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HomeMy WebLinkAbout23 - Regulating Moving of Buildings (Amended by Ord. 163)ORUI ANCE NO. 23 AN ORDINANCE PERTAINING TO THE MOVING OF BUILDINGS, RMUIRING A PERMIT THEREFOR, PRESCRIEING THE PROCEDURE 17OR THE ISSUANCE OF SAID PFRMITs MAKING THE VIOLATION THEREOF A 14ISD MFAWOR. The City Council of the City of Costa Mesa does ordain as follows: Section 1. (a) It shall he unlawful for any person, firm or corporation to move wr7 building or structure over the public streets or allays of the City without first obtaining a permit from, the City Engineer so to do. (b) Any person, firm or corporation (hereinafter called the appli- cant) sppVing :or snch a naniit shall f i lei :•rith the City Engineer an application fort" the fol.' c-uin information: 1. Present location of building proposed to be mored; 2. Location to 4b1ch it is proposed to move the building; 3. Route proposed to b-3 follo%ed in Moving the building; 4. Alterations) if arry, 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 ($25.00) Dollars shall be paid on filing the application for a permit to pEy the cost of inspection and passing on the application. This 925.00 fee is %,Rile in addition to other fees required for moving, constructing or reconstructing a building as provided in various ordinances of this City. (d) The City Engineer shall, upon the filing of such application, notify the Building Inspector. (a) The Building Inspector shall inspect the premises and submit a written report covering the folloming: 1. Type of constniction, age and present condition of building proposed to be moved; 2. Kind, size and number of trees along proposed route of mowing Which might be damaged and extent thereof; 3. Number of poorer lines and house services which would have to be disconnected to permit the moving; 4. Estimate of tix^ regnirecl reasonably to complete moving and reconstruction operations. (f) The City Ehginecr shall .-iail notices, stating that application for removal of building has beer filed and showing the date of the meeting of the City P1arning Com i.ssio:n at :riiich the application will be acted upon, to all owners of property located in the zone of interest. (g) The zone of interost small include all property on both sides of the same street or streets 7- the prnperty to which it is proposed to -1- va u. P1--# move the building, any part of which is 275 feet, or less, from the nearest corner of the property to which it is proposed to move the building as measured on the center line of the street, and arty property immediately opposite shall be included, and widths of intersecting streets shall be included in the measurements. Tri case the proposed location is a corner lot, the zone of interest shall include the property on all streets on which said lot fronts, as measured above. (h) The Planning Comrissi.on shell receive the application at its next regular meetin,- occu-,- -1n not less th, zn ten (10) calendar days after the date of filing +l,e :itA V"c- Cit,- :r igineer. The Planning Commissionsha.17, ht,,-zr at thzt ti R^ a7A -:persons K}n may appear to support or protest the granting of the xpl,lica:tion. The Commission shall recommend that the Council either grant or de?rf the. application, provided, however, that if twenty-five (25) percent or mora, by number, of property owners within the zone of interest protest the granting of the�application, the Commission may recommend the granting of a permit only by unanimous vote. Said roe on shall be presented to the City Council for its approval, rejection or modification. (1) The Planning Commission, before recommending the permit, may require the owner to make such changes or repairs to the building proposed to be moved, as may, in the judgment of the Commission, 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 use,3 in mo -ring 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 reconstruction operations shall be completed. (j) The Superintendent of Straets shall have the right to inspect all rollers, trucks, wheels, dollies, tractors, or other apparatus proposed to be used in the moving operations; x-nd ho shall be the sole judge as to the adequacy of such sgatp:,-.Ont, zmd :la r• rsruir+e the use of such apparatus as in his judgment will not cfiuse injury to streets or pavements. (k) The ap)licant she1?. rhtain and rile Ath the City Engineer a am -sty bond mac{e payable to the City of Costa Mesa in an amount equal to the -2- estimated cost of the repairs or additions to tae building to be moved, but in no ease shall the penal sum of the bond be less than $1,000.00. The bond shall be conditi.oryid to co'v'er faithful performance of the work in accordance with the drawing and specifications, within the time limit fined, to comply with all and every ordinance pertaining to the worn, and is further given to pay arV and all damages of azW kind or nature which may result by reason of the moving of said building, .including &,,;Wes to public utilities, structures, and/or private propertY . (1) The Building Inspecto. shall not issue the permit until the bond as required above shall have been Aled in the proper and satisfactory, form. (m) Any perso 1, firm, or corperatinn engaged in moving amt► building or house on, or over, or across arty of the public streets of the City of Costa Mesa shall report to th© Chief of the Fire Department the location of such building or house at the hour of six o1clock p.m. on each day. Section 2. A W person, firm, or corporation who shall violate any of the provisions of this Ordinance or fail to comply with the conditions thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by fine not exceeding a fire of $300.00, or by imprisonment for a period rsot exceeding three months, or by both said fine and imprisonment. Section 3. Until such time as the City of Costa Mesa has a City Tngineer, City Building Inspector, and City Superintendent of Streets, the City Manager of the City of Costa Mesa shall for the purposes of this ordinance perfoam'the duties and faietions of such persons. Until ouch time as the City of Costa Mesa creates* and appoints a City Planning Commission, the City Council shall perform all the duties and fimetions prescribed herein for the Planning Commission. Section h. If wW paragraph, senter_ce, c? awe or pLra.se of this Ordinance for sny reason is held to be unconstitutional or inralid, such shall not affect the remaining portions of this ordinance, a_zd the nity Council of the City, of Costa Mesa hereby declares it iAould have r.zssed each paragraph, sentence, clause and phrase thereoxC, irrespecti" of the fact that any one or more than one sentence, clause or phrase be declared unconstitutional or invalid. _3_ Ord. #23 (continued) section 5. The City Council of the City of Costa Mesa does hereby find and declare that an emergency exists and that this ordinance shall be in full force and effect immediately, That the facts constituting such emergency are as follows: That a number of persons are making application to the City for a permit to mote old, unsightly and dilapidated and unsafe buildings and structwes into the City of Costa Mesa and at the present time and under the present ordinances of the City of Costa Mesa there is no sufficient control in this matter, and this ordinance must became effective immediately in order to preserve the public health and safety of the residents of the City of Costa Mesa. Section 6. This Ordinance shall take effect immediately and be in force immediately after its passage. The City Clerk of the City of Costa Mesa shall attest to the passage of this Ordinance and, pursuant to Section 36933 of the Government Code, shall cause it to be posted in at leastethree public places in the City within 15 daprs after its passage. Passed and adopted this 14th dV of September, 1953. e e, Woro y o Costa Mesa, California ATT$5Ts Smarts, City Clerk the City of Costa Mesa STATE OF CALIF MA ) SS C OUNTY OF ORANG7 } I, A. C. 51-rART7,, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at an adjourned regular meet- ing of the City -Council of the City of Costa Mesa, held on the 14th day of September, 1913, the foregoing Ordinance was considered section by section and that said Ordinance was then passed and adopted as a whole by the following vote: AYFSt Councilmen Martin, Miller, Nelson, Smith and Tewinkle NOTNI Councilmen - None ATISF,Wt Councilmen - None IN 1^r1nTESS '4TPR7nF I have hereunto set n7 hand and affixed the official seal of the City of Costa Mesa this lot day of March, 1956. A. C. Swartz, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANCV } SS CITY OF COSTA MSA ) I, A. C. ,S14FART7., City Clerk of the City of Costa Mesa, do hereby certify that on the 29th day of September, 1953, I posted the foregoing true and correct copy of the foregoing Ordinance in the following public places in the Cityt Justice Court 567 West 18th Street Costa Mesa, California Costa Mesa Branch Library 526 Center Street Costa Mesa, California Costa Mesa Fire Hall 111 Rochester Street Costa Mesa, California WITNESS my hand and seal this 29th day of September, 1953. 4 A. C. 9utartz, City Clerk ant ex -officio Clerk of the City of Costa Mesa, California