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HomeMy WebLinkAbout1150 ORDINANCE NO. 1150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING CHAPTER 5 OF. ARTICLE VIII THEREOF ENTITLED "HOUSE MOVING" AND BY ADDING TO ARTICLE VIII THEREOF A NEW CHAPTER 5 ENTITLED "MOVING' AND DEM()LITION OF BUILDINGS. ' THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 5, entitled "House Moving'~, of Article VIII of the Arcadia Municipal Code and Sections 8501 through 8509 thereof are hereby repealed. SECTION 2. That the Arcadia Municipal Code is hereby amended by adding to Article VIII thereof a new Chapter 5 entitled "Moving and Demolition of Buildings", the same to read as follows: ARTICLE VIII. BUILDING REGULATIONS CHAPTEH 5. MOVING AND DEMOLITION OF BUILDINGS PART I. DEFINITIONS 8510. DEFINITIONS. For the purpose of this Chapter certain words and terms are defined and shall have the meaning thus ascribed. 8510.I, BUILDING. Building is any structure designed, in- tended or used for the housing, storage or enciosing of vehicles, persons; animals or,materiel, and shall include industrial, commer- cial, residential and accessory buildings. 8510.2. DEMOLITION. Demolition in all its forms shall in- clude t,he dismantling of a building for the salvage of materials therein. 8510.3. LOT. Lot is a parcel of real property as defined in any of the following subsections. 8510.3,,1. SAME. A parcel of real property shown as a de- lineated parcel of land with a number or other designation on the lat- est plat including such property recorded in the office of the County Recorder. -l- 1150 8510.3.2. SAME. An area or parcel of land used or capa- ble of being used for a building, with yards or other open spaces required by Article IX of the Code, provided such area or parcel contains not less than the prescribed number of square feet re- quired in the zone in which such pa~cel is located, and provided that each such parcel has permanent, legal access to a public street. 8510.3.3. SAME. A parcel of land other than such de- scribed in Section 8510.2.1 hereof held under separate ownership prior to the date of June 28, 1940, containing less than the pre- scribed minimum area and having permanent legal access to a public street. PART 2. MOVING OF BUILDINGS DIVISION I. IMPORT OF BUILDINGS, 852l, IMPORT PROHIBITED. No person shall move any build- ing from any place outside of the City to any place within the City. 8521.1. SAME. THROUGH TRANSIT EXCEPTED. The provisions of Section 8521 shall not preclude any person from transporting a building through the City to a place outside of the City upon ~om- pl1ance with Sections 8523 through 8523.3.1, 8523.3.4, and 8523.4.2 through 8523.5.7. 8521.2. SAME. TEMPORARY STRUCTURES EXCEPTED. The pro- visions of Section 8521 shall not preclude the transporting into or the use within the City of temporary facilities in accordance with or as required by other applicable regulations, such as construc- tion offices, storage sheds, portable sanitation facilities, tents, bleacher seats, construction barricades and the like, for use and if used only in connection with construction or other temporary activity lawfully conducted within the City. 8521.3. SAME. DISASTER SHELTERS EXCEPTED. The provisions of Section 8521 shall not prohibit the installation of a prefabri- , cated disaster shelter in accordance with applicable regulations. -2- 1150 DIVISION 2., RELOCATION OF BUILDINGS 8522. RELOCATION PROHIBITED. No person shall move or relocate any building in the City to any other lot Or place within the City. 8522.1. SAME. SAME LOT EXCEPTION. A building construct- ed'on, a lot in the City may be relocated upon the same lot if each of the following subsections are complied with. 8522.2. RELOCATION PERMIT. No person shall relocate any building on any lot in the City unless there shall have been first obtained from the Division of Building and Safety and is still in effect a valid relocation permit therefor. 8522.2.1. SAME. CODE COMPLIANCE. No permit fOr the re- ' location of any building within the City shall be issued if in the opinion of the Building Official such building do~s not comply with every applicable provision of this Code; provided, howev~r, that if such building may be made to conform with the provisions of ~his , , Code a relocation permit may be issued if concurrently application is made for and the required permits obtained for all alterations, repairs, additions an~ foundations necessary to make such building comply with all applicable provisions of this Code. 8522.2.2. SAME., APPLICATION. Every person intending to relocate any building in the City shall first file with the Building Official an application for' a Move Examination. Each such application shall be accompanied by detailed plans and speci- fications in duplicate of the building proposed to be moved. The application shall include or be accompanied by each of the follow- ing: : (a) The name, address and telephone number of the owner of the building proposed to be relocated. (b) The name, address and ,telephone number of the person -3- 1150 who will be in charge of and responsible for the relocation of the building and for compliance with all the requirements of this Divi- sion. (c) TIle street address and the legal description of the property upon which the building .1;o'be relocate~ :is,.,situated" and the street address that will become applicable to the building upon its relocation. (d) A plot plan showing the proposed new location of the bUilding. (e) A floor plan showing the arrangeme~t and size of each room and the type and size of each window therein. (f) A plan of the foundation to be provided at the pro- posed new site. (g) Elevations showing the proposed finished appearance of the front, sides and rear of the bUilding. (h) Structural details of any additions or alterations to be made to the building. (i) A photograph of the building proposed to be relocated. 8522.2.3. SAME. INSPECTION. Upon the filing of an ap- plication pursuant to Section 8522.2.2 and payment of the fee pre- scribed in Section 8522.3, the Building Official shall examine the bUilding therein described, shall review the plans and specifica- tions submitted with such application, and shall inspect the pro- posed new location of such building. The Building Official shall there~pon notify the applicant, personally or by mail, of the re- sults of such examination and of the City's additional requirements, if any, for relocating such building. 8522.2.4. SAME. TIME LIMIT. If the applicant does not apply for and obtain the relocation permit and building pe~it within ninety (90) days after the giving of such notice, he shall -4':' 1150 be required to request a Move Re-examination and to pay the fee specified for such re-examination. 8522.3. EXAMINATION FEES. For each Move Examination or Re-examination, the applicant shall pay in advance a fee of two dollars ($2.00) per one hundred (IOO) square feet or fraction thereof of floor space, whether usable or not, contained within the building proposed to be relocated. 8522.3.1. SAME. REDUCTION. For each Move Examinat:Lon or Re-examination of a building constructed pur8uant to a building permit issued by the City, the fee specified in Section 8522.3 shall be reduced as follows: Number of years between date of City building permit and date of filing of application in accordance with Section 8522.2.2 Amount of Foe Reduction 6 or more years 0 % 5 to 6 years 20 % 4 to :' years 40 d ,0 3 to 4 years 60 % 2 to 3 years 70 % I to 2 years 80 % Less than I year 90 % 8522.3.2. SAME. NON-REFUNDABLE. No portion of any fee specified in Sections 8522.3 or 8522.3.1 shall be refundable. 8522.3.3. OTHER DEPOSITS. Before issuance of a permit ,for the relocation of any building within the City, the applicant shall deposit with the City the sums specified in the fOllowing subsections. 8522.3.3.1. SAME. COMPLETION BOND. Applicant shall deposit with the City a cash bond in an amount equal to twenty-five cents (25~) for each square foot of floor area contained within the building. In no event shall the sum thus deposited be less than two hundred fifty dollars ($250.00). The purpose of such deposit will be to guarantee the compliance by applicant with the provisions of this Article and the completion of the relocation of the building -5- 1150 in, accordance with the provisions of and within the time specified by this Division, and shall be used or,refunded as provided in Sec- tion 8522.4. 8522.3.3.2. SAME. BUILDING PERMIT FEE. In lieu of the Building Permit Fee prescribed by Section 303 of the Uniform Build- ing Code, applicant shall pay to the City a Building Permit Fee at the rate of five dollars ($5.00) per one thousand dollars ($1,000.00) valuation or fraction thereof of the building to be relocated. For the purpose of computing, such fee, valuation shall include the rea- sonable cost of moving such structure and the reasonable value of all new cons1;r~ction, alterations, additions, repairs, replacements and foundations in connection therewith. 8522.3.3.3. SAME. OTHER FEES. Any fee required by Chap- ters 2, 3 and 6 of this Article and Chapters 2; 3 and 4 of Article VII of the Code. 8522.3.4. ZONING COMPLIANCE. Every building or structure relocated within the City shall comply with all the provisions of Chapter 2 of Article IX of this Code applicable to the new location. 8522.3.5. COMPLETION TIME. The relocation of any build- ing or structure within the City shall be completed in all respects within thirty (30) days after the issuance of the permit therefor. Unless extended by the Building Official for good cause, every such relocation permit shall expire and be of no effect after thirty (30) days from date of issuance. Relocation shall not be deemed com- pleted until the building is lowered onto its foundation at the new site, all exterj.or damage to the building caused by the relocation has been repaired and the former building site is cleared of all de- b~is, footings and 'foundations and the site levelled to finished g~ade. 8522.3.6. FINAL INSPECTION. Upon completion of the re- . ' location of a building within the City, the person owning the same shall request an inspection from the Building Official. The Build- ing Official shall thereupon cause an inspection of the building -6- 1150 to be made, and if he finds that all the provisions of this Division have been complied with he shall issue a written statement to such effect. 8522.4. USE OR REFUND OF BOND. Upon presentation of such statement to the City Treasurer, the cash bond deposited pursuant to Section 8522.3.3.1 shall be returned to the depositor thereof after first deducting therefrom all unpaid fees that may be due to the City under the provision of this Division, the cost as deter- mined by the Director of Public Works of repairing or replacing any public property damaged by the relocation of the building, and the sum of ten dollars ($10.00) per day for each day or fraction thereof beyond the time limit specified in Section 8522.3.5 during which the relocation of the building remained uncompleted. DIVISION 3. EXPORT OF BUILDINGS 8523, REMOVAL PERMIT. No person shall move any buildings through or from the City without first having obtained a Removal Permit therefor. 8523.1. SAME. APPLICATION. Every person desiring to move a building from the City shall file an application for a Re- moval Permit on a form provided by the Building Official for such purpose. 8523.2. SAME. SAME. CONTENTS. Each application for a Removal Permit shall contain the following: (a) The street address and the legal description of the property from which the bui1ding is to be removed and to which it is to be moved.. (b) The name, address and phone number of the owner of the building to be moved. (c) The name, address and phone number of the contractor who will move the building and his State contractor's licen~e number. -7- 1150 (d) The name, address and telephone number of the person in charge, lf he is not the owner, who will be responsible for all moving operations under the permit being applied for, including final clearance of the site. (e) The route proposed to be used for the moving of such building, and the date and hour of the proposed moving, and such other informat:lon as may be required by the Building Official. (f) The maximum height above street level that any por- tion of the bu:llding will be while being moved. (g) Each such application shall be signed by the appli- cant or his authorized agent. If signed by an agent, the agent may be required to submit evidence of his authority to so sign the application. 8523.3. DEPOSITS. Before issuance of a permit for the removal of a building from the City, the applicant shall deposit with the City the sums and documents prescribed in the following subsections. 8523.3.1. SAME. INSURANCE CERTIFICATE. A certificate of insurance coverage in the amounts specified in Section 8523.4, issued by a corporation authorized to do insurance business within the State of' California, which certificate shall provide that the insurance thereby represented will not be cancelled, reduced or allowed to expire unless written notice be sent to the City at least ten (lO) days in advance of any such cancellation, reduction or expiration. All such insurance certificates shall be submitted to the City Attorney for his approval before acceptance by the City. 8523.3.2. ~AME. CASH BOND. A cash bond in the amount specified in Section 8523.4.1. 8523.3.3. SAME. PERMIT FEE. A House Moving Permit Fee in the amount of thirty dollars ($30.00) for each building. -8- 1150 8523.3.4. SAME. ROUTE INSPECTION FEE. A Route Inspec- tion Fee of twenty dollars ($20.00). 8523.3.5. SAME. OTHER FEES. All fees required by Chap- ters 3 and 4 of Article VII of the Code. 8523.3.6. : SAME. EXCEPTION. The provisions of Sections 8523.3 through 8523.3.5 shall not apply to the State of California, any political subdivision thereof. or to any governmental agency. when moving a building by its own personnel. 8523.4. REQUIREMENTS. INSURANCE. Every perSon moving a building from or through the City shall take out and maintain public liability insurance to protect against loss from liability for damages on account of bodily injury. including death, and to pro- tect against loss for liability or damages to any property caused directly or ind:lrectly by the moving of the building. Such insur- ance policy shall be maintained in full force and effect during the moving of the structure in amounts of not less than one hundred thousand dollars ($100.000.00) for one person injured in one acci- dent and not less than three hundred thousand dollars ($300.000.00) for more than one person injured in one accident. and in an amount of not less th~l fifty thousand dollars ($50.000.00) with respect to any property damage aforesaid. The provisions of this/Section as to insurance shall not be construed as limiting in any way the extent to which the permittee may be held responsible for the pay- ment of damages., 8523.1~.1. SAME. PERFORMANCE BOND. To guarantee the compliance by applicant with the provisions of this Article. the removal of the building within the time specified by this Division and the final clearance of the building site. every person moving a building from the City shall deposit with the City a cash bond in an amount equal to twenty-five cents (251) for each square foot of ground flOor area contained within the building to be moved. In no event shall the sum thus deposited be less than two hundred fifty dollars. ($250.00). ~9- 1150 8523.4.2. SAME. ROUTE APPROVAL. No removal permit shall be issued b~ the Building Official except for a route, time and date first approved by the Chief of Police. 8523.4.3. SAME. EMERGENCY CHANGE. In the event of any emergency requiring the use of City streets for any purpose with which the moving of a building would interfere, the Chief of Police shall have the authority to require a change of the route to avoid such interference. 8523.4.4. SAME. UTILITY CLEARANCE. No route shall be approved by the Chief of Police unless the applicant furnishes to him a certificate from each public utility company maintaining or operating facilities along such route that its facilities will not be required to be relocated or interrupted by the,moving of the building along such route or that arrang~ments have been made by \ the applicant for the removal, relocation or restoration of such utility company's facilities with which the moving of the building along such route will interfere. 8523.4.5. SAME. DISCONNECTION OF UTILITIES. No removal permit shall be issued until all utility services have been shut off and disconnected from the building to be moved. 8523.5. REGULATIONS. Every person moving a building from or through the City shall comply with the regulations speci- fied in the following subsections. 8523.5.1. SAME. LICENSE REQUIRED. No person except a house mover licensed by the State of California shall remove any building from 01' through the Ci ty . 8523.5.2. SAME. RESPONSIBILITY FOR DAMAGE. Every per- son removing a building from the City shall make good all damages or injuries caused by the moving thereof. 8523.5.3. SAME. EQUIPMENT. The wheels and rollers of -10- 1150 all equipment used in moving of buildings shall have sufficient tire or bearing width to prevent grooving, marring or damaging of any street, alley, or public property upon which the same may be used. 8523.5.4. SAME. POSTING PERMIT. The permit issued pursuant to this Chapter shall be posted on the front of the build- ing being moved. 8523.5.5. SAME. LIGHTING. Every building, while being moved upon any street, alley, or public property, shall at all times between sunset and sunrise be illuminated by adequate warning devices placed at each corner of the building and at the end of any projection thereof. 8523.5.6. SAME. PARKING. No person ?hall place or park any building upon any public street, alley or property with- out the prior written approval of the Chief of Police and of the Chief of the Fire Department. ---- -IO-A- 1150 . _/ _J '-'0_,/_'_"- n, _ .........__....... _ 8523.5.7. SAME. HEIGHT. If the highest point of the building when loaded and ready for moving is more than sixteen (16) feet above the ground surface, the cost of rearranging, protecting and restoring the equipment of any public utility affected shall be borne by the permittee. 8523.5.8. SAME. SITE CLEARANCE. The site in the City from which a building is removed shall be cleared of all foundations, driveways and walkways and all portions thereof, shall have all loose combustible materials and debris removed therefrom, and all excavations shall be filled in with soil free of debris, all of which shall be accomplished within thirty (30) days from the time said building is removed. 8523.6. USE OR REFUND OF BOND. Upon notification by the Building Official that the removal has been completed and the site thus cleared, the City Treasurer shall refund to the depositor the amount of the cash bond deposited, after first deducting therefrom all fees and penalties payable to the City under the provisions of ,. , this Division, the cost as determined by the Director of Public Works of repairing or replacing any public property damaged by the moving of the building, and the sum of ten dollars ($10.00) per day for each day beyond the limit specified in the permit for the completion of the removal and the clearance of the site in accord- ance with the provisions of this Division. PART 3. DEMOLITION OF BUILDINGS 8531. PERMIT REQUIRED. No person shall de- molish any building within the City unless a valid permit there- for has been obtained and is in effect as provided in this Part. 8531.1. SAME. APPLICATION. Before a permit required by Section 8531 may be issued, an application therefor must be filed ,with the Division of Building and Safety setting forth the following information: -ll- 1150 -. -___ -~ '_~~.r - '______ (a) Nlune, address and telephone number of the owner of the building to be demolished. (b) TIle address or legal description of the property upon which is situated the building intended to be demolished. (c) The name, address and telephone number of the person that will demoliflh the building for which permit application is made. (d) The state contractor's license number of the person described in subsection (c) if such person is not the same as the person described in subsection (a) hereof. (e) A precise description of the portion of the building to be demolished. (f) The name, address and telephone number of the person who will be in charge of and responsible for all demolition opera- tions under the permit being applied for, including final clearance of the site. 8531.2. FEES AND DEPOSITS. Prior to the issuance of a permit under this Part, the fees and deposits specified in the fol- lowing subsections shali be paid and made to or with the City. 8531.2.1. SAME. DEMOLITION FEE. A demolition permit fee calculated in accordance with the following schedule: 500 sq. ft. Or less of building 501 to 1000 sq. ft. of building 1001 to 3000 sq. ft. of building 3001 to 10,000 sq. ft. of building over 10,000 sq. ft. of building No Fee $ 1.00 5.00 10.00 25.00 8531.2.2. SAME. OTHER FEES. All fees required by Chap- ters 3 and 4 of Article VII of the Code. 8531..2.3. SAME. PERFORMANCE BOND. A cash bond in an amount equal to twenty-five cents (25/) for each square foot of floor area contained in the building, but in no event less than two hundred fifty dollars ($250.00), to guarantee compliance by applicant with the -12- 1150 ~------------...........~~ provisions of this Part, the demolition of:the building within the time specified by Section 8532.5, and the final clearance of the building site. 8531.2.4. SAME. EXCEPTION. The provisions of Sections 8531 through 8531.2.3 shall not apply to the State of California, any political subdivision thereof, or to any governmental agency, when demolishing a building by its own personnel. 8531.2.5. SAME. DISCONNECTION OF UTILITIES. No demoli- tion permit shall be issued until-all utility services have been shut off and disconnected from the building to be moved. 8532. REGULATIONS. Every person demolishing a building shall comply with each of the regulations contained in the follow- ing subsections. 8532.1. SAME. LICENSE REQUIRED. No person except a person properly licensed therefor shall demolish any buildingj pro- vided, however, that the owner of a building may demolish his own building provided he owns the property on which his building stands. 8532.2. SAME. POSTING. The permit required by this Part shall be conspicuously posted in the immediate vicinity of the build- ing being demolished. 8532.3. SAME. RESPONSIBILITY. A person demolishing a building shall be responsible for all damages or injuries caused by such demolition, and shall cause all dry or:dusty materials or de- bris to be wet down to lay the dust. 8532.4. SAME. SITE CLEARANCE. All combustible materials or debris rema,in:tng at the site at the completion of the work shall be removed, all cement, steel or other building material removed to a point even with the finished grade, and all excavations filled in to average grade with soil free of debris. 8532.5.. SAME. COMPLETION TIME. The demolition of any building shall be completed within thirty (30) days of the time it is begun, except that the Building Official may for good cause -13- 1150 8532.6. USE OR REFUtl.lJ Ulr J:IVIU/. ,ul'vu uv__________ Building Official that demolition has been completed and the site thus cleared, the City Treasurer shall refund to the depositor the ~ount of the cash bond deposited, after first deducting therefrom all fees and penalties payable to the City under ,the provisions of this Part, the cost'as determined by the Director of Public Works of repairing or replacing any public property damaged hy the demolition , of the building, and t~e sum of ten dollars ($10.00) per day for each day beyond the limit specified in the permit for the completion S d I t \ b s ~. " ~ 'J " i J ~ I ,\ , , ' of ,the demolition and the clearance of the site in accordance with , 11 I the provisions of this Part. ,SECTION 3. The,Clty Clerk shall certify to the adoption of this ordinance. I HEREBY CERTIFY that the foregoing ordinance was adopted , " at a regular meeting of the City Council of the City of Arcadia held on the 20th day of February 1962, by the affirmative vote of at 'least three Councilmen, to wit: AYES: Councilmen Butterworth, Camphouse, Phillips, .Reibold and Balser NOES: None ABSENT: None $~~~ City C erk of the ,.City of Arcadia ~ SIGNED A1ID APPROVED this 20th day of February ~ 1962. QA -. ~ i2.'<1'/4 / tf~~ City .of.' Arcadia' -14- 1150 - .1.___-"' ..._.----.......~...-r.-..~.-..-_.-' -...- -,,- -...- grant one (I) extension of an additional thirty (30) days. ,Demo- lition shall not be deemed completed' until the provisions of Sec- tion 8532.4 have been complied with. 8532.6. USE OR REFUND OF BOND. Upon notification by the Building Official that demolition has been completed and the site thus cleared, the Oity Treasurer shall refund to the depositor the amount of the cash bond deposited, after first deducting therefrom all fees and penalties payable to the City under ,the provisions of this part, the cost'as determined by the Director of Public Works of repairing or replacing any public property damaged hy the demolition , of the bUilding, and th.e sum of ten dollars ($10.00) per day for each day beyond the limit specified in the permit ,for the completion of ,the demolition and the clearance of the site in accordance with the provisions of this Part. SECTION 3. The City Clerk shall certify to the adoption of this ordinance. r HEREBY CERTIFY that the foregoing ordinance was adopted at a regu~ar meeting of the City Council of the City of Arcadia held on the 20th day of February 1962. by the affirmative vote of at 'least three, Councilmen, to wit: AYES: Councilmen Butterworth, Camphouae, Phillips, ,Reibold and Balser NOES: None ABSENT: None ~h~4/ q y C erk of t eCity of Arcadia . .' SIGNED AND APPROVED this 20th day of ,.February ~ ~ ~' -13 fA " {- ayor , 0 t e' city ,of rcadia 1962. r- (.