HomeMy WebLinkAboutCC ORD 1987-1910 AMENDING CHAPTER 15.12 AMENDING ORDINANCE NO.1837ORDINANCE NO. j CI LC)
AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING CHAPTER
15.12 OF THE NATIONAL CITY MUNICIPAL CODE AND AMENDING
ORDINANCE NO. 1837
BE IT ORDAINED by the City Council of the City of National City that
Ordinance No. 1837 and Chapter 15.12 of the National City Municipal Code are
amended to read as follows:
Chapter 15.12
BUILDING MOVING
Sections:
15.12.002 Findings and declaration
15.12.010 Code adopted
15.12.015 Definition Structure
15.12.020 Building Moving..Permit required
15.12.025 Building Moving..Application
15.12.030 Fees
15.12.035 Inspection..required
15.12.040 Building Moving..Compliance required
15.12.045 Building Moving..through city..Permit required
15.12.050 Violations
15.12.002 Findings and declaration. The city council specifically
and expressly finds and declares that the nature and uniqueness of the city,
if housing stock, environment, and rate of population growth, necessitates
and demands the moving of existing structures within the city be permitted
and controlled. However, moving of structures into the city from outside
of the city limits is absolutely prohibited.
15.12.010 Code adopted. There is adopted by the city council,
for the purpose of prescribing regulations governing the moving of
structures within the city, prohibiting moving of structures into the
city and regulating of the moving of structures through the city.
15.12.015 Definition Structure. Structure is which is built
or constructed, an edifice or a building of any kind, or any piece of
work artificially built up or composed of parts joined together in some
definite manner.
15.12.020 Building Moving..Permit required. Prior to moving any
structure from one location within the city limits to another location
within the city limits, a permit for such moving shall be obtained from
the Building/Safety Department.
15.12.025 Building Moving..Application. Prior to moving any
structure, as defined herein, from one location within the city to a
new location and/or from one location on a lot to a new location on the
same lot, an application shall be completed on a form provided by the
Building/Safety Department.
15.12.030 Fees.
(a) A fee of Seventy-five dollars ($75.00) shall accomplish each
application to move a structure from one location on a lot to a new
location on the same lot.
(b) A fee of One hundred fifty dollars ($150.00) shall accomplish
each application to move a structure from one location within the city
to a new location within the city.
15.12.035 Inspection..Required. Upon receipt of an application
under this chapter the Department of Building and Safety shall inspect
the structure to be moved and make a report of the results of the
inspection to the city council. The Department of Building and Safety
may require an applicant to provide a written certification by a
qualified contractor that the structure to be moved is free from fungus,
termites, or similar infestations. The Director of Building and Safety
will forward the application for a permit under this section together
with his written report to the city council. A permit allowing the
moving of a building, house or structure from one place within the
limitsof the city toanother place therein will be issued only on
order of the city council. The city council can order the issuance
of a permit under this chapter as hereinafter provided.
15.12.040 Building Moving..Compliance required.
(a) A permit to move a structure within the city limits shall be
granted only if the city council finds that the relocating of the
structure will not have an adverse effect upon property values in the
district to which the structure will be relocated. The council shall
further find the relocation of the structure in question will not have
an adverse effect on the health, safety, welfare or morals of the
community and neighborhood in which the structure will be relocated.
The council shall find that the relocation of the structure in question
will not have an adverse effect on the zoning regulations and plans of
the city.
(b) Prior to granting a permit to relocate a structure under
this chapter, the city council shall determine that the proposed move
will comply with applicable zoning laws; and that the structure to be
relocated will comply with all the building codes, laws, and regulations
in force. The council shall further find that the proposed relocation
of the structure will not contribute to blight or deterioration in the
neighborhood to which the structure will be relocated.
(c) The city council, in granting a permit under this chapter,
may impose such additional conditions, rules, and regulations as are
reasonably necessary to protect the health, safety, welfare, and
morals of the city and in particular the neighborhood to which a
structure will be relocated.
(d) To insure compliance with conditions, rules, regulations,
and laws relating to the relocation of a structure under this chapter,
the city council may require the applicant to post a performance bond,
adequate in amount, to guarantee his faithful performance of all laws,
rules, regulations, and conditions.
(e) As a condition to the granting of a permit under this
chapter, the city council may require the applicant to execute a
covenant running with the land which will bind the land and its
successive owners to the performance of conditions imposed by the
city council in granting a permit under this chapter.
(f) As a condition to granting a permit under this chapter, the
city council may require the applicant to install private improvements
on the building site to be occupied by the relocated structure which in
the judgment of the council are reasonably required to preserve the
health, safety, and welfare of the community and the neighborhood to
which the structure will be relocated.
For the purpose of determining required public improvements
pursuant to Section 13.22.060, the Director of Building and Safety
shall determine the improvement valuation of each building to be
relocated. Such improvement valuation shall be based upon the current
adopted policy of the city council for new buildings.
(g) As a further condition to the granting of a permit under this
chapter the city council may require the applicant to make such aesthetic
improvements and rehabilitations on the relocated structure as are neces-
sary to preserve land values and property values in the neighborhood to
which the structure is relocated.
15.12.045 Building Moving through city..Permit required.
(a) It shall be unlawful for any person, firm or corporation to
move a building through, across or on public streets of the city without
first obtaining a moving permit from the City Engineer.
(b) The fee for permit to move the house through the city is
twenty-five dollars.
(c) An applicant for a moving permit must be a person licensed
as a specialty contractor to engage in the business of house moving
in the state.
(d) Applications for house moving permits must be made to the
City Engineer at least twenty-four hours prior to the proposed time
for the movement.
(e) The permit allowing the moving of a house across city
streets within the city shall have endorsed thereon an approved route
for the particular structure in question being moved. No other route
shall be used.
(f) At the time of making an application for a permit pursuant
to this chapter the applicant shall deposit with the city clerk a
performance bond in the amount of fifty dollars to insure faithful
performance of all provisions of this and every other city law.
(g) At the time of making application for a permit pursuant
to this chapter the applicant shall attach to his application a
certificate of insurance showing liability insurance in the amount
of one hundred thousand dollars for a single accident and three hundred
thousand dollars for two or more accidents together with liability
insurance in the amount of fifty thousand dollars for property damage
which insurance will be in force during the period of time during which
the building in question will be moved through the city. The certificate
of insurance must show that the city is an additional insured under the
policy of insurance in question. The certificate of insurance must
further show that the city will be entitled to at least ten days written
notice prior to cancellation of the policy of insurance represented by
the certificate of insurance.
15.12.050 Violations. Violations of any provisions of this
code shall be punishable as a misdemeanor and shall carry the penalties
as prescribed in Chapter 1.20 of the National City Municipal Code.
PASSED and ADOPTED this 7th day of APRIL , 1987.
T(44/21C2t1::75
George . Waters, Mayor
ATTEST:
IONE ,- AMPBELL
Ione
BY:
APPR
bell City Clerk
M!C e( ems,
George H. Eiser, III -City Attorney
Passed and adopted by the Council of the City of National City, California,
on 4-7-87 by the following vote, to -wit:
Ayes: Councilmen Cooper, Dalla, Pruitt VanDeventer Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
GEORGE H. WATERS
By:
Mayor of the City of National City, California
City Clerk of the City of National1City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on 3-3-87
and on 4-7-87
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 1910 of the City of National City, passed
and adopted by the Council of said City on 4-7-87
(Seal)
By:
City Clerk of the City of National City, California
Deputy