Title 14 BUILDINGS AND CONSTRUCTION
Chapter 14.12 BUILDING RELOCATION*
14.12.010 Board created.
14.12.020 Definitions.
14.12.030 Permit--Required.
14.12.040 Permit--Application.
14.12.050 Relocation permit application--Fees and deposits.
14.12.060 Hearing.
14.12.070 Hearing notice.
14.12.080 Notice--Contents.
14.12.090 Findings required for permit issuance.
14.12.100 Permit--Conditions.
14.12.110 Decision--Notice.
14.12.120 Appeal.
14.12.130 Effective date of permit.
14.12.140 Completion or demolition.
14.12.150 Permit--Revocation.
14.12.160 Application to other licenses, permits, taxes, fees or charges.
14.12.170 Failure to receive notice.
14.12.175 Temporary relocation of building.
14.12.180 Violation deemed nuisance-Penalty.
* For provisions regarding moving buildings and structures, see Chapter
11.16 of this code.
14.12.010 Board created.
A building relocation board is created and consists of the planning
director, the county engineer and the environmental health department director,
or their representatives. Such board shall consider whether the architectural
and general appearance of such building or structure is in keeping with the
character of the neighborhood where the purposed relocated construction will
take place and whether the same will not be detrimental to the orderly and
harmonious development of the neighborhood and complies with all applicable
codes. (Ord. 367Q-389C § 1(part), 1998: Ord. 389 § 1, 1974: Ord. 367
§ 20, 1972).
14.12.020 Definitions.
A. “Relocate” means to move a building onto a lot or parcel of
land situated in the county.
B. “Relocation site” is the lot or
parcel of land in the county onto which a building is moved or to be moved.
(Ord. 389 § 2, 1974: Ord. 367 § 20.1, 1972).
14.12.030 Permit--Required.
No person shall relocate any building containing more than one hundred
twenty square feet of projected roof area within the unincorporated area of the
county without first obtaining, in addition to other permits, a relocation
permit from the building relocation board. (Ord. 367Q-389C § 1(part),
1998: Ord. 389 § 3, 1974: Ord. 367 § 20.2, 1972).
14.12.040 Permit--Application.
Applications for relocation permits shall be filed with the building
relocation board and shall be accepted for this purpose by the county engineer.
Each application shall be in writing on a form provided by the board, and the
information required to be set forth therein shall be as prescribed by the
board. Each application shall be signed and the information therein contained
declared to be correct under penalty of perjury by the owner or owners of the
building to be relocated and by the owner or owners of the relocation site. No
relocation permit shall be issued if there is another outstanding relocation
permit at that location or if the same applicant is in violation or default on
other permit issues. (Ord. 367Q-389C § 1(part), 1998: Ord. 389 § 4,
1974: Ord. 367 § 20.3, 1972).
14.12.050 Relocation permit application--Fees and deposits.
A relocation permit shall be issued upon the following
conditions:
A. The county engineer shall not accept any application for a
relocation permit unless the filing fee has been paid, and the county engineer
may refuse to accept any such application for filing unless all information is
set forth as required by the form, and declared to be correct under penalty of
perjury.
B. A minimum fee for two hours of special inspection at thirty-five
dollars per hour, or at such rate as may be established in the resolution for
engineering department fees, shall be payable at the time of application to
cover the cost of investigation. If the actual time spent is in excess of two
hours, the applicant shall pay the difference prior to further processing of the
relocation permit at the special inspection rate referred to above.
C. A fee
for publication and mailing notices of any hearings, in the amount of one
hundred dollars per hearing or as established in the resolution for engineering
department fees, shall be paid at the time of application.
D. Where a
relocation investigation is conducted outside the physical limits of the county,
an additional charge will be made for mileage and actual time spent performing
the inspection in accordance with the fee schedule established by the county and
this chapter.
E. After a relocation permit is approved and the appeal
periods have passed, and before a building is relocated to the new site,
building permits for the new or corrective work associated with the relocation
must be obtained. Normal building permit fees for the work associated with the
relocation apply, which fees shall be based on the valuation, as determined by
the county, of the new or corrective to be done.
F. A cash deposit in an
amount determined by the county engineer to be sufficient to pay for the costs
of the installation of a well, pump and septic system, if required at the new
location, will be required at the time of issuance of the building permits
associated with the relocation; such cash deposit will be returned upon the
county engineer’s determination that the above described improvements have
been completed in accordance with all requirements.
G. Cash, a corporative
security bond, or any other form of security which may be deemed appropriate by
the county, in the amount of the estimated cost of remodeling as established by
the county engineer, plus an additional ten percent or one thousand dollars,
whichever is higher, to cover any unanticipated costs, administrative or
potential legal fees, will be required prior to the issuance of the building
permits associated with the relocation. Said security shall guarantee that the
repairs of remodeling shall be completed within twelve months of the date of
issuance of the relocation permit, or said security shall be forfeited and used
either to complete the repairs or demolish the structure as deemed appropriate
by the county. Any remaining security shall be returned upon the completion of
demolition or the issuance of an occupancy permit by the county
engineer.
H. Applicant shall enter into a performance agreement with county
to insure that either the work is completed, or that the building is demolished,
in accordance with this chapter. (Ord. 367Q-389-C § 1(part), 1998: Ord.
389-B § 1, 1985; Ord. 389-A § 1, 1979: Ord. 389 § 5, 1974: Ord.
367 § 20.4, 1972).
14.12.060 Hearing.
Within thirty days after the application is filed, the building relocation
board shall conduct a public hearing before any relocation permit may be issued.
Results of staff investigation shall be presented and considered at such public
hearing. (Ord. 367Q-389C § 1(part), 1998: Ord. 389 § 6, 1972: Ord.
367 § 20.5, 1972).
14.12.070 Hearing notice.
The planning director shall give at least ten days’ notice of the
time, place, and purpose of a public hearing concerning the issuance of a
relocation permit, by one publication in a newspaper of general circulation, and
by mailing said notice by certified mail, postage prepaid, to the applicant and
to the owners of parcels adjacent to the relocation site. Adjacent parcels shall
be all those situated within three hundred feet of any portion of the relocation
site. When the owner of the relocation site owns an adjacent parcel of parcels,
for the purposes of determining adjacent parcels, such adjacent parcel or
parcels shall be considered a part of the relocation site.
For the purpose
of notice, the owners of adjacent parcels shall be shown on the last equalized
assessment roll of the county on the date of application. (Ord. 367Q-389C
§ 1(part), 1998: Ord. 389 § 7, 1974: Ord. 367 § 20.6,
1972).
14.12.080 Notice--Contents.
The notice of public hearing shall specify what is to be moved, where the
buildings to be moved are located, and the relocation site. In addition to
giving notice as specified in Section 14.12.070, the county engineer shall post
the notice at the front and rear of the relocation site at least ten days prior
to the date of the public hearing. Notices required to be posted on the
relocation site shall be entitled, “Moving Notice.” (Ord. 389 §
8, 1974: Ord. 267 § 20.7, 1972).
14.12.090 Findings required for permit issuance.
No relocation permit may be issued by the building relocation board unless
two of its members agree to the issuance thereof. Said board shall not issue a
relocation permit unless it finds that the relocation:
A. Will not impair
the utility or the value of the property adjacent to the relocation site, or the
general welfare of the neighborhood of the relocation site; and
B. Will not
impair the integrity and character of the zoning district of the relocation
site. (Ord. 389 § 9, 1974: Ord. 367 § 20.8, 1972).
14.12.100 Permit--Conditions.
The building relocation board may make any relocation permit issued by it
subject to such conditions as the board may deem reasonably necessary to secure
the general purposes of this chapter, and the zoning ordinance of the county.
Such conditions may include, but are not limited to, architectural and site
improvements, right-of-way dedications, street or road improvements, liability
and indemnity insurance in favor of the county, and time limits for completion.
(Ord. 367Q-389C § 1(part), 1998: Ord. 389 § 10, 1974: Ord. 367 §
20.9, 1972).
14.12.110 Decision--Notice.
The decision granting or denying the relocation permit shall be made not
later than five days after the public hearing. Not later than two working days
after the decision, the county engineer shall mail notice of the decision,
postage prepaid, to the applicant, and to any person who has filed a written
request for such notice with the county engineer prior to the rendering of the
decision. (Ord. 367Q-389C § 1(part), 1998: Ord. 389 § 11, 1974: Ord.
367 § 20.10, 1972).
14.12.120 Appeal.
The applicant or any interested person may file an appeal with the county
engineer within fifteen days of the date of the decision by filing a written
notice of appeal and depositing a fee of twenty-five dollars, or such fee as
listed in the engineering department fees set by resolution of the board of
supervisors.
Upon receipt of a notice of appeal, the building relocation
board shall immediately transmit to the clerk of the board of supervisors all
maps, records, papers and files which constitute the record in the action from
which the appeal is taken. The appeal shall be set for hearing by the clerk of
the board of supervisors within thirty days after the filing of the notice of
appeal. Notice of such hearing shall be given by the clerk of the board of
supervisors as provided in Section 14.12.070. The board of supervisors shall
hold a public hearing, on the appeal. The board of supervisors may affirm,
reverse, or modify the decision of the building relocation board in conformance
with this chapter. The decision of the board of supervisors shall be final.
(Ord. 367Q-389C § 1(part), 1998: Ord. 389 § 12, 1974: Ord. 367 §
20.11, 1972).
14.12.130 Effective date of permit.
Unless otherwise provided by the terms of a relocation permit, a
relocation permit shall become effective upon expiration of the appeal period,
or upon the decision of the board of supervisors to grant the issuance of a
relocation permit if an appeal is taken. (Ord. 367Q-389C § 1(part), 1998:
Ord. 389 § 13, 1974: Ord. 367 § 20.12, 1972).
14.12.140 Completion or demolition.
Unless otherwise provided by the terms of a relocation permit, a
relocation shall be completed within one year of the effective date of the
relocation permit, including all new corrective work, regardless of when the
building permit for the actual construction is issued, or renewed, or whether
its term extends beyond the end of the life of the relocation permit.
If the
relocation, including all new or corrective work, is not completed within the
applicable time period, then the building relocation permit expires and no
further work may be done on the building until and unless the applicant obtains
a new building relocation permit in accordance with this chapter.
If the
applicant fails to obtain a new building relocation permit within a reasonable
time following the expiration of any building relocation permit, then the county
may declare the relocation security forfeited and, at its election, may have the
building relocation completed, including all necessary new or corrective work,
or have the building demolished and removed from the site. The county may pay
the cost of such completion or demolition out of the relocation security.
Following such completion or demolition, the county shall refund any remaining
security to the applicant. If the security is not sufficient to pay the full
cost of completion or demolition, then the county may pay the excess costs from
any source available to it and the applicant immediately shall become liable to
the county for such excess costs. (Ord. 367Q-389C § 1(part), 1998: Ord.
389 § 14, 1974: Ord. 367 § 20.13, 1972).
14.12.150 Permit--Revocation.
The building relocation board may revoke any relocation permit for
violation of the terms of such permit or the provisions of this code, or for any
other cause. Proceedings to revoke a building relocation permit shall be
initiated by the county engineer by giving the permittee notice of a time and
place for a public hearing by the building relocation board concerning such
revocation and the reasons therefore. Such notice shall be mailed to the
permittee, postage prepaid, at the address shown for such purpose on the permit,
at least five days before the date of the hearing.
The decision of whether
to revoke a relocation permit shall be made not later than five days after the
public hearing. Not later than two days after the decision, the county engineer
shall mail notice of the decision, postage prepaid, to the permittee, and to any
other person who has filed a written request for such notice with the county
engineer prior to the decision.
The permittee or any interested person may
file an appeal of the revocation within fifteen days from the date of the
decision as provided in this chapter.
The appeal shall be heard by the board
of supervisors, and proceedings on appeal shall be taken as provided in this
chapter.
If a permit is revoked and the permittee fails to obtain a new
permit within a reasonable period of time, then the county may declare the
relocation security forfeited and, at its election, may have the building
relocation completed, including all necessary new or corrective work, or have
the building demolished and removed from the site, in accordance with the
provisions of Section 14.12.140. (Ord. 367Q-389C § 1(part), 1998: Ord. 389
§ 15, 1974: Ord. 367 § 20.14, 1972).
14.12.160 Application to other licenses, permits, taxes, fees or charges.
Nothing contained in the provisions of this article applicable to
relocation permits shall be deemed to repeal, amend, be in lieu of, replace or
in any way affect any requirement for any license, permit, fee, tax, or charge
required by, under, or by virtue of any other provision of this article, or any
other ordinance of the county. No relocation permit shall be construed as
authorizing the conduct or continuance of any unlawful business, or any business
in violation of any ordinance of the county. (Ord. 389 § 17, 1974: Ord.
367 § 20.16, 1972).
14.12.170 Failure to receive notice.
The failure of any person to receive any notice provided by this article
shall not affect the validity of any proceedings taken under this article, or
any action or decision of the building relocation board or board of supervisors
taken under such proceedings, or prevent said boards from proceeding with any
hearing at the time and place set therefor. (Ord. 389 § 18, 1974: Ord. 367
§ 20.17, 1972).
14.12.175 Temporary relocation of building.
The applicant may apply for a temporary relocation permit to allow the
relocation of a building to its proposed site, pending the processing of the
relocation permit. A temporary relocation permit may be issued by the building
relocation board under the following conditions:
A. The applicant has filed
a completed building relocation permit application, paid all necessary fees, and
the county staff’s relocation investigation has been completed.
B. The
applicant deposits cash or other security acceptable to the county in the amount
determined by the county engineer necessary to complete the relocation or
demolish the building should the relocation permit be denied.
C. The
building shall not be placed on a foundation during the temporary relocation
period.
D. The applicant shall fence the structure with a six-foot-high
temporary fence within twenty-four hours of the building being placed on the
site. The applicant shall maintain that fence in place until the appropriate
permits are obtained and construction for the permanent installation of the
structure has commenced or until the building is removed from the property if
the relocation permit is denied.
If, after all appeals, the relocation
permit application is denied, then within thirty days the applicant must move
the structure from its temporary location to an approved site or the security
deposit shall be forfeited to the county and used to complete the relocation or
demolish the structure in accordance with the provisions of Section 14.12.140.
If the county determines that the structure is a dangerous and hazardous
building, then the county may order that the structure be demolished in
accordance with the provisions of Chapter 14.30 of this code. The cost of said
demolition shall be paid out of the security deposit which is deemed to have
been forfeited by applicant for failing to comply with this chapter. Forfeiture
of security does not relieve the applicant from additional civil or criminal
penalties or claims which may be filed or processed in conjunction with the
applicant’s failure to perform the necessary reconstruction. (Ord.
387Q-389C § 2, 1998).
14.12.180 Violation deemed nuisance-Penalty.
Violation of the provisions of this chapter or the terms of any relocation
permit is a misdemeanor punishable as provided in Chapter 1.12.
Violation of
the provisions of this chapter or of the terms of any relocation permit
constitutes a nuisance. The remedy to abate such nuisance shall be as provided
by Chapter 7.20, and shall be in addition to any other remedy provided by this
chapter or by law.
In addition to any other remedy provided by this chapter
or by law, any person who violates the provisions of this chapter or the terms
and conditions of a relocation permit shall forfeit to the county all fees,
deposits and bonds provided pursuant to Section 14.12.050. (Ord. 367Q-389C
§ 1(part), 1998: Ord. 389 § 16, 1974: Ord. 367 § 20.15,
1972).
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