HomeMy WebLinkAboutORD 438ORD 438 Ü h£Ÿjì À ‚ ORDINANCE NO. 458
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING
CHAPTER 9, OF ARTICLE VII, OF THE
BALDWIN PARK MUNICIPAL CODE CONSISTING
OF SECTIONS 7900 THROUGH 7915, IN-
CLUSIVE, AND REPEALING SECTIONS 8801
THROUGH 8824, INCLUSIVE OF SAID CODE,
RELATING TO HOUSE MOVING AND RELOCATION
PERMITS.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Sections 8801 through 8824, inclusive,
of the Baldwin Park Municipal Code, are hereby repealed and
rescinded.
SECTION 2. That Chapter 9 of Article VII, consisting
of Sections 7900 through 7915, inclusive, of the Baldwin
Park Municipal Code, is hereby amended to read as follows:
CHAPTER 9 HOUSE MOVING RELOCATION PERMITS,"
Section 7900. DEFINITIONS. For the
purpose of this Chapter the following definitions
shall apply unless the context otherwise clearly
requires:
a) Building' shall mean any structure
having a roof supported by columns or by walls,
and intended for the shelter, housing or enclosure
of persons, animals, chattels, or property of any
kind;
b) Code' shall mean the Baldwin Park
Municipal Code;
c) City' shall mean the City of Baldwin
Park;
d) Commission* shall mean the Planning
Commission of said City;
e) Council' shall mean the City Council
of said City;
f) Director' shall mean the Director of
Planning of the City;
g) Engineer' shall mean the City Engineer;
h) House moving permit' shall mean a permit
issued upon an application to allow the movement of
a building or structure in, over, or upon any public
street or public property within City provided that
such building or structure will not be permanently
relocated within said City;
i) Relocation permit' shall mean a permit
issued pursuant to this Chapter, allowing the
permanent relocation of any building or structure
upon any property located within the City;
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ORD 438 Ü h£Ÿjì À ‚ Ordinance No. 458
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j) Structure' shall mean anything
constructed or erected which requires a fixed
location on the ground, or is attached to some
obj ect having a fixed location on the ground $
k) Superintendent' shall mean the Super-
intendent of Building Inspection for the City;
1) Treasurer' shall mean the Treasurer
of the City."
PART 1 HOUSE MOVING PERMITS,"
Section 7901. HOUSE MOVING PERMITS. WHEN
REQUIRED. No person shall move any building or
structure in or along any public or private street
or other public place, within the City, without
first obtaining a house moving permit in the
manner hereinafter set forth in this Part."
Section 7902. PERMIT APPLICATIONS. HOUSE
MOVING. Applications tor a house moving permit
shall be made to the Engineer and shall contain
the following inf ormation:
a) The name of the owner and the name of the
person responsible for the moving;
b) A description of the building or structure
involved;
c) Designation of the route and times pro-
posed to be utilized to move the building or
structure through the City;
d) Such other information as may be deemed
required to properly process the permit application.
At the time of filing of the application the
applicant shall pay to the Treasurer a filing fee
and processing fee in the sum of $25.00
Section 7903. HOUSE MOVING PERMITS.
INSURANCE. No house moving permit shall be issued
unless and until the applicant therefor has filed
with the Engineer a certificate of insurance,
indicating that during the duration of such permit,
a policy of liability insurance is in full force
and effect, in minimum amounts as follows:
a) Property damage $100,000.00;
b) Liability coverage $100,000.00 $300,000.00"
Section 7904. PERMIT ISSUANCE. CONDITIONS.
Upon receipt of an application together with the
filing and processing fee, the Engineer shall issue
a house moving permit providing that he finds that
the routes and time proposed for the same, will
not unreasonably interfere with the use of public
or private streets or other public places; the
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ORD 438 Ü h£Ÿjì À ‚ Ordinance No. 458
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Engineer may condition the issuance of such a
permit so as to insure that such usage will
not result in an unreasonable interference with
the same, and to insure that no damage will
result to any person, including the City, or
property. If the route and/or time proposed
or the nature of the building or structure in-
volved will unreasonably interfere with the
usage of such streets or other places, or if
it appears that injury or damage will result,
the Engineer shall deny the issuance of such
permit. In the case of such denial, or the
imposition of such conditions the applicant
feels are unreasonable, he shall have the
right of appeal to the Council, in the manner
as hereinafter described."
Section 7905. APPEAL. Any person dis-
satisfied with the determination of the Engineer
with reference to a house moving permit shall
have the right of appeal to the City Council.
Said appeal shall be perfected by the filing of
a written notice of appeal with the City Clerk
stating the reasons therefor. Said appeal shall
be filed within 30 days after the mailing of
notice of the Engineer's determination. Upon
receipt of such notice of appeal, the Clerk shall
place the matter on the Council's agenda for its
early consideration. The appealing parties and
any other interested person requesting the same,
shall be given notice of the time and place of
such hearing. The burden of proof in all cases
shall be on the appealing party to show that the
action of the Engineer was arbitrary, unreasonable
or not in conformity with the provisions of this
Code. The determination of the Council shall be
final and conclusive."
Section 7906. DEPOSIT. WHEN REQUIRED.
When the Engineer finds that the building or
structure to be moved is to be moved from a
location within the City to a location outside
of said City, he shall require that the applicant
and/or the owner shall deposit with the Treasurer
a cash deposit in an amount to be determined by
him, to insure that the lot, after the building
or structure has been removed therefrom, will be
suitably cleaned by the removal therefrom of all
debris, including, but not limited to, concrete
footings and the like. If the Engineer finds,
after the building or structure has been removed
from such lot, that the said lot has been cleaned
to his reasonable satisfaction, he shall advise
the Treasurer thereof, who shall return the said
deposit to the person making the same; if such
lot is not cleaned to the reasonable satisfaction
of the Engineer with 30 days after removal of the
building or structure, he shall cause the same to
be done and charge the cost thereof against the
deposit, and remit the balance of said sum, if
any, to the person so depositing it."
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ORD 438 Ü h£Ÿjì À ‚ Ordinance No. 438
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PART 2 RELOCATION PERMITS,"
Section 7907. RELOCATION PERMITS, WHEN
REQUIRED. No person shall relocate any building
or structure from any location, either within
or without the City, to a location within the
City, without first obtaining a relocation permit
in the manner hereinafter set forth in this Part."
Section 7908. RELOCATION PERMITS.
APPLICATIONS. Applications for relocation
permits shall be submitted to the Superintendent,
together with a filing and processing fee in the
sum of $110.00 Such application shall be on
forms provided by the Superintendent, and shall
contain the following information:
a) The name of the owner and the operator
proposing to accomplish the relocation;
b) A complete description of the building
or structure, including its present location,
its age and size;
c) A description of the route and the
times proposed to be utilized to move the struc-
ture to its new location within the City, and
the time necessary to accomplish such movement
and construction and/or reconstruction as may be
necessary;
d) Such other information as may be
required by Superintendent in order to properly
process the application.
At the time of filing such application form,
the applicant shall also:
1) submit four photographs of the
building or structure to be relocated, one
showing the front, one the rear and one
showing each of the side views thereof;
said photographs shall be 8 by 10 inches
in size and shall clearly depict the building
or structure involved; and
2) file, with his application, a plot
plan, showing the building or structure as
it is proposed to be located upon the lot
within the City; and
3) a termite report, prepared by a
licensed and bonded termite company, showing
the status of the building or structure in-
sofar as termite, dry rot, etc., is concerned,
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ORD 438 Ü h£Ÿjì À ‚ Ordinance No. 4.58
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Section 7909. INSPECTION AND REPORT.
Upon receipt of an application,the Superin-
tendent shall forward copies thereof to the
Director and to the Engineer. After suitable
inspection of the building and/or structure,
a joint report shall be prepared by the Super-
intendent, Director and Engineer, so as to
enable the Planning Commission to act upon the
application in the manner hereinafter prescribed.
The report shall include, among other things,
the following:
a) the Engineer's report as to whether
the building and/or structure will be structurally
sound upon relocation; and
b) the Director's report as to whether
the building as relocated will meet all pro-
visions of the zoning regulations; and
c) the Superintendent's comments in-
dicating whether the building can be made to
comply with all other provisions of the Code,
as relocated.
The Superintendent shall be empowered to
obtain additional reports, if he deems the same
necessary, from any other department of City,
including, but not limited to, the Fire and
Health Departments. Upon completion of said
report the same shall be transmitted to the
Secretary of the Planning Commission.u
Section 7910. COMMISSION HEARING. Upon
receipt of the completed report,the Secretary
of the Commission shall place the same upon the
Commission's agenda and shall give the applicant
and/or the owner, and each person residing with-
in 300 feet of the proposed site of the relocation
written notice of the time and place of the hearing
to be so conducted. At the time of the hearing,
the Commission shall consider the staff report,
the plot plan and pictures, and evidence from any
person interested in the application. Based upon
the evidence so presented the Commission shall
determine whether the permit shall be issued,
conditionally issued or denied, in accordance with
the provisions of this Part."
Section 7911. ISSUANCE OF PERMIT. The
Commission shall decline to issue any permit for
the relocation of any building or structure unless
it finds each of the following facts present:
a) That such building or structure, as
relocated, will comply with all of the provisions
of this Code, including, but not limited to, the
Building, Electrical, Plumbing, Fire and Zoning
regulations; and
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ORD 438 Ü h£Ÿjì À ‚ Ordinance No. 4.58
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b) That the route and time for relocation
have been approved by the Engineer; and
c) That the buildings and/or structures
as relocated, will be compatible with surrounding
and adjacent buildings, structures and uses, and
the community, and will not have a detrimental
effect upon the property values or character of
other properties and uses adjacent to its pro-
posed new location; and
d) That the applicant has deposited a
faithful performance bond, in an amount to be
determined by the Superintendent, to insure that
the building or structure, as relocated, will be
in full compliance with all building, electrical,
plumbing and fire regulations then in existence
in the City, and the provisions of this Part.
If the Commission finds that any of the above
requirements are not met, or that the building or
structure is in such a state of disrepair or
dilapidation, so as to be unfit for human habitation,
occupancy or use, or that the same could not,
practicably, be rendered in complete conformity
with existing regulations then imposed by this
Code or other law, it shall deny the issuance of
such permit.
The Commission shall have the authority to
condition the issuance of any permit so as to
comply with the provisions of this Part, and all
other provisions of this Code.
The Secretary of the Commission, in cases
where the Commission has approved such permits,
shall decline to issue the same until the applicant
has filed a certificate of insurance indicating
that the applicant has the type of insurance
described in Section 7903 hereof, and the following
cash deposits:
1) If the building or structure is
proposed to be relocated from a location
within the City to another location within
or without the City, a cash deposit as
required by Section 7906 hereof in the case
of house moving permits; and/or
2) A cash deposit in an amount to be
determined by the Engineer, sufficient to
construct or reconstruct, curbs, gutters,
sidewalks, and the planting of approved
street trees; said curbs, gutters, sidewalks
and street trees shall be installed within
the time permitted by this Part for the
relocation of buildings or structures, and
if not so constructed or reconstructed the
same shall be accomplished by the City,
using funds deposited for that purpose as
herein required."
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ORD 438 Ü h£Ÿjì À ‚ Ordinance No. 438
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Section 7912. TIME FOR COMPLETION,
The relocation of any building or structure
allowed by the issuance of a permit pursuant
to this Part, shall be completed, including
the installation of curbs, gutters, sidewalks
and street trees, within'a period of 120 days
from and after the date of issuance of permit.
If the work is not accomplished within the
time permitted such relocation work shall, at
the applicant's option, either be completed
within an additional 30 days, by its bonding
company or, in the alternative, within 30
days after the expiration of such time, the
proposed site shall be completely cleared of
all such buildings, structures and accompanying
debris. The faithful performance bond herein-
above referred to shall be conditioned so as to
accomplish the purposes of this Section and
shall provide that if litigation is required
to enforce the provisions hereof, that the
costs of same, including reasonable attorney
fees, will be a proper charge against such
bond. The time limitations imposed by this
Section may be extended by the Commission upon
a showing of good cause by the applicant."
Section 7913. APPEAL, If the applicant
or any other person is aggrieved by the
decision of the Commission with reference to
a permit, he shall have the right of appeal to
the City Council, by filing of a letter of
appeal stating the reasons for such appeal with
the City Clerk, within 30 days after the mailing
of notice of the Commission's action. A fee
of $50.00 shall accompany any such appeal.
The Council shall conduct a hearing upon such
an appeal, after giving the applicant and all
other persons requesting the same, at least
5 days written notice of the time and place of
such hearing. The burden of proof in all cases
shall be upon the applicant to show that the
action of the Commission was arbitrary, unreasonable
or not in conformity with the provisions of this
Code. The determination of the Commission, in
the absence of an appeal, and the determination of
the Council, shall be final and conclusive."
Section 7914. NOTICES. The applicant and
all other interested persons requesting the same,
shall be given notice of all actions taken in
connection with the issuance of permits pursuant
to this Chapter. In addition, in the case of
relocation permits, a copy of the staff reports
shall be submitted to the applicant, and to any
other interested person requesting the same, in
advance of the Commission hearing."
Section 7915. DUAL PERMITS. Where a
relocation permit has been issued, a house moving
permit in addition thereto shall not be required."
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ORD 438 Ü h£Ÿjì À ‚ Ordinance No. 438
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SECTION 3. That the City Clerk shall certify to the
adoption of this ordinance and cause the same to be
published in the manner prescribed by law.
PASSED AND APPROVED this 2nd day of February 1966.
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ayor
ATTEST: fc^^^^^c^y
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS.
CITY OF BALDWIN PARK
ly THELMA L. BALKUS, City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance No. 458 was regularly
introduced and placed upon Its first reading at a regular meeting of
the City Council on the 19th day of January, 1966. That, thereafter,
said ordinance was duly adopted and passed at a________________
regular meeting of the City Council on the 2nd day of February
1966, by the following vote:
AYES: COUNCILMEN GREGORY, FOREHEAD, APAtR, MCCARON AND MAYOR CRITES
NOES: COUNC I LMEN NONE___________________________________
ABSENT: C08NCILMEN NONE___________________________
U^^Y^J2^^
Thelma L, Balkus, City Clerk
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