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HomeMy WebLinkAboutOrd. No. 1968-462-463265 ORDINANCE N0. 462 AN ORDINANCE OF THE CIPY CF' ELSINORE, CALTFORNIA,MAKING IT UNLAIdFUL TO MOVE ANY BUILDING WITHITd, INFO, FROM OR THROUGH THE CITY WITHOUT FIRST OBTAINING A BUILDING MOVING PERMIT AS REQUIRED BY THIS ORDINANCE; PROVIDING FOR PRELIMINARY INSPECTIONS, PAYI~NT OF FEES; NOTICE AND HEARING, RIGHT OF APPEAL, CERTIFICATE OF OCCUPANCY I'.'°) AND PROVIDING FOR PENALTIES FOR VIOLATIONS. THE CITY COUNCIL OF THE CITY OF EISINORE DOES HEREBY ORDAIN AS FOLLOHS: SECTION l; The purpose of this ordinance is to regulate the moving of buildings within, into, from and through the Gity; and-to provide for the granting of conditional exceptions to certain requirements of the Building Code trhich are applicable to moving buildings which do not comply therewith. SECTION 2: Permit and Fees. It: shall be uxil_awful to move an building. within; into, from or through the City orithout First obtaining a building moving permit as provided in this ordinance. Application for building moving permits must be made to the Building Department and the following filing fees paid upon making such application. (a) The Fee for filing an application for a permit to move a building from or through the City shall be $15.00 --. (b) The fee for filling an application for a permit, to move a building orithin or into the City shall be $25.00; provided; however, that if the distance be- tween the. building and the office o£ the Building Department is more than ten (ZO) miles the fee shall be-increased at the rate of 50 cents per'mile for .each mile that such distance exceeds ten miles. If the application is approved an additional fee of $15.00 ,.,. mint be paid prior to the issuance of the permit.. The building moving permit and the fees herein mentioned are in addition to the building permit .and building permit fee provided by the Building Code. SECTION 3; Preliminary Inspection--Fee. Any person who is considering the making of application for a permit to move a building shall apply to the building official for a preliminary inspection of the building. Such application must be accompanied by a preliminary inspection Fee of 50 cents for each mile or fraction of a mile of the: distance between the. office of the building o££icial and the buiding, as estimated or otherwise determined by the building inspector. Such preliminary inspection shall only be sufficient to enable the building inspector to determine whether or not the building appears to be -.- structurally sound and capable of being made to comply with the requirements of the ordinances to which the building will be subject if moved to the contemplated location. The building inspector shall advise the applicant of his opinion of the condition of the building and in general of the basic alterations and repairs which would be required before a permit. would issue. SECTION 4: Moving Building into or within City---Application. Each application Por a permit to move a building into or within the City shall be on a form provided by the Building Department and shall include such information as may be required by the Building Department but shall include the £olloFring: 26,E (a) The present street number of the building, and the legal des- cription of the parcel of land to which it is proposed to move the building, together orith a plat drawn to scale showing the area and dimensions of such parcel of land and the proposed location of the building thereon. (b) Photographs of all exterior elevations of the building and an accurate description of the type of construction and-the condition of the building, plumbing and wiring system. (c) Detailed plans and specifications showing the proposed changes, repairs and improvements proposed to be made, with an accurate cost estimate. (d) Detailed statements of the exceptions to the provisions of the Building Code, Plumbing Code and Electrical Code which may be requested by the applicant. (e) A certificate of inspection by a licensed termite control operator. (f) The names and addresses of the owners of all lots or parcels of land, all .portions thereof, lying within a distance of 500 feet from the approximate center of the building at the proposed location, as such names and addresses appear. upon the last available. assessment .roll or are otherewise known to the.. applicant. SECTION 5: Inspections; Grounds Denying Application; Changes to Requirements. The Building Inspector shall upon the filing o£ the applications forthwith proceed to inspect the building and the. proposed location thereof. The applicatiorr~sha31 be summarily denied unless the requirements be met, if it appears therefrom; (a) .The building in its proposed location will be an unsafe building,. as the term is used in the Building Code; or (b) That the value of the property in the neighborhood or the proposed location of the building will be depreciated thereby, or that an existing condition of substandard dwe]lings in a neighborhood ~•ri11 be materially aggravated thereby, or that the public health og welfare will be otherwise endangered thereby.. SECTION 6: Notice and Rearing on Applications. If the application is not summarily denied the building inspector shall forthwith notify the property oumers trhose names and addresses accompany the application of the filing thereof and that they may object thereto by filing smitten objections with the building inspector during the period of ten (10) days follo~ring the date of such notice and of the right of appeal. Upon the expiration of the time allowed for filing objections, the building inspector shall forthwith consider all objections filed and shall grant or deny the application. If the application be granted, no permit may be issued during the period of five (5) days thereafter. SECTION 7: Right of Appeal; Fee. Any person who deems himself aggrieved by any act or determination of the building inspector may appeal to the City Council during the five-day period following the granting of the application as provided in the preceding Section by filing a written notice of appeal with the building inspector and paying a fee of $5.00. SECTION 8: Procedure on Appeal. The City Clerk shall, upon the receipt of the notice of appeal, forthwith set the matter. for hearing before the City Council at aregular or adjourned meeting to be held not less that fifteen (15) days nor more than .thirty-five (35) days after the date of filing the notice of appeal. The City Clerk shall mail rorsitten notices of the time and place of hearing to the applicant and t4 the property o~•mers who have filed written objections, as their names and addresses appear of record; such notices are to be so deposited at least ten (10) days prior. to the date of the hearing. At the time and place of hearing the City Council shall consider the application and the objections thereto and shallhear such evidence as may be 26'~~ offered. The City Council shall thereupon, grant or deny the application or impose conditions upon the granting of the application, as it may deem proper. SECTION g; Procedure After Application Granted. After the granting of an application and prior to the issuance of any permit the applicant shall execute and file with the building inspector his written agreement to complete the .work shown by the plans and specifications, or otherwise required, within the reasonable time allowed by the building inspector, together with a faithful performance bond payable to the City in the amount of 125 of the estimated cost of the work as such estimated cost is approved by the building inspector. The applicant shall also arrange ~; with the police department for traffic control and with the street department and the owners of utility installations for the protection of the streets, trees and utilities. Certificates that such .arrangements have been made shall be filed by the applicant with the building inspector, together with a good and sufficient bond payable to the City in such amount as may be set by the building inspector to secure payment of any damage_to any street, tree, utility or installation caused by such moving The applicant shall also secure from the building department the building permit required by the Building Code. The building department shall issue the permit authorized on granting the application, upon compliance with the provisions of this ordinance. SECTION 10: Certificate of Occupancy. It shall be unlawful to occupy any building which has been moved into or within. the City, and orhich does not fully conform to the requirements of the Building Code, until a certificate of occupancy has been issued by the building department. Any such building which has been so moved and has not been altered, repaired or changed within the time and according to the provisions of the contract required as a condition to the granting of the building moving permit is a public nuisance and may be abated as such. This remedy is cummulative with the right of the City to file a criminal proceeding and/or to declare a forfeiture of the bonds as hereinabove required. SECTION 11: Penalty Arty person violating any provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Three Hundred Dollars ($300.00) or by imprison- ment for a term.not to exceed three months,; or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is commited, continued or permitted by such person. The remedies provided for herein shall be accumulative and not exclusive. SECTION 12: The City Clerk of the City of Elsinore, California, is hereby ordered to certify the passage of the ordinance and cause the same to be published in the manner ;:provded:by:'.iaw. ADOPTED by the Mayor and City Council and signed by the Mayor and attested to by the City Clerk this 26th day of August, 1968 s/ Norman L. Chaffin Mayor of the City of Elsinore ATTEST: s1 Florene Marshall City Clerk of the City of Elsinore I Florene Marshall, the City Clerk of the City of Elsinore, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 26th day ' of August, 1968, and was duly adopted on the said date and at the same meeting by the following vote, to wit; AYES: Councilmen Bittle, Carter, Cartier, Chaffin, Perkins. 26 NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Elsinore, California,. this 26th day of August, 1968. FLORENE MARSHALL City Clerk of the City of Elsinore, ORDINANCE N0. 463 AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA, MAKING IT UNLAWFUL FOR ANY PERSON TO DUMP. OR PLACE ANY GARBAGE, CANS, BOTTLES OR OTHER WASTE MATERIAL ON ANY PRIVATE OR PUBLIC PROPERTY; AND MAKING IT UNLAWFUL FOR ANY OWNER TO ALLOW SAID MATERIAL TO REMAIN UPON ANY PRIVATE PROPERTY; PROVIDING FOR PENALTIES. THE CITY COUNCIL OF THE CITY OF ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: No person shall dump or place upon any private or public property within the City any garbage, cans, bottles or other waste material or similar substances. SECTION 2: It shall be uxil.awful for any o~mer of_:private property to allow any garbage, cans, bottles, or other waster material or similar substances upon his property. SECTION 3; Any person violating any provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Three Hundred Dollars (300.00) or by imprisonment for a term not to exceed three months, or by both such fine and imprisonment. Such .person shall be deemed guilty of a separate offense for each and every day during any portion of which :any violation of this ordinance is committed, continued or permitted by such .person. The remedies provided for herein shall be accumulative and not exclusive. SECTION 4; The City Clerk of the City of Elsinore, California, is hereby ordered to certify the passage of the ordinance and cause the same to be published in the manner .provided by law. ADOPPED by the Mayor and City Clerk and signed by the Mayor and attested to by the City Clerk this 26th day of August, .1968. s/ Norman L. Chaffin Mayor of the City of Elsinore ATTEST^: s/ Florene Marshall City Clerk of the City of Elsinore I, FiLORENE MARSHALL, the City Clerk of the City of Elsiinore, California, hereby certify that the foregoing 9rdinance was duly and regularly introduced at a meeting of the City Council on the 26th day _ of August, 1868, and was duly adopted on the said date and at the same meeting by the folloFring voto, to wit: ~~ l~ AYES: Councilmen Cartier, Bittle, Carter, Perkins, Mayor Chaffin NOES: None ABSENP: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Elsinore, California, this 26th day of August, 1968. s/ Florene Marshall City Clerk of the City of Elsinore