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Ordinance 082ORDINANCE N0. 82 AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER, ALONG OR ACROSS HIGHWAYS, STREETS AND ALLEYS IN THE CITY; PROVIDING FOR PROTECTION TO THE CITY FROM DAMAGES ARISING OUT OF SUCH OPERATION: AUTHORIZING THE CITY BUILDING INSPECTOR TO ISSUE PERMITS: PROVIDING FOR ENFORCEMENT: AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BE IT ORDAINED BY THE CITY OF CUPERTINO AS FOLLOWS: Section 1. Definitions: For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "Building: is a structure designated, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure containing less than 100 square feet of floor space shall not fall within this definition. (2) "Building Inspector" is the Building Inspector of the City of Cupertino. (3) "City" is the City of Cupertino. ~ "Person" is any person, firm, partnership, association corporation, company or organization of any kind. Section 2. Permit required. No person shall move any building over, along or across any highway, street or alley in the City without first obtaining a permit from the Building Inspector. Section 3. Application. A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector. (1) Form. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector. (2) Contents. The application shall set forth: (a) A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior; (b) A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the City; (c) A legal description of the lot to which it is proposed such building be removed, giving lot, block and tract number, if located in the City; (d) The portion of the lot to be occupied by the building when moved; (e) The highways, streets and alleys over, along or across which the building is proposed to be moved; f Proposed moving date and hours; ~g Any additional information which the Building Inspector shall find necessary to a fair determination of whether a permit should issue. (3) Accompanying Papers. (a) Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any entanglements and that all taxes and any City charges against the same are paid in full. (b) Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that he is entitled to move the building. (~-) Fee. The application shall be accompanied by a deposit fee in the amount of ~~-00.00 as provided in Section 7.4 of this Ordinance. Section ~-. Moving Notice Upon receiving an application to move an old or previously occupied building, the Building Inspector shall cause a notice to be posted on the front and rear of the proposed location and on the front of the building proposed to be moved. Such notice shall have a title in letters not less than one inch in height, "MOVING NOTICE"; shall give the location of the house by street and number and the name and address of the applicant desiring a permit to move such building. Section 5. Issuance of Permit. Hearing After the above described notices have been in place seventy-two hours, excluding Sundays and holidays, and no written protests have been received, the Building Inspector shall issue the permit subject to all the provisions of this Ordinance. If any written protests are filed with the Building Inspector, he shall set a time for a hearing before the City Council, said time to be not sooner than three days not later than twenty days from tine date of the filing of the protest. The Building Inspector shall notify the City Council and the other interested parties of the hour set for such hearing. No permit shall issue unless the City Council shall deny the protest. Section 6. In addition to the conditions urr~.er which a permit may be issued as specified in this Ordinance, the Council may, in all cases where a protest in writing has been received, require an applicant to make such improvements and repairs to the building sought to be removed as in the opinion of the Council are warranted, and require said applicant to post a surety bond or cash with the City Clerk as security for the faithful performance by the applicant of all repairs and improvements which the Council orders~~ made as a condition to the granting of such permit. Section 7. Permit Conditions. Any permit issued under this Ordinance shall be subject to the following conditions: (1) Certificates. No permit shall be issued unless there is first filed a certificate of inspection signed by the Building Inspector certifying that he examined the building and that it is structurally strong;_ and unless there is also filed a certificate certifying that the removal of said building on the route proposed will not result in damage of or destruction to trees. (2) Locations Outside City: No permit shall be issued to move a building through the City from one location out- side the City to another .location outside-the City unless the proposed route to be followed within the City shall be approved by the Building Inspector. (3) Location Within City from Outside. No permit shall be issued to move a building from a location outside the City to a location inside the City unless they building has been inspected and approved, and the route to be followed has been approved by the Building Inspector. Inspection fees shall be paid by the applicant in accordance with the requirements of City ordinances regulating building, electrical, plumbing and gas installations. The lot upon which such building is to be moved shall be posted as requi-red for buildings to be moved within the City. (4) Deposit Permit Fee. No permit shall be issued to any person unless there is on deposit with the City Clerk the sum of ~~+00.00 from.. which deposits there shall be deducted the sum of ~2C~.00 for the issuance of a permit, and also the sum of 1.00 for each hour, or fraction thereof, during which the building is being moved over any portion of a public street in excess of the first 24 hours; together with tr.e cost of the service rendered by any employee of the City or by any company or corporation in protecting, trimming, or cutting trees or removing and replacing wires or poles; and from which he shall also deduct such sums as will be necessary to cover any damage done to the property of any person along the route of the removal. Any dispute betwe8n the holder of a permit and the City as to the cost of any service rendered by any person or the amount of damage done to the property of any person shall be referred to the City Clerk, Building Inspector and City Attorney and their decision shall be final. (5) Accessory Building. An accessory building, not over ~F00 square feet in area, may be moved in conjunction with the moving of a residence from the same location to the same location without paying an additirn al fee. Section 8. Contiguous Land. Notwithstanding the provisions of Section 7, (3) and (~-), an existing building may be moved from land contiguous to the City, to land within the City, in all cases where the owner of said con- tiguous land has taken such steps as the Council may require in order to annex said contiguous land to the City. Section 9. Metal Tires: No building shall be moved upon any truck having metal tires. Section 10. Rollers. No building shall be moved upon rollers unless planks are placed under said rollers of such width and in such manner as to protect the surface of the street from damage. Section 11. Truck. No building shall be moved unless moved on rollers or upon a truck having wheels equipped with pneumatic, or solid rubber tire. Section 12. Duties of Person in Charge. Every person in charge of the moving of any building on or over the streets of the City shall: (1) Notify the Fire Department within one-half hour after sunset of the location of the building and the route over which the building is to be moved during the night. (2) Give 2~ hours written notice to any person res~nsible for trimming trees, removing wires or the doing of other things necessary to permit the moving of the building over the route designated. (3) Maintain red lights at each corner of the building from one-half hour after sunset till one-half hour before sunrise. (~-) Carry insurance to cover accidents or damage to persons and property or furnish bond therefor satisfactory to the Building Inspecto r. (5) Notify the Sheriffs Office of the time of moving and the route over which said building is to be moved. Section 13. Violation. Any person, firm, or corporation who shall violate any provision of this Ordinance shall be guilty of a misdemeanor, and upon con- viction thereof shall be fined in an amount not to exceed $500.00 or be imprisoned in the County Jail not to exceed 6 months, or be subject to both such fine and imprisonment. Section 1~-. This ordinance shall take effect and be in force thirty (30) days after its passage and before the expiration of fifteen (15) days from and after its passage this Ordinance shall be published once with the names of the members voting for or against the same in the Cupertino Courier, a newspaper published in said County of Santa Clara. Introduced at a regular meeting of the City Council of the City of Cupertino on the 16th day of February, 1959. Passed. and adopted at a regular meeting of the City Council of the City of Cupertino on the 2nd day of March, 1959, by the following vote: AYES: Councilmen: Nathanson, Pelosi, Saich, Wilson NOES: Councilmen: None ABSENT: Councilmen: Lazaneo A PPROVED: Mayor, City of Cupertino ATTEST: ~~ 1 ~ - lX1~S~-~ C~-<- City Clerk I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex officio clerk of the legislative body of said City do hereby certify that the foregoing is a true and correct copy of Ordinance No. 82 on file in my office and that the same has been published pursuant to law . IN W NESS WHEREOF I have hereunto set my hand and City Seal this ~ ~ day of (~ev_e,.-.1Cs-e.~ ~ 19 b~v, . ~~ Q~x ~ City Clerk