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HomeMy WebLinkAbout163 - Building Moving (Amends Ord. 23)ORDINANCE NO.�3 AN ORDINANCE AMENDING FINANCE NO. 23, BEING ENTITLED: "All CI DQE PMTA 14ING TO THE MOVING OF BUILDINGS, REQUIRING A PL :DDT THEREFOR, PRES- CRIBING THE PROCEDURE FOR THE ISSUANCE OF SAID PERcIIT: MAKING THE VIOLATION TH]MOF A PiTSMIEANCR." The City Council of the City of Costa Mesa does ordain as follows: - SECTION 1. Section 1 of Ordinance No. 23 of the City of Costa Mesa is hereby amended to read as follows: - "Section 1. (a) It shall be unlawful for any person, firm or corporation to move any building or structure over the public streets or alleys of the City without first obtaining a permit from the Building Department of the City of Costa Mesa so to do. (b) Any person, firm or corporation (hereinafter called the, applicant) applying for such a permit shall file with the Building Department of the City of Costa Mesa an application setting forth the following information: 1. Presdnt location of building proposed to be moved; 2. Location to which it is proposed to move the building; 3. Route proposed to be followed in moving the building; 4. Alterations, if any, proposed to be made in the building; 5. A list of owners o" property within the sone of interest and their: addresses . (c) A fee of Twenty-five Dollars ($25.00) shall be paid on filing the application for a permit to pay the cost of inspection and passing on the appli- cation. This $25.00 fee is made in addition to other fees required for moving, constructing or reconstructing a building as provided in various ordinances of this city. (d) The Building Inspector shall inspect the premises and submit a written report covering the .following: 1. Type of construction, age and present condition of building proposed to be moved; -1- 2. mind, size and number of trees along proposed route of moving which might be damaged and extend thereof; 3. Number of power lines and 'house services which would have to be disconnected to permit the moving; 4. Estimate of time required reasonably to complete moving and reconstruction operations. (e) The City Planning Commissioner shall mail notices, stating that application for removal of building has been file:: and showing the date of the meeting of the City Planning Commission at which the application will be acted upon, to all owners of property located in the zone of interest. (f) The zone of interest shall include all property on both sides of the same street or streets as the property to which it is proposed to ruove the building, any part S which is 275 feet, or less, from the nearest corner of the property to which it is proposed to move the buildikg" as measured on the center sine of the street, and any property irrnaediately opposite shall be included, and widths of intersecting streets shall be included in the measurements. In case the proposed locaticn is a corner lot, the zone of interest shall include the property on all streets on which said lot fronts, as measured above. (g) The Planning Coriurdssion shall receive the application at its next regular meeting occurring not less than 10 calendar days alter the date of filin the application with the Building Department of the City of Costa Mesa. the Platuting Comdss-ion shall hear at that time all persons who may appear to support or protest the granting of the application. The Commission shall recommend that the Council either grant or deny the application, provided, however, that if 25 percent or more, by' number, of property owners within the zone of interest protest the granting of the application, the Commission may recom}iend the granting of a perirCLt only by unanimous vo L -e. Said recommendation shall be presented to the City Council for its approves;., rejection or modification. (h) The Planning Commission, before recoiumending the permit, may require -2- the owner to make such changes or repairs to the building proposed to be moved as may, in the judgment of the CozwLission, be necessary to comply with the pro- visions of this Code. The Commission may also, in its judgment, require changes in the route proposed, even though the route required may be longer than the route proposed. The permit issued shall stipulate that all equipment used in mov- ing operations be subject to the approval of the Superintendent of Streets. In granting the permit, a time limit shall be fixed within which the moving and re- construction operations shall be completed. (i) The Superintendent of Streets shall have the right to inspect all rollers, trucks, wheels, dollies, tractors, or other apparatus proposed to be used in the moving operations; and he shall be the sole judge as to the adequacy of such equipment, and may require the use of such apparatus as in his judgment will not cause injury to streets or pavements. (j) The applicant shall obtain and file with the Building Department of than City of Costa Mesa a surety bond made payable to the City of Costa Mesa in an amoilnt equal to the estimated cost of the repairs or additions to the building to be moved, but in no case shall the penal sum of the bond be less than $1,000.00. The bond shall Sae conditioned to cover Aithful performance of the work in accord- ance with the drawing and specifications, within the time limit fined, to comply with all and every ordinance pertaining to the work, and is :further given to pay any and all damages of any kind or nature which may result by reason of the moving of said building, including damages to public utilities, structures, and/or pri- vate property. (k) The Building Inspector shall not issue the permit until the bond as required above shall have been filed in the proper and satisfactory form. (1) Any person, firm, or corporation engaged in moving any building or house on, or over, or across any of the public streets in the City of Costa Mesa shall report to the Chief of the Fixe Department the 'Location of such building or house at the hour of six orclock p.m. on each day. " -3- SEO^1ION 2. Section 3 of Ordinance No. 23 is hereby deleted. SEOTION 3. ENACTMENT.- This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage, and prior to the expira- tion of fifteen (17) days from its passage shall be published once in the Costa Mesa Globe Herald, a newspaper of general circulation, printed and published in the City of Costa mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED: This �*` day of �d , 1957. ATTEST: s' Mayor o f' ty o Costa Mesa, City Clerk of the City oT Costa Mesa. STATE (`F CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, A C. SWART7, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing Ordinance No. 163 was duly and regularly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting thereof held on the 6th day of May, 1957, by the follow.r.g roll call vote, to -wit: AYES: COUNCILMEN Martin, Pinkley, Smith, Meyers, Nelson NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Costa Mesa this 7th day of May, 1957. City Clerk and ex -officio Clerk of the - Cit = Council of the City of Costa Mesa LEGAL NOTICE ORDINANCE NO. 163 AN ORDINANCE AMENDING ORDIN- ANCE NO. 23, BEING ENTITLED: AN ORDINANCE PERTAINING TO THE MOVING OF BUILDINGS, REQUIRING A PERMIT THEREFOR, PRESCRIB- ING THE PROCEDURE FOR THE IS- SUANCE OF SAID PERMIT: MAKING: THE VIOLATION THEREOF A MIS- DEMEANOR." The City Council of the City of Costa Mesa does ordain as follows: - SECTION 1. Section 1 of Ordinance No. 23 of the City of Costa Mesa is hereby amended to read as follows: - "Section 1. (a) It shall be unlawful for any person, firm or corporation to move any building or structure over the public streets or alleys of the City without first obtaining a permit from the Building Department of the City of Costa Mesa so to do. (b) Any person, firm or corporation (hereinafter called the applicant) applying for such a permit shall file with the Building Department of the City of Costa Mesa an application setting forth the follow- ing information: 1. Present location of building proposed to be moved; 2. Location to which it is proposed to move the building; 3. Route proposed to be followed in moving the building; 4. Alterations, if any, proposed to be made in the building; 5. A list of owners of property within the zone of interest and their addresses. (c) A fee of Twenty-five Dollars ($25.00) shall be paid on filing the application for a permit to pay the cost of inspection and passing on the application. This $25.00 fee is made in addition to other fees re- quired for moving, constructing or recon- structing a building as provided in vari- ous ordinances of this city. (d) The Building Inspector shall inspect the premises and submit a written report covering the following: 1. Type of construction, age and present condition of building proposed to be moved; 2. Kind, size and number of trees along proposed route of moving which might be damaged and extent thereof; 3. Number of power lines and house services which would have to be discon- nected to permit the moving; 4. Estimate of time required reasonably to complete moving and reconstruction op- erations. (e) The City Planning Commissioner shall mail notices, stating that applica- tion for removal of building has been filed and showing the date of the meeting f the City Plannin; Commission at which he application will be acted upon, to all owners of property located in the zone of nterest. (f) The zone of interest shall include all property on both sides of the same street or streets as the property to which it is proposed to move the building, any part of which is 275 feet, or less, from the nearest corner of the property to which it is proposei to move the building, as measured on the center line of the street, and any property immediately oppo- site shall be included, and widths of in- tersectnq streets shall be included in the measurements. In case the proposed loca- tion is a corner lot, the zone of interest shall include the property on all streets on which said lot fronts, as measured above. (g) The Planning Commission shall re- ceive the application at its next regular meeting occurring not less than 10 calen- dar days after the date of filing the appli- cation with the Building Department of the City of Costa Mesa. The Planning Comis- sion shall hear at that time all persons who may appear to support or protest the granting of the application. The Com- mission shall recommend that the Council either grant or deny the application, pro- vided, however, that if 25 percent or more, by number, of property owners within the (zone of interest protest the granting of the application, the Commission may recom- mend the granting of a permit only by unanimous vote. Said recommendation shall be presented to the City Council for its approval, rejection or modification. (h) The Planning Commission, before recommending the permit, may require the owner to make such changes or re- pairs to the building proposed to be moved as may, in the judgment of the Commis- sion, be necessary to comply with the provisions of this Code. The Commission may also, in its judgment, require changes in the route proposed, even though the route required may be longer than the route proposed. The permit issued shall stipulate that all equipment used in mov- ing operations be subject to the approval of the Superintendent of Streets. In grant- ing the permit, a time limit shall be fixed within which the moving and reconstruc- tion operations shall be completed. (i) The Superintendent of Streets shall have the right to inspect all rollers, trucks, wheels, dollies, tractors, or other apparat- us proposed to be used in the moving operations; and he shall be the sole judge as to the adequacy of such equipment, and may require the use of such apparatus as in his judgment will not cause injury to streets or pavements. (j) The applicant shall obtain and file with the Building Department of the City of Costa Mesa a surety bond made pay- able to the City of Costa Mesa in an amount equal to the estimated cost of the repairs or additions to the building to be moved, but in no case shall the penal sum of the bond be less than $1,000,00. The bond shall be conditioned to cover faithful performance of the work in accordance with the drawing and specifications, with- in the time limit fixed, to comply with all and every ordinance pertaining to the work, and is further given to pay any and all damages of any kind or nature which may result by reason of the moving of said building, including damages to public utilities, structures, and -or private prop- erty. (k) The Building Inspector shall not is- sue the permit until the bond as required above shall have been filed in the proper and satisfactory form. (1) Any person, firm, or corporation en- gaged in moving any building or house on, or over, or across any of the public streets in the City of Costa Mesa shall re- port to the Chief of the Fire Department the location of such building or house at the hour of six o'clock p.m. on each day." SECTION 2. Section 3 of Ordinance No. 23 is hereby deleted. SECTION 3. ENACTMENT: This Ordin- ance shall take effect and be in full force and effect thirty (30) days after its pass- age, and prior to the expiration of fifteen (15) days from its passage shall be pub- lished once in the Costa Mesa Globe Her- ald, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED: This 6th day of May, 1957. C. M. NELSON Mayor of the City of Costa Mesa ATTEST: A. C. Swartz City Clerk of the City of Costa Mesa. STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE) I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that the above and foregoing Ordinance No. 163 was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Costa Mesa, held on the 6th day of May, 1957, by the following roll call vote, to -wit: AYES: COUNCILMEN — Martin, Pink - ley, Smith, Meyers, Nelson NOES: COUNCILMEN — None ABSENT: COUNCILMEN — None A. C. SWARTZ City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa Dated: May 7, 1957 Published Costa Mesa Globe Herald, May 10, 1957, Costa Mesa, Calif. B-78