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HomeMy WebLinkAboutOrdinance #1244 ORDINANCE No. 1244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO MOVE-IN HOUSES: AMENDING THE HUNT- INGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS THEREOF AND ADDING SECTIONS THERETO. The City Council of the City of Huntington Beach does or- dain as follows: Section 1. That sections of Article 813 of the Hunting- ton Beach Ordinance Code are hereby amended, and as amended, shall read in words and figures as follows: S. 8121. Application for Permit. No person, firm or corpora- tion shall move any building, or structure, or por- tion of a building or structure into the City of Huntington Beach or relocate within said City, or cause the same to be done without first obtaining a separate building permit for each building or structure, or portion thereof from the Hunting- ton Beach Building Department. This building moving permit will be subject to the - . ..following conditions: (a) Payment of a relocation fee. (b) The maximum time limit for the completion of a move-in building shall be 120 days. (c) All streets shall be dedicated to their ultimate right-of-way and improved to City standards in- cluding street trees, street lights and street signs. (d) All utilities shall be installed underground. (e) On site walkways and driveways shall be installed to City standards. (f) The building shall be restuccoed and repainted. (g) Payment of Park and Recreation fees. (h) A cash bond in the amount specified in Section 8131.1 (b). 1. Ord. N6 1244 S.- 8132 Protest and Hearl=. If a protest against the moving ,of ,ssid .building or structure Is filed, it shall be Id 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 Building Department of said City during said period of requir- ed posting. S. 8133. Relocation Permit. Inspections 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 Five Hundred Dollars ($500-00) per living unit shall be paid to the City to accompany the application for a permit. If said application Is denied, the sum of Four Hundred Dollars (#400,00) per living unit will be fefunded to the applicant. , Whenever a permit Is sought for the pur- pose of relocating any building within said City, the sum of Five Hundred Dollars ($500-00) per living unit shall be paid to the City to accompany the application for a permit. If said application is denied, the sum of Four Hundred Dollars 0400.00) per living unit will be refunded to the applicant. Provided, however, If any building shall be relocated upon the same parcel, a fee of Twenty-five Dollars ($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 denied. Applicant must then proceed henceforth as per existing ordinance and shall pay directly to the Building Department any and all fees other than the original permit fee as hereinabove provided. S. 8133.1. Relocation Permit. (a) Bond Required: No relocation permit shall be Issued unless the applicant shall first post with the Department of Building and Safety, a cash bond by the owner of the premises where the building or structure Is to be located. (b) 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 re- quired to be done In order to comply with all of the conditions of such relocation permit as estimated by the Building Inspector. 2. Ord. 1244 (a) No bond, however, need be posted in any case where the Building Inspector shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover 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 Director finds that no such security is necessary in or- der to assure compliance with the requirements of this section. S. 8133.. . Default In Performance of Conditions - Notice To Be Uiven• (a) Whenever the Building Director shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal. (b) Such notices shall specify the work to be done, the estimated cost thereof, and the period of time deembd by the Building Director to be reasonably necessary for the completion of such work (c) After receipt of such notice the owner shall cause the required work to be performed or fail- ing therein the Building Department shall then proceed forthwith to cause the work required to be performed and completed. All costs incurred shall be paid out of aforementioned cash bond. No liability shall be incurred therein other than for the expenditure of the said sum in hand therefor. S. 8133.5 Option to Demolish Building Or Structure. When any default has occurred on the part of the principal under the preceding provisions, the Building Department shall have the option, in lieu of completing the work required, of demolishing the building or structure and clearing, cleaning and restoring the site 3• Ord. No. 1244 S. 8133 .6 Period And Termination of Bond. The term of each on posted pursuant to this section shall terminate upon the completion to the satisfaction of the Building Director 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 Director, a copy of which shall be sent to any prinicpa.l .upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his suc- cessors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this article provided. S. 8134. Entr Upon Premises. The Building Director a9lcn his duly authorized representatives shall have access to the premises described in the relocation per- mit, for the purpose of inspection the progress of the work. S. 8134.1 In the event of any default in the perform- ance of any term or condition of the reloca- tion permit, the Building Director, 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. S. 8134.2 It shall be unlawful for the owner or his representatives, successors or assigns, or any other person, to interfere with or obstruct the ingress or egress to or from any such premises of the City of Hunt- ington 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. S. 8135. Relocation Permits - Exceptions. The pro- visions of this article relating to the post- ing 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 Director finds that the building or structure is so constructed and in such condition that it may be moved with safety, the per- mit shall be issued without the requirement of a bond. S. 8135.1 Relocation Permits - Fees. If relocation is not commenced six months . after the fil- ing for a relocation permit, said application will be void and fees forfeited. A new application shall be filed with the required fees before a, relocation permit shall be issued. Section 2. That the following sections are hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows: 4 Ord. No. 1244 S. 8131.3 After the initial inspection by the Building Department, should it be determined by the Building Department that said structure may have an unjur- ious effect upon the characteristic of the neighborhood in which this building is to be moved , the Director of Building and Safety may referr this matter to the .Board of Zoning Ad- justments. S. 8131.3.1 The Board of Zoning Adjustments, upon re- ceipt of this matter from the Director of Building and Safety shall review the matter as an adminis- trative act and determine whether or not the movement of this building into its proposed location will have an injur- ious effect upon the neighborhood, .based on the following criteria. (a) The age of the building as compared to the age of those in the neighborhood. (b) Architectural design of the building as compared to those in the neighborhood and its effect upon same, (c) The size of said structure in comparison to those in the neighborhood. S. 8131.3.2 After hearing said matter the Board of Zoning Adjustments may approve., condition- ally approve or disapprove the application for a permit to relocate. Section 3. The City Clerk shall certify to the passage 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 same shall take effect and be in force. Ord. No. 1244 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 15th day of August 1966. Mayor ATTEST: City C APPROVED AS TO FORM: K. Dale Bus City Attorney Ord. No . 1244 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C . JONES , the duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the lst day of August , 1966 , and was again read to said City Council at a regular meeting thereof held on the 15thday of August , 19 66 , and was passed and adopted by the affirmative vote of .more than a majority of all the members of said City Council , AYES : Councilmen : Coen, Bartlett , Kaufman, Green, Stewant NOES : Councilmen : None ABSENT : Councilmen : Gisler, Shipley I, PAUL C. JONES, CITY CLERK of the City of Huntington Beach and ex-of-ficio Clerk of the City Council, do: hereby certify that .eG this ordinance, has been -published City Clerk a ex-officio Clerk in the Huntington Beach News on of the City Council of the City of Huntington Beach , California In acc ance with the City Charter of said City. -------- -- -=------------- City Clerk Deputy City Clerk