council unless the applicant therefor shall first post with the city a bond executed by the owner of the premises where the building or structure is to be located, as principal, and a surety company authorized to do business in the state, as surety. The bond shall be in form joint and several, shall name the city as obligee and shall be in an amount equal to the cost plus ten (10) percent of the work required to be done in order to comply with all the conditions of such relocation permit and any other ordinance, rules or regulations of the city, as such cost is estimated by the building department of the city. In lieu of a surety bond the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called "cash bond" for the purpose of this section. No bond, except as may be required by Section 17.96.110 need be posted in any case where the city council shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover.
(Ord. 07-05 § 1 (part), 2007)
When a building or structure is moved from any property located in the city to any other location, the site from which the building is moved shall be cleaned of all concrete, lumber and other debris remaining from the removal of the building and all basements, cellars and other excavations shall be filled. Such works shall be performed by the person moving such building or structure.
(Ord. 07-05 § 1 (part), 2007)
In granting any permit, the council may in its discretion require applicant to give a separate and additional bond to the city in an amount to be fixed by the council to insure payment for any damage which applicant may cause to any public property, streets, sidewalks, trees or shrubs in the moving of any building.
(Ord. 07-05 § 1 (part), 2007)
If any section, subsection, sentence, clause or phrase or word of this chapter is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Mendota City council hereby declares that it would have passed and adopted this chapter and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional.
(Ord. 07-05 § 1 (part), 2007)