* 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). top
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). top
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). top
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). top
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,
40 1985; Ord. 389-A §1, 1979: Ord. 389 §5, 1974:
Ord. 367 §20.4, 1972). top
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). top
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). top
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). top
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). top
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). top
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). top
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). top
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). top
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). top
12.12.150 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). top
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). top
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, 9172). top
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). top
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). top
(Madera County 8/99)
Contacting
Us
Madera County Resource
Management Agency
Dept. of Engineering
and General Services
2037 W. Cleveland Ave.
Madera, CA 93637
Telephone: (559) 675-7817
Fax: (559) 675-7639 Map this location for me
Our office hours are from 8:00 AM to 5:00 PM,
Monday through Friday.
We are closed Saturday, Sunday and selected
holidays.
Permits are not issued after 4:30 PM, Monday
through Friday.
Bass Lake Satellite
Office
40601 Road 274
Bass Lake, CA 93604
Telephone: (559) 642-3203
Fax: (559 ) 658-6959 Map this location for me
Our office hours are from 8:00 AM to 12:00
Noon and 1:00 PM to 5:00 PM, Monday thru Friday.
We are closed Saturday, Sunday and selected
holidays.
