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HomeMy WebLinkAboutORD 199ORD 199ê79wU ×Péº ORDINANCE NO 199 AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, REGULATING THE MOVING OF BUILDINGS OR STRUCTURES; FIXING THE RESPECTIVE PERMIT FEES; PRESCRIBED PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. The CITY COUNCIL of the CITY OF BALDWIN PARK does ordain as follows: Section 1. Sections 7200 through 7213.1 inclusive; Sections 8101 through 8101.4 inclusive; Section 9100.720.1 of the Baldwin Park Municipal Code; and all other ordinances and parts of ordinances in conflict herewith are hereby re- pealed. Section 2. That the Baldwin Park Municipal Code is amended to read as follows: CHAPTER 2 HOUSE MOVING AND LOCATION 7200. Classifications. For the purpose of this chapter permits for the moving of buildings and structures are hereby classified as follows: a) Class A" Permit For any building or structure moved on a motor truck or any vehicle propelled by its own power. b) Class B" Permit For any building or structure which when loaded on house moving dollies or rollers does riot exceed 22' in height or 30' in width. c) Class C" Permit For any building or structure which when loaded on house moving dollies or rollers is more than 22' in height, but does not exceed 2$' in height, and is more than 30' in width, but does not exceed 40' in width. d) Class D" Permit For any building or structure which when loaded on house moving dollies or rollers exceeds 2$' in height or exceeds 40' in I-~ ORD 199ê79wU ×Péº width. e) Class E" Permit For any building or structure the walls of which are constructed of brick or of concrete, which when loaded on house moving dollies or rollers exceeds 22' in height or exceeds 30' in width. f) Class F" Permit For any building or structure which is not covered by any of the above classi- fications. 7201. Scope. It shall be unlawful for any person, firm or corporation to move, or cause to be moved, any building or structure or any section of any building or structure, over, upon, along or across any public street, place, land, court or alley in the City of Baldwin Park, or from one location to another in said City, without first obtaining a permit to do so from the City Engineer of said City. 7202. Application. All applications for permits shall be filed with the Building Superintendent for initial inspection. The Building Superintendent shall forward the file to the City Engineer for requirements and recommendations on proposed routes. Within ten days the City Engineer shall transmit the file to the Planning Commission for a public hearing if required. Such applications shall show the following: a) The name of the owner. b) A complete description of the building or structure to be moved designating its type, construction material, age, size and any other pertinent information that may be required by the Building Superintendent. c) A description of the route, over, along, across and upon which such building or structure, section or portion thereof, is to be moved and the time within which the work of moving will be commenced and completed. 2- ORD 199ê79wU ×Péº d) A complete description of any proposed ad- dition, alteration, repair or improvement to be made to said building or structure, either before or after it is moved and a statement of the approximate time of commencement and com- pletion of such proposed addition, alteration, repair or improvement. e) 4 $2 x 11" photographs showing front, rear, left and right side elevations. f) A statement supported by relevant evidence in- dicating that all necessary authorizations and permits have been obtained from the operator of any public utility which might be affected by such moving operations. g) The proposed use to which such relocated build- ings or structures will be put. h) A termite inspection report by a reliable termite eradicator company licensed by the State of California. i) Such other relevant information as the Building Superintendent and Planning Director may require. 7203. Tree Trimming. Within ten days after the receipt of an application for a permit, the City Engineer shall determine the following: a) Whether the moving of any building or structure, as proposed in the application, can be accomplished without damage to adjacent trees along said route, and he may recommend that a different route be required and the building or structure moved in smaller sections. b) Whether it is necessary to do any tree trimming, and if so, whether it will be done by the City or the applicant under a permit from the City. 7204. Fees. Each application for a permit shall be 3- ORD 199ê79wU ×Péº accompanied by a filing fee of $75 to the Planning Commission to cover the cost of making maps, posting notices and other administrative expenses involved, and $15 to the Building Depart- ment for initial inspection and correction list on structure or building. Said fees shall be termed by the City as an appli- cation fee" and shall not be refundable whether a permit is issued or not. If the application is approved by the Planning Commission there shall be paid to the City of Baldwin Park the following permit fees: a) $25 for a Class A" Permit; b) $100 for a Class IIBtt permit; c) $150 for a Class IC'r Permit; d) $250 for a Class D" Permit; e) $300 for a Class En permit; f) For a Class F" Permit a minimum of $25 plus additional sum as may be required by the Building Superintendent in accordance with the size and height of the building or structure and commensurate with the above schedule of fees. 7205. Before a permit is issued, the applicant shall furnish and file with the City Clerk a good and sufficient surety bond issued by a company acceptable to said City Engineer, or a cash deposit in the principal sum of three thousand $3000) dollars in favor of the City of Baldwin Park, for the benefit of any person, firm or corporation who may be damaged, directly or indirectly, by the moving of said building or structure. Pro- vided that any person, firm or corporation engaged regularly in the business of moving buildings may deposit with the City Clerk a surety bond or a cash deposit in the sum of ten thousand $10,000) dollars indemnifying the City of Baldwin Park for like purposes, and in that event such person, firm or corporation need not file the said three thousand $3000) dollar bond or cash deposit hereinabove required for any single moving operation. 7206. In case of any damage to any street or other 4- ORD 199ê79wU ×Péº public property or public utility owned by the City, the City shall do, or cause to be done such work as maybe necessary to restore the street or other public property or public utility to as good a condition as the same was in prior to such damages, and shall charge the cost thereof to the person, firm or corpo- ration to whom the permit was issued for the moving of such building or structure, or section or portion thereof. No final inspection will be made or passed on the condition or repair of any building or structure until all charges, costs and fees to the City of Baldwin Park, incidental to said moving have been paid. 7207. The provisions of this ordinance shall apply to all persons, firms, associations or corporations moving buildings or structures into or within the City of Baldwin Park, to a lo- cation within said City, providing that upon a proper showing the Planning Commission may waive one or more of the requirements of this Ordinance, or may reduce or waive the deposit on permit fees where the building or structure to be moved is known by or is to be used or occupied by another public agency, or where the distance such building or structure is to be moved is so small as to warrant a modification of the fees or other require- ments hereof. 7208. All applications for permit shall first be sub- mitted to the Building Superintendent of the City of Baldwin Park for his initial inspection, correction list and recommendations. The file shall then be forwarded to the City Engineer for recom- mendations and considerations, etc., and no such permit shall be issued until the same has been approved by the Planning Com- mission. of said City. Within ten days the file shall be forwarded to the Planning Commission. The same shall be set for hearing before the City Planning Commission, and notices of the time and place of such hearing, and the purpose thereof, shall be given by the posting of notices not more than 200' apart within a distance of 500 feet from the exterior limits of the property to which 5- ORD 199ê79wU ×Péº any such building or structure is to be moved. Such posting of notices shall be completed at least ten days before said hearing. 7209. No permit shall be issued for the moving of any building or structure from one location to another within the City of Baldwin Park if said building or structure in the opinion of the Planning Commission is so old, dilapidated and in such a state of disrepair as to be unsanitary or otherwise unfit for human habitation, occupancy or use, or would by reason of its exterior appearance be detrimental to the property value and residential character of other properties in the neighborhood in its new location; or if the proposed use of said building or structure is prohibited by the zoning ordinance of said City; or if the building or structure is of a type prohibited at the proposed location by the building code or any other law or ordi- nance. 7210. All applications for moving buildings and structures as hereinabove provided shall be accompanied by archi- tectural plans of the completed structure; a faithful performance bond executed by a responsible surety company authorized to do business in the State of California, or by two responsible private individuals, in an amount as recommended by the Building Superintendent as being necessary to bring such structure or building up to existing building codes and any other applicable law or ordinance; and that all of the work required to be done pursuant to the conditions of the house moving permit to be kept within the time limits specified by the Building Superintendent. The Planning Commission may, in authorizing any house moving permit, impose thereon such terms and conditions as it may deem reasonable and proper in the interest of public safety, welfare, morals and well being, including, but not limited to the require- ments of changes, alterations, additions or repairs to be made to or upon the building or structure, removal of any non-conform- ing uses or structures on the lot. Further terms or conditions may be imposed by the Planning Commission in accordance with the 6- ORD 199ê79wU ×Péº building code, zoning and fire code regulations. The terms and conditions upon which a permit is granted shall be written upon the permit or appended thereto. 7211. Not later than fifteen days after completion of the said public hearing, the Planning Commission shall render its decision on the matter. The decision of the Planning Com- mission and any provisions or restrictions imposed shall be final unless an appeal to the City Council in writing is filed with the City Clerk within five days after the decision is rendered. Appeal may be made by the appellant, or by any person owning or in possession of property, within 500 feet of the property on which the structure is proposed to be relocated. The Building Superintendent shall issue no permits within the five day appeal period, and the filing of such.appeal within such time limit shall suspend the action of the Planning Com- mission until the determination of the appeal by the City Council or its dismissal by the appellant. If the application is approved and no appeal filed the Secretary of the Planning Commission shall return the file on the application to the Building Superintendent for issuance of the permit at the expiration of the five day appeal period. 7212. The permit or permits herein authorized shall be in addition to all permits required under any other ordi- nance of the City of Baldwin Park, and all such relocated buildings or structures shall be subject to the inspection of the Building Superintendent, Planning Department and the City Engineer and must conform to all requirements of the building code and other codes or ordinances relating to building con- struction, and necessary installations incident thereto. 7213. It shall be unlawful for any person, firm or corporation who shall move or cause to be moved any building or structure, or section or portion thereof, over, upon, along or across any public street, alley or other public place, to fail, refuse or neglect to keep a red light burning at all times between 7- ORD 199ê79wU ×Péº sunset and sunrise at each corner of such section or portion of such building or structure, or at the end of any projection thereof at intervals of not more than ten 10) feet on the side thereof facing the open street while located in or upon any public street, highway, alley or public place, and during all the time while said building or structure is being moved and in motion sufficient look-outs shall be maintained to safeguard persons or property against injury or damage which might result from such moving operations. 7214. Every person, as principal agent or otherwise, violating or failing or neglecting or refusing to comply with any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be pun- ished by a fine of not exceeding five hundred dollars $500) or by imprisonment in the County Jail of the County of Los Angeles, California, as the committing Magistrate may direct, for a period of not more than six months, or by both such fine and imprisonment in the discretion of the court. Each such person, as principal, agent or otherwise, shall be deemed guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect or refusal to comply with any of the provisions of this ordinance is committed, continued or permitted by such person. Section 3. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published or posted in the manner required by law. This ordinance shall take effect thirty days after the date of its adoption. ADOPTED by the CITY COUNCIL, signed by the Mayor and attested by the City Clerk this 6th day of November 1961. Letcher Bishop, Mayor A T T E S T: Thelma L. Balkus, City Clerk 8- ORD 199ê79wU ×Péº 49 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of Baldwin Park and signed by the Mayor at a regular Council meeting held on the 6th day of November 1961, by the following vote: AYES: COUNCILMEN COLE, BLOXHAM, LITTLEJOHN AND HOLMES NOES: COUNCILMEN MAYOR BISHOP ABSENT: COUNCILMEN NONE Thelma L. Balkus, City Clerk 9- ORD 199ê79wU ×Péº ORD. V0. 09 CERTIFICATE OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDNIN PARK I hereby CERTIFY that I am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 7 day of November 1961, I caused to be posted in three conspicuous places a copy of Ordinance No. 199 as re- quired by law and the Baldwin Park Municipal Code. scar- r~ THELMA L. BALKUS City Clerk SEAL) Subscribed and stivorn to before me this otary Public I Uw for the County of L06 ales, State of Callforhb EVA ELDER PUGH My Commission xpaes March 6, 1963 BIB] 39007-U01 ORD-U02 199-U02 LI2-U03 FO31549-U03 FO94591-U03 DO94615-U03 C5-U03 ORDINANCES-U03 10/12/2006-U04 ROBIN-U04