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HomeMy WebLinkAboutOrdinance #764 ORDINANCE No. 764 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, AMENDING THE HUNTINGTON BEACH ORDINANCE CODE, REQUIRING A PERMIT PRIOR TO MOVING OR RELOCATING ANY BUILDING WITHIN OR INTO THE CITY OF HUNTINGTON BEACH SPECIFYING METHODS AND CONDITIONS OF GaNTING, REASONS FOR DENIAL, FIXING PROCEDURES, PROVIDING PENALTIES FOR VIOLATIONS, and PROVIDING FOR FEES. The City Council of the City of Huntington Beach do or- dain as follows: Section 1. That Sections 8131, 8132, 8133, 8134 and 8135 of the Huntington Beach Ordinance Code be and the same are hereby amended, and as amended are to read in words and figures As follows: Section 8131. Application for Permit: No person,firm or corporation shall move any building, or structure , or portion of a building or structure into the City of Hunting- ton Beach or relocate any building or structure, or portion of a building or structure within said City, or cause the same to be done without first obtaining a separate build- ing moving permit for each building or structure, or por- tion thereof from the Huntington Beach Building Department. Section 8132. Application: Contentst To obtain a permit the applicant shall first file an application therefor, in writing,on a form furnished for that purpose by the Building Department. Every such application shall contain or have 1. Ord. No. 764 appended thereto, the following information: 1. Name of street and official house number, the name of the tract and/or block and zone-use legend., the lot number and its dimensions, where the building or structure to be moved is to be placed. 2. The proposed use or occupancy for the building. 3. The tract, block, lot, zone use and official address of the building or structure ' s existing location. 1+. All dimensions and structural type of the building or structure. 5. The nature of the repairs and any alterations or additions. 6. The complete valuation of the proposed work. 7. A PLOT PLAN drawn to a scale of not later than one-eighth inch (1/811) to the foot shall be filed with the application. Such plot plan shall in- dicate with dimensions, all existing and proposed setbacks. 8. One 8" x 10" photograph of said building. Section 8111. Posting: When such application is filed with all the information required. The Building Department shall inspect said building and if it conforms with the min- imum requirements of the Huntington Beach Building Code for a new building, then MOVING NOTICE cards shall be made out and posted by the Building Department within forty-eight hours from the time of the filing of such application. If the building does not conform with the minimum requirements of the Huntington Beach Building Code, the application shall be denied. 2. . Ord. No. 764 Said Moving Notice cards shall not be less than one (1) foot square in area, shall be headed "Notice of Moving and Relocation" in blackfaced type letters of not less than two (2) inches in height , and there shall be printed or typewritten upon said cards the following information: 1. The address from which and to which it is pro- posed to move structure or structures, together with a brief description of the structure or structures to be moved. 2. A notice that if a written protest to said moving signed by one or more persons who own real proper- ty within 300 feet of the location to which said structure or structures are to be moved, is filed in the office of the City Clerk on or before the date therein named (which date shall be on or before 7 days after such posting) ; that such pro- test shall be heard and determined by the City Council of the City, at its first regular meeting after the expiration of the date set for filing protests as aforesaid. 3. A notice that if a written protest as above set forth is not filed within said period of time and all other requirements of this ordinance have been fulfilled, the Building Department will issue a Relocation Permit as herein provided One Moving Notice Card shall be posted and located in a conspicuous place on the lot to which it is proposed to move said building or structure, in clear view and app roxi- mately fifteen (15) feet back of the front property line of an interior lot. If it is proposed to move the building or structure onto a corner lot, a second Moving Notice card shall be located and posted in a similar position and facing the secondary street. One Moving Notice card shall be posted on the front of the building or structure to be moved if said building is within the City of Huntington Beach.. 3• Ord. No. 164 . The said Moving Notice cards shall remain posted for a period of seven (7) consecutive days. At the end of such posting time, the Moving Notice cards shall be removed by an official of the City of Huntington Beach. Section 83.14. Protest and Hearing. If a protest against the moving of said building or structure is f iled,it shall be in writing and signed by one or more individual property owners who own real property within 300 feet of the location to which said structure or structures are to be moved. Such protest shall be filed in the office of the City Clerk of said City during said period of required posting. The City Clerk shall cause each and every written protest filed hereunder to be presented to the City Council of said City at the first regular meeting of said Council following the expiration of the seven day posting period.The Building Department shall file at the same time its recommend- ation regarding the granting or denial of a permit. The City Council shall hear the application and protests, and may grant or deny the application at that time, or may app oint 'a committee to investigate the application and any protest thereto that may have been filed, and continue the matter of determination to a subsequent meeting. In the event the City Council of the City of Hunting- ton Beach denies an application to move a building or struct- ure a second application to move the same building or structure to the same property and address shall not be applied f or9. 4* Ord. No. 764 not permit granted therefor, within six (6) months from and after the date of the City Council denial of the ap- plication to move said building or structure. In the event that the City Council of the City of Huntington Beach authorizes the moving of said building or structure to the proposed new location after a hearing is held as herein provided, the City Council shall direct the Building Department to issue a permit therefor, providing all other requirements of this Ordinance have been fulfilled. If no protest is filed, the Clerk shall notify the Building and the Building Department shall issue the permit. Section 8135. Relocation Permit - Inspection Fees: Whenever a permit is sought for the purpose of moving a building from outside the city limits to within the city limits, the sum of One Hundred Dollars ($100.00) shall be paid to the City to accompany the application for a permit. If said application is denied, the sum of Fifty Dollars ($50.00) will be refunded to applicant. Whenever a permit is sought for the purpose of relocating any building within said City, the sum of Fifty Dollars ($50.00) shall be paid to the City to accompany the application for a permit. If said application is denied the sum of Twenty-Five Dollars (S25.00) will be refunded to the applicant. Provided, how- ever, if any building shall be relocated upon the same par- cel, a fee of Twenty-Five ($25.00) shall be paid to the City to accompany the application for a permit, which sum shall be retained by the City whether such permit is granted or Ord. No. 764 denied. Applicant must then proceed henceforth as per ex- ixting ordinances and shall pay directly to the Building de- partment any and all fees other than the original. permit fee as hereinabove provided. Section 2. That the following new sections are hereby added to the Huntington Beach Ordinance Code, which new sec- tions shall be in words and figures as follows: Section 8136. Relocation Permits Section 8136.1. Bond Required: 1. No relocation permit shall be issued unless the applicant therefor shall first post with the Building Depart- ment a bond executed by the owner of the premises where the building or structure is to be located, as principal, and by a surety company, authorized in this State, as surety. 2, The bond which shall in form Joint and several, name the City of Huntington Beach as obligee, and shall be in an amount equal to the cost, plus twenty-five percent (25%) of the work required to be done in order to comply with all of the conditions of such relocation permit as estimated by the Building Inspector. In lieu of a surety bond, the applicant may post a bond executed by the said owner as prin- cipal and which is secured by a deposit of cash in the amount. named above and conditioned as required in the case of a surety bond; such bond as so secured is hereinafter called a Ord. No. 764 "cash bond" for the purposes of this section. 3. No bond, however, need be posted in any case where the Building Inspector shall determine that the only re- location involved is that of moving a building temporarily to the regularly occupied business premises of a house mov- er or that of ,moving a building to adjacent property of the same owner; but the exceptions herein made shall not apply unless the City Building Inspector finds that no such securi- ty is necessary in order to assure compliance with the re- quirements of this section. Section 8136,11. Bond Conditions: Every bond posted pursuant to this section shall be conditioned: 1. That each and all of the terms and conditions of the relocation permit shall be complied with to the satis- faction of the Building Inspector. 2. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully per- formed and completed with the time limit specified in the relocation permit; or if no time limit is specified, within ninety (90) days after the relocation permit is issued. The time limit herein specified or the time limit specified in any permit may be extended for good and sufficient cause by the Building Inspector. No such extension of time shall be valid unless in writing, -and no such extension shall release any surety from any bond. 7_ Ord. No. 764 Section 81.16.2. Default in Performance of Conditions- Notice to be Given: 1. Whenever the Building Inspector shall find that a default has occurred in the performance of any term or con- dition of any permit, written notice thereof shall be given to the principal and to the surety on the bond. 2. Such notices shall specify the work to be done, the estimated cost thereof, and the period of time deemed by the Building Inspector to be reasonably necessary for the completion of such work. 3. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed, or failing therein, must pay over to the Building Department the estimated cost of doing the work as set forth in the notice , plus an additional sum equal to twenty-five percent(25%) of said estimated cost. Upon receipt of such monies, the Building Department shall proceed by such mode as deemed convenient to cause the work required to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the said sum in hand therefor. Section 8136.3. Cash Bond-Manner of Enforcement. If a cash bond has been posted, notice of default as provided above shall be given to the principal, and if the compliance 8. Ord. No.` 764 is not obtained within the time specified, the Building Inspector shall proceed without delay and without further notice of proceedings whatever, to use the cash deposit or any portion of such deposit to cause the required work to be done by contract or otherwise, in his discretion. The balance, if any, of such cash deposit shall upon the com- pletion of the .work be returned to the depositor or his suc- cessor or assigns, after deducting the cost of the work plus twenty-five percent (25%) thereof. Section 8116.4. Option to Demolish Building or Struct- ure: When any default has occurred on the part of the prin- cipal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, of de- molishing the building or structure and clearing, cleaning and restoring the site. If the surety default, the Building Department shall have the same option. Section 8136.5. Period and Termination of Bond: The term of each bond posted pursuant to this section shall terminate upon the completion to the satisfaction of the Building Inspector, of the performance of all the terms and conditions of the relocation permit. Such completion shall be evidenced by a statement thereof signed by the Building Inspector, a copy of which shall be sent to any surety or principal upon request. When a cash bond has been posted,the cash shall be returned to the depositor or to his successors 9. Ord. No. 764 or assigns upon the termination of the bond, except any por- tion thereof that may have been used or deducted as else- where in this article provided. Section 8116.6. Entry Upon Premises: 1. The Building Inspector, the surety, and the duly authorized representatives of either,shail have access to the premises described in the relocation permit, for the purpose of inspecting the progress of the work. 2. In the event of any default in the performance of any term or condition of the relocation permit, the sure- ty, or any person employed or engaged in its behalf, or the Building Inspector, or any person employed or engaged in his behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the building or structure. 3. It shall be unlawful for the owner or his repre- sentatives,successors or assigns,or any other person,to inter- fere with or obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety, or of the'-City of Huntington Beach, engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued after default has occurred in the performance of the terms or conditions thereof. 10. Ord. No. 764 Section 8136.7. Relocation Permits - Exceptions: The provisions of this article relating to the posting of bonds shall not apply where the building or structure is to be moved to a location outside of the City limits of Huntington Beach. In such cases, if the Building Inspector finds that the building or structure is so constructed and in such don- dition that it may be moved with. safety, the permit shall be issued without the requirement of a bond. Section 8116 8. Relocation Permits - Fees: 1. If the bond herein required is not posted within. six (6) months after notice to the applicant by the Building Inspector of the required amount thereof, a new application shall be filed and the required application fee paid before the relocation permit may be issued. 2. -The provisions of this section relative to fees and bonds shall not apply to the relocation of buildings or structures to be used by a governmental agency for a govern- mental purpose. Section 8136.9. Inspections Required: Any building moved into this City shall be subject to final inspection by the Building inspector and shall be inspected and approved prior to occupancy. It is unlawful to move any building into this City to occupy the same unless the sams has been inspect- ed and approved by the Building Inspector. Section 8137. Any person, firm, or corporation violat- 11. Ord. No. 764 ing any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof, shall be pun- ished by a fine of not more than $300.00 or by imprisonment yin the city or county jail for a term not exceeding three (3) months or by both such fine and imprisonment and such person, firm or corporation shall be deemed guilty of sepa- rate offenses hereunder for each day, or portion thereof, upon which any provisions of this Ordinance is violated. Section 3. The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the samm shall take effect and be in f'or-ce,. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 11th day of April 1960. Mayor ATTEST; City Clerk 12. Ord. No. 164 STATE OF CALIFORNIA ) County of Orange - ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of- the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 4th day of April , 1960, and was again read to said City Council at a regular meeting thereof held on the 11th day of April 1960, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council, AYES: Councilmen: Lambert, Tarry, Waite, Irby. NOES: Councilmen: None_ ABSENT: Councilmen: So rk. (pity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 12.