For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:

"Accessory unit" has the same meaning ascribed to the term "accessory building" in Title 30 of this code.

"Main unit" has the same meaning ascribed to the term "main building" in Title 30 of this code.

"Public utility" means and includes, for the purposes of this chapter, the public service department of the city, fire and police divisions of the city as to fire and police signal systems, and any person owning, operating or maintaining overhead light, power, trolley, telephone, telegraph signal or other wires, street railway tracks or underground pipes, conduits or structures necessary for public service.

"Unit" means each separate building, structure, section or portion thereof, to be moved, regardless of its original physical status or association, and each such "unit" shall be counted individually and classified in accordance with the provisions of this chapter. (Prior code §§ 21-50-21-53)

For the purposes of this chapter, units to be moved will be classified as follows:

A. Class "A." Any unit moved on a motor truck;

B. Class "B." Any unit which, when loaded on house-moving dollies or rollers, does not exceed twenty-two feet in height or thirty feet in width;

C. Class "C." Any unit which, when loaded on house-moving dollies or rollers, is more than twenty-two feet in height, but does not exceed twenty-eight feet in height, or is more than thirty feet in width, but does not exceed forty feet in width;

D. Class "D." Any unit which, when loaded on house moving dollies or rollers, exceeds twenty-eight feet in height or exceeds forty feet in width;

E. Class "E." Any unit, the walls of which are constructed of brick or concrete which, when loaded on house-moving dollies or rollers, exceeds twenty-two feet in height or exceeds thirty feet in width. (Prior code § 21-54)

A. Upon the issuance of any permit authorized by Article II or III of this chapter, the director of public works shall notify all public utilities affected thereby and instruct such public utilities to temporarily rearrange any of their property in order to permit the passage of any unit covered by the permit upon, over, along or across any street. Such notification shall state the time when, and the route over which, such temporary rearrangement of any public utility property shall occur.

B. No public utility shall fail, neglect or refuse to comply with the notice by the director of public works ordering such temporary rearrangement.

C. Such public utility shall charge each house mover in accordance with the provisions of Article IV of this chapter.

D. No person shall move any unit upon, over, along or across any street unless all provisions in this chapter dealing with public utilities and deposits thereto, have been complied with. (Prior code § 21-55)

Every unit moved over, upon, along or across any street shall be moved under the supervision and inspection of the street and field services administrator. The street and field services administrator shall appoint as many inspectors as, in his or her opinion, are necessary to safely move any unit. Such inspection and supervision shall be for such time as the street and field services administrator shall deem necessary for the performance of such service, and the house mover shall be required to make payment in accordance with the provisions in Article IV of this chapter. (Prior code § 21-56)

A. It shall be the duty of any house mover, when required by the director of public works, to cause boards of sufficient strength to carry the load without breaking to be placed under all house-moving dollies or rollers used during any moving of any unit along any street, alley or walkway.

1. Any Class A unit may be moved on truck or trailer with rubber-tired wheels.

2. All Class B, C, D and E units shall be moved on rubber-tired dollies.

B. The street and field services administrator may direct that rubber-tired dollies may be used where any unit is moved on any unimproved or oil gravel street. (Prior code § 21-57)

In the event that the equipment of the house mover does not meet the requirements set out in this chapter, or if the street or the use thereof or the property of any public utility will be at any time endangered or damaged by such moving, or if such mover, or anyone acting under such mover's authority, at any time fails to comply with any of the terms, conditions or restrictions of the permit referred to under Article III of this chapter, either as to the size or dimensions of a unit being moved, or the route of such moving or otherwise, the inspector shall report such fact to the street and field services administrator, or, when authorized by the street and field services administrator, the inspector shall be empowered to stop the progress of such moving. (Prior code § 21-58)

The director of public works shall notify the chief of police of the time of moving of any unit through the public streets. If the chief of police determines that the protection of the public requires that any unit have a police escort, the chief of police shall provide same and charge the house mover in accordance with the provisions of Article IV of this chapter. (Prior code § 21-59)

A. The street and field services administrator shall investigate the route designated in the application for a permit to be issued under Article II or III of this chapter and determine whether the moving of any proposed unit can be accomplished without damage to city trees adjacent thereto. If the moving would damage such trees, the street and field services administrator shall prescribe, if possible, another route which will not cause such damage. The house mover shall be liable for all damage caused to city trees and shall compensate the city for such damage as provided in Article IV of this chapter.

B. If the moving of any unit requires any tree trimming, such tree trimming shall be performed by a tree trimmer assigned to the job by the street and field services administrator and the house mover shall be charged for such services in accordance with the provisions of Article IV of this chapter. (Prior code § 21-60)

In case of any damage to city streets or any other city property adjacent thereto by reason of the moving of any unit, the street and field services administrator shall charge the cost thereof to the house mover in accordance with Article IV of this chapter. (Prior code § 21-61)

Every person moving any unit, over, upon, along or across any street, alley or sidewalk shall keep a red light burning at all times between sunset and sunrise at each corner of such unit, and at the end of any projection thereon while the same or any part thereof is located in or upon any street, alley or sidewalk. (Prior code § 21-62)

A. Any person aggrieved by any decision of the zoning administrator in carrying out the provisions of this chapter may, within fifteen (15) days after such decision, appeal to the board of zoning appeals in the same manner and under the same terms and conditions as zoning appeals under Chapter 30.62 of this code.

B. Any person aggrieved by the decision of the permit services administrator or director of public works in carrying out the provisions of this chapter may appeal to the council within the time and in the manner provided in Chapter 2.88. (Ord. 5437 § 6, 2005: Ord. 5425 § 14, 2004: prior code § 21-63)

Article II. Relocation Permit

A. No person shall relocate any unit upon any premises in the city without a permit therefor from the zoning administrator. Such permit may be referred to as a "relocation permit."

B. Exceptions.

1. No relocation permit shall be required for any unit moved from a site outside the city, through the city to a site outside the city; or moved from a site inside the city to a site outside the city, or for a unit to be used by a governmental agency for a governmental purpose.

2. No relocation permit shall be required for any unit to be moved to a location in the city for use as a temporary structure required during the course of construction work in accordance with the Uniform Building Code.

3. No relocation permit shall be required in order to relocate on the same lot in the city an accessory unit not exceeding six hundred square feet in area provided the zoning administrator after investigation first finds, in writing, that such relocation will not be likely to cause detrimental effects upon adjacent property. Every right or privilege authorized by the granting of such exception to the relocation permit requirement shall terminate two years after the granting of such approval unless the exercise of such right or privilege has commenced in good faith prior to such time except as otherwise provided in this section. Such rights and privileges shall also be terminated at such time as the zoning administrator may designate in such approval or upon any interruption or cessation in work leading to completion of such building relocation for one year or more. A copy of such written findings shall be filed with the permit services administrator. (Ord. 4961 § 1, 1991; prior code § 21-64)

A. Every application to the zoning administrator for a relocation permit required by Section 15.04.120 shall be in writing upon a form furnished by the city clerk.

B. The application shall have attached thereto:

1. A statement of a licensed structural pest control contractor stating the condition of the property as to decay and pest infestation;

2. Photographs of each structure to be relocated showing front, rear and all sides;

3. Accurate plot plan depicting property boundaries, exact proposed location of relocated structures, all other structures to remain on the new site, and all other site improvements required to bring the receiving property into conformity with all city ordinances;

4. Plan of reconstruction for each unit;

5. Proof of date of original construction of subject structures. (Prior code § 21-65)

The city clerk shall set the application for public hearing before the zoning administrator and give notice of the hearing as follows:

A. The notice of hearing shall set forth the nature of the proceedings, the time and place of the hearing, the present location of the building or structure, and the location of the property on which the building or structure is to be located.

B. A copy of the notice of hearing shall be posted on the property where the building or structure is to be located at least ten days before the date of the hearing.

C. A copy of the notice of hearing shall also be mailed, postage prepaid, at least ten days before the date of hearing, to the applicant and to the owners of property within a radius of three hundred feet of the exterior boundaries of the property where the building or structure is to be relocated, as such ownership appears on the latest assessment rolls of the county. (Prior code § 21-66)

The director of public works shall cause an inspection to be made of the building or structure to be moved, shall prescribe the required changes, alterations, additions or repairs to be made to or upon such building or structure to make such building or structure in its proposed location within the city to comply with the requirements of this code and other applicable laws and regulations pertaining thereto, and shall estimate the cost thereof; and the permit services administrator may propose such terms and conditions as the permit services administrator may deem reasonable and proper, which shall be in writing and filed with the zoning administrator prior to the hearing on such application. (Prior code § 21-67)

A. The zoning administrator shall review the application and all evidence submitted and shall disapprove such application if the building or structure:

1. Because of age, size, design or architectural treatment, does not substantially conform to the general design, plan and construction of the buildings in the neighborhood where the building or structure is to be relocated, and would cause appreciable harm, or be materially detrimental, to the property or improvements in such neighborhood within a radius of three hundred (300) feet from the proposed site;

2. Is prohibited by zoning provisions of this code;

3. Is so constructed or in such condition as to be dangerous;

4. Is infested with pests or is unsanitary;

5. If it be a dwelling or other building for human habitation, it is unfit for such use;

6. Is in a dangerous or defective condition or in such condition that remedy or correction of such condition cannot practicably and effectively be made;

7. Is of a type prohibited at the proposed location by this code, or by any other law; or

8. Is proposed to be located in a manner which would be inconsistent with the adopted general plan of the city.

B. If the zoning administrator finds that the building or structure can be practicably and effectively repaired so that it will substantially conform to the general design, plan and construction of the buildings in the neighborhood of the relocation site, the zoning administrator may approve the application subject to such conditions as may be deemed necessary to ensure such conformance. Any conditions imposed by the zoning administrator shall be in writing. Every right or privilege authorized by a relocation permit shall terminate two (2) years after the approval of such permit unless the exercise of such right or privilege has commenced in good faith prior to such time except as otherwise provided in this section. Such rights and privileges shall also be terminated at such time as the zoning administrator may designate in the approval of the relocation permit or upon any interruption or cessation in work leading to completion of such building relocation for one (1) year or more. (Ord. 5356 § 1, 2003: Ord. 4961 § 2, 1991: prior code § 21-68)

The city clerk shall not issue a relocation permit until the permittee, or the permittee's authorized agent, shall have first deposited with the city clerk a cash bond in an amount equal to the estimated cost plus ten percent of the work required to be done in order to comply with all of the conditions under which the relocation permit is issued. Every such deposit made pursuant to this section shall be conditioned as follows:

A. That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the permit services administrator; and

B. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit; if no time limit is specified, the work shall be completed within ninety days after the date of the issuance of the relocation permit. The time limit specified in this section in any permit issued under this chapter may be extended for good and sufficient cause, either before or after such time period has expired, by written order of the permit services administrator.

C. In the event that permittee fails to fully perform and complete the work required to be done in order to comply with all of the conditions under which the relocation permit is issued, or if an extension of time or extensions have been granted by the permit services administrator, within the time specified in such extension or extensions, the permit services administrator shall give written notice to the permittee of such default. In such notice of default the permit services administrator shall state the work to be done, the estimated cost thereof, and the period of time deemed by the permit services administrator to be reasonably necessary for the completion of such work. If compliance is not had within the time specified, the permit services administrator shall proceed without delay and without further notice or proceedings whatever to cause the required work to be done by contract or otherwise in the permit services administrator's discretion and deduct from the cash bond deposited the cost of the work plus ten percent thereof, which ten percent shall be retained by the city to cover administrative costs of the building section.

D. In lieu of completing the work required, the director of public works may demolish the building or structure and clear, clean and restore the site, and deduct from the cash bond deposited the cost of the work plus ten percent thereof, which ten percent shall be retained by the city to cover administrative costs of the building section. (Prior code § 21-69)

The terms of each cash bond deposited pursuant to this chapter shall begin upon the date of deposit and shall end upon completion to the satisfaction of the director of public works of the performance of all the terms and conditions specified in the relocation permit. At that time the permit services administrator shall return the cash deposit to the depositor, to his or her successors or assigns, except any portion thereof which may have been used or deducted as provided in this chapter. (Prior code § 21-70)

All officers and employees of the city involved in processing an application for a relocation permit or enforcing compliance with its conditions shall have access to the premises described in the permit for the purpose of inspecting the site, the work and its progress. (Prior code § 21-71)

In the event of any default in the performance of any terms or conditions of the relocation permit, any person employed or engaged on behalf of the permittee or the permit services administrator or any person employed or engaged on his or her behalf may go upon the premises to complete the required work or to remove or demolish the building or structure. The owner, the owner's representative, successor or assign, or any other person who interferes with or obstructs the ingress or egress to or from any such premises, or any authorized representative or agent of the city engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor. (Prior code § 21-72)

No person shall move any unit over, upon, along, or across any public street, alley or sidewalk without a written permit therefor from the director of public works. Such permit may be referred to as a "house mover's" permit. (Prior code § 21-73)

No house mover's permit authorized by this article shall be granted by the director of public works until:

A. The required fees under Article IV of this chapter have been paid;

B. The required deposits under Article IV of this chapter have been made;

C. The applicant for such permit furnishes evidence that the applicant has been issued a valid and subsisting relocation permit for the particular unit when such permit is required by the provisions of this chapter. (Prior code § 21-74)

Each application for a house mover's permit must show:

A. The size of each unit when loaded on its means of conveyance;

B. The street location or other identifying description from and to which each unit is proposed to be moved, and the route over, along, across and upon which each unit is to be moved;

C. The number of units to be moved. (Prior code § 21-75)

The director of public works upon receipt of an application for a house mover's permit shall transmit a copy of the application to the police department, fire department, street and field services administrator, permit services administrator, each public utility involved, and all departments or parties notified shall within four days after notice submit an objection or assent to any of the work described in the application for a permit, and shall also submit to the director of public works a statement of the time required to rearrange its plants and equipment and an estimate of the cost of rearranging, protecting and restoring equipment, including any necessary protective flagging. Each house mover shall comply with the deposit provision in Article IV of this chapter. (Prior code § 21-76)

At the expiration of the four-day period referred to in Section 15.04.240, or upon the receipt of the written assent of all parties so requested, the director of public works shall proceed to issue such permit if the applicant has otherwise complied with this chapter. (Prior code § 21-77)

Every permit required by this chapter shall be void unless the move shall be completed within the time specified in such permit; provided, however, that the director of public works may extend such time when the moving of any unit is rendered impracticable by reason of inclemency of the weather, strikes or other causes not within control of the house mover. (Prior code § 21-78)

Each public utility shall charge and collect, as a requirement to the moving of any unit as authorized under the provisions of Article II or III of this chapter, from each house mover, and as compensation for making temporary rearrangements of its property, the actual cost of rearranging and restoring such property including the reasonable sum not exceeding fifteen percent of other costs as an allowance for supervision. Each house mover shall pay all of such charges at the time and in the manner prescribed by the public utility. (Prior code § 21-78.1)

Each house mover shall, when requested to, deposit with each public utility affected the estimated cost of all activities to be performed on behalf of the public utility as a result of the house-moving activities of the house mover. The deposit shall be in cash, and the public utility shall notify the director of public works that the permittee has complied with this requirement. (Prior code § 21-78.2)

In case the cost of the rearrangement, protection and restoration of the property is less than the amount estimated and deposited as provided in Section 15.04.280, then the public utility shall return to the permittee the amount of the unused balance of such deposit less the cost of any damage to public utility property which is caused by the negligence of the permittee in moving any unit. In case the actual cost is more than the amount estimated, then such public utility shall collect the actual cost of the work from the house mover who shall pay same. (Prior code § 21-78.3)

Each public utility may, at any time prior to the moving of any unit, notify any house mover involved of any additional work required, and it shall be incumbent upon the house mover to order such work done, or to have a representative on the grounds to order such additional work by approving the expense of such additional work. (Prior code § 21-78.4)

Each public utility, unless otherwise provided by written notice to the house mover, shall within thirty days from and after the completion of the work of making such temporary rearrangement or restoring its property, present an itemized statement of the cost thereof to the house mover for whom such work was done. When the public utility is city-owned, the itemized bill shall be presented by the director of finance and administrative services office. (Prior code § 21-78.5)

Each applicant for a house mover's permit shall pay a basic fee to provide for city inspection and administrative costs. The fee shall be determined by the director of public works and approved by the city manager, based upon the reasonably anticipated costs to the city for inspection and administration of the permittee's house-moving activities. The director of public works shall set a basic fee for each of the following:

A. One or two units of A, B or C classification and for each additional unit;

B. One unit of D classification or one unit of E classification, and for each additional unit;

C. Each house mover may reschedule a move, for which a permit has been issued, up to and including three p.m. of the day previous to the scheduled day of moving, and the director of public works will reset the move for another day at no extra charge to the house mover;

D. Each house mover may cancel a permit up to and including three p.m. of the day previous to the scheduled day of moving, and shall be entitled to a refund of all fees and deposits for which services are not rendered by the city, less administrative costs already expended or committed as determined by the director of public works;

E. If for any reason a move is not made as provided in the permit and such move is not rescheduled or canceled at the request of the house mover within the time allowed for such request, the director of public works may invalidate the permit and no refund shall be due the house mover. (Prior code § 21-78.12)

Permits issued by the director of public works under this chapter shall be valid only if the following elements are present at the time of the scheduled move, unless otherwise authorized by the director of public works:

A. All units listed in the permit start and remain in tandem during the period of movement through the city;

B. All units are moved at the same time and from the same place;

C. All units are moved along the same route;

D. All units are moved to the same place. (Prior code § 21-78.13)

A. The director of public works shall charge the permittee for any additional costs to the city, not included in the basic fee, which may reasonably result from or which have resulted from the permittee's house-moving activity. Such costs shall include, but shall not be limited to costs arising from relocation of city facilities, tree trimming, police escort, damage to city property, emergency services and change of route.

B. The director of public works shall have the authority to require and may accept in advance a deposit for all reasonably anticipated costs arising from the permittee's house-moving activities. (Prior code § 21-78.14)