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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

SANTA CLARA COUNTY CODE OF ORDINANCES: Division C10 MOVING BUILDINGS*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division C10
MOVING BUILDINGS*

Cross reference(s)--Building regulations generally, Div. C3.

State law reference(s)--Warning lights on house towing trucks, Vehicle Code § 25263.

Sec. C10-1. Permit required.

No person shall move or cause to be moved any building or structure, as defined in this title or any code adopted thereby, across any public street or highway, or from one location to another in the County without first obtaining a permit in writing.

(Code 1954, § 11.3.1; Ord. No. NS-1102.3, § 1, 5-11-64)

Sec. C10-2. Application for permit required.

Application for a permit required by this division shall be filed in duplicate with the Building Inspector, hereinafter referred to as "Director."

(Code 1954, § 11.3.1-2; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.3, § 1, 5-11-64; Ord. No. NS-3.19, § 10, 5-4-76)

Sec. C10-3. Contents of application.

The application for a permit hereunder shall specify the size and character of the building to be moved, the proposed improvement to be made, if any, the place from which and the place to which said building is to be moved, the method of such moving and the proposed route to be followed. The application shall also include photographs showing the front, sides and rear of the building to be moved and plans showing both the proposed site development and appropriate elevations of the building to be moved.

(Code 1954, § 11.31-3; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.3, § 2, 5-11-64; Ord. No. NS-1102.4, § 1, 1-17-66)

Sec. C10-4. Application fee.

At the time of filing an application for a permit hereunder, the applicant shall pay to the Director an application fee in the amount as set forth by resolution of the Board of Supervisors.

(Code 1954 § 11.3.1-4.1; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1100.72, § 15, 8-18-87)

Sec. C10-5. Moving permit fee and inspection cost deposit.

If a house moving permit is issued as hereunder provided by the Director, the applicant shall pay an additional house moving permit fee of $50.00. This fee shall be collected by the Road Commissioner.

In addition to the house moving permit fee, the Director shall collect a deposit of $300.00, which will be applied to inspection costs. If the costs exceed $300.00, the applicant will be billed for the balance; if the inspection costs are below $300.00 the applicant will receive a refund of the unused portion of the $300.00. This deposit shall be collected by the Road Commissioner.

The Road Commissioner is hereby authorized to suspend issuance of building moving route permits to a mover when the mover has deviated from the approved route without authorization or verifiable cause in accordance with the following schedule:

(a) First route and/or time adherence violation: 30-day suspension.

(b) Second route and/or time adherence violation in six months: 60-day suspension.

(c) Third route and/or time adherence violation in six months: 90-day suspension.

(d) Fourth route and/or time adherence violation in six months: Six-month suspension.

(Code 1954, § 11.3.1-4.2; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.6, § 1, 12-14-76; Ord. No. NS-1102.7, § 1, 6-20-77; Ord. No. NS-1102.8, § 1, 5-15-78; Ord. No. NS-1100.72, § 16, 8-18-87)

Sec. C10-6. Reserved.

Editor's note--Section 17 of Ord. No. NS-1100.72, adopted Aug. 18, 1987, repealed § C10-6, establishing a fee for moving additional buildings, derived from Code 1954, § 11.3.1-4.3; Ord. No. NS-300.36, § 9, adopted Dec. 1, 1958; and Ord. No. NS-1102.2, § 1, adopted May 31, 1960.

Sec. C10-7. Exemption from fees.

The moving permit fee and inspection cost deposit shall not be required in the following instances:

(a) If the building is to be moved from one location to another and no County road is to be used.

(b) If the building to be moved contains no more than 100 square feet of floor space.

(Code 1954, § 11.3.1-5; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1100.72, § 18, 8-18-87)

Sec. C10-8. Refunds of fees.

No fees required by this division shall be refunded if the moving of a building authorized by the permit is not made.

(Code 1954, § 11.3.1-16.3; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-9. Inspection by Director; conditions authorized.

Within three working days after receipt of application, the Director shall inspect the building to be moved and the site to which the move is proposed. In addition, the Director may, in his discretion, inspect all rollers, trucks, wheels, dollies, tractors or other apparatus proposed to be used in the moving operation, and shall restrict the use of such apparatus to that which in his judgment will not cause injury to highways, bridges or other property or hazard to traffic. The Director may also require reasonable changes in the route proposed, even though the route required may be longer than the one proposed, and may specify the hours within which any moving must be accomplished.

(Code 1954, § 11.3.1-6; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-10. Notice of intention to issue house moving permit; posting and mailing.

(a) Posting. If the Director determines that the building proposed to be moved will not come within the scope of the conditions prohibited by Section C10-11, he shall cause a notice of intention to issue house moving permit to be posted within five working days from filing the application on stakes at the front and rear of the proposed location and on the front of the building proposed to be moved; such notice shall not be less than 11 inches by 14 inches in size and shall set forth the character of the building to be moved, the present and proposed location of the building, and the date of the posting.

(b) Mailing. The Director shall be responsible for mailing notices to all owners of property within 300 feet of the exterior boundaries of the property upon which the moved building will be placed. The notices shall be mailed not less than ten days prior to the date the building is to be moved. The applicant shall be responsible for providing correct names and addresses of property owners at their last known address using the addresses from the last adopted tax roll of the County. The written notice shall be entitled "Notice of Intent to Issue House Moving Permits." It shall contain the following information:

(1) Present location of building;

(2) Site building is to be moved to;

(3) Earliest date of proposed house move;

(4) Brief description of proposed alterations;

(5) Future use of relocated building, as stated by the applicant or the owner;

(6) Any other information deemed necessary or appropriate by the Director.

(Code 1954, § 11.3.1-8; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.5, § 1, 7-8-68)

Sec. C10-11. Denial of permit.

(a) The application for permit shall be denied when:

(1) Any unlawful, dangerous or defective condition of a building proposed to be moved is such that remedy or correction cannot effectively be made; or

(2) The relocation of the building to the proposed site would cause appreciable damage to or be materially detrimental to the property or improvements in the districts within the immediate vicinity of the proposed new location; or

(3) The structure is of a type prohibited at the proposed location by law or regulation of the County.

(b) The Director shall inform the applicant of the denial in writing within five working days of the filing of the application. The denial shall set forth the reasons therefor, and shall designate the applicable provisions of the law or regulations upon which said denial is predicted.

(Code 1954, § 11.3.1-7; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-12. Right of appeal; fee.

Any person who is dissatisfied with the decision of the Director may, on the payment of such fee as may be established by resolution of the Board of Supervisors, appeal therefrom to the Architectural and Site Approval Committee.

(Code 1954, § 11.3.1-9.1; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1100.31, § 1, 11-9-65; Ord. No. NS-1100.33, § 1, 11-7-66; Ord. No. NS-1100.81, § 11, 7-21-92)

Sec. C10-13. Form and filing of appeal.

No special form of appeal is required except that the appeal must contain the name and address of the applicant, state the reasons or grounds therefor, and be signed by the appellant.

Appeals shall be filed with the Clerk of the Board of Supervisors who shall arrange for a hearing at the meeting of the Board next following the completion of the required period of giving notice.

(Code 1954, § 11.3.1-9.2; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-14. Time limit, notice of appeal by applicant.

In the case of an appeal by the applicant for the permit, the appeal must be filed within five working days after the mailing of the notice of disapproval by the Director. Upon notice of appeal by the applicant, the Clerk of the Board of Supervisors shall advise the applicant and the Director of the time and place of the hearing and shall cause a notice to be posted on stakes at the front and rear of the proposed location and on the front of the building proposed to be moved. Such notice shall be not less than 11 inches by 14 inches in size and shall set forth the character of the building to be moved, the present and proposed location of the building, and the date and place of the hearing of the appeal before the Board of Supervisors. Such notice shall be posted at least ten days prior to the scheduled hearing.

(Code 1954, § 11.3.1-9.3; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-15. Time limit, notice of appeal by person other the applicant.

In the case of an appeal by any person other than the applicant, the appeal must be filed within ten working days of the date of posting by the Director of his notice of intention to issue the house moving permit.

The Clerk of the Board of Supervisors shall notify the Director, the appellant and the applicant of the time and place of hearing at least five days prior thereto.

(Code 1954, § 11.3.1-9.4; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-16. Reference of appeal to Committee for report.

(a) In the case of an appeal by any person, the application for a house moving permit shall be referred to a committee of three persons designated by the Director of the Department of Planning and Development. Said Committee shall inspect the building to be moved and the site to which the move is proposed, and shall submit a report recommending whether the application should be granted or denied based on whether the building at the proposed site would:

(1) Be materially detrimental to the public health, safety or public welfare; or

(2) Greatly inconvenience any reasonable number of persons; or

(3) Cause appreciable damage to the neighborhood; or

(4) Be materially detrimental to the neighborhood.

(b) Said report shall be submitted to the Board of Supervisors prior to hearing by said Board.

(Code 1954, § 11.3, 1-9.6; Ord. No. NS-300.36, § 1, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.3, §§ 3, 4, 5-11-64; Ord. No. NS-3.16, § 38, 10-8-74; Ord. No. NS-3.19, § 11, 5-4-76; Ord. No. NS-1100.72, § 19, 8-18-87)

Sec. C10-17. Hearing, action by Board of Supervisors; notice.

Appeals to the Board of Supervisors shall be heard at the next convenient meeting after the completion of any required period of giving notice. The Board shall announce its decision denying the permit, or directing its issuance subject to such conditions it deems appropriate within 20 days after the close of the hearing. The Clerk of the Board of Supervisors shall mail notice of the said decision to the appellant, the Director and any other persons making written request for same. Said notice shall be mailed within two working days after the decision is announced, as aforesaid.

(Code 1954, § 11.3.1-9.6; Ord. No. NS-1102.3, § 5, 5-11-64)

Sec. C10-18. Issuance of permit required.

In the event the decision of the Director to grant the permit is not appealed within the ten-day posting period specified above and the building proposed to be moved will not come within the scope of the conditions prohibited by Section C10-11, and the applicant has complied with all other applicable requirements of this division, the Director shall issue the permit.

In the event an appeal has been filed, the Director shall issue or deny said permit, pursuant to the terms of the final decision of the Board of Supervisors and the other applicable provisions of this division.

(Code 1954, § 11.3.1-10; Ord. No. NS-300.36, § 4, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-19. Conditions for issuance.

If a permit is granted, it shall be granted under terms which shall require the applicant or owner of any building to be moved to comply with the provisions of all applicable state laws, local ordinances and conditions specified by the Director, to make such changes or repairs as may be necessary to comply therewith. No building moved in accordance with the provisions of this division shall be used or occupied or have utility services connected thereto until said necessary changes or repairs have been completed.

Prior to the issuance of any permit, the Director shall also require the applicant to furnish proof that the requirements of any public utility, whose lines, wires, pipes or other structures which may be affected by said move, have been met.

The applicant, as a condition to the issuance of the permit, shall agree to notify the public utilities which may be involved of the tentative time of such moving, the route of such moving, and the estimated loaded height of the building and moving equipment. Applicant shall further agree to bear the costs of any measures required to protect said public utility structures from destruction or damage due to the moving of any building pursuant to this division.

(Code 1954, § 11.3.1-11; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-20. Cash deposit or surety bond authorized.

The Director may require the applicant to deposit cash or a surety bond with the County to insure compliance with applicable provisions of law and the conditions imposed on the subject permit. The amount of such bond is to be set at the discretion of the Director. At the time of filing the cash or bond with the County, applicant must also execute and file a statement in substantially the following language:

"I, , applicant, hereby promise to comply with all applicable provisions of law and the conditions imposed on house moving permit No. <#rule>. By way of guarantee that this work will be done, I herewith deposit with the County cash (or bond) in the amount of <$rule> dollars and agree that in the event these conditions are not fulfilled within days hereafter the County may in its discretion either cause said conditions to be fulfilled or demolish the building which was moved under authority of said house moving permit and charge the costs thereof to said cash or bond."

(Code 1954, § 11.3.1-12; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-21. Permit expiration.

Permission to move any building under the permit therefor shall expire 60 days after issuance, except that the Director may extend the expiration time an additional 60 days.

(Code 1954, § 11.3.1-16.1; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-1-60)

Sec. C10-22. Transfer of permits.

Permits issued under this division shall not be transferred by the holder thereof to any other person. All movements of buildings authorized by the permit shall be made under the control and supervision of the grantee of the permit.

(Code 1954, § 11.3.1-16.2; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-23. Building permit required.

When the building to be moved is to be located in the unincorporated area of the County, the permit requirements of this title shall be complied with prior to the issuance of a permit under this division.

(Code 1954, § 11.3.1-10.1; Ord. No. NS-1102.4, § 2, 1-17-66)

Sec. C10-24. Liability insurance required.

No permit shall be issued under the provisions of this division unless the permittee shall have first taken out and agreed to maintain at all times public liability insurance in an amount not less than $100,000.00 for injuries, including wrongful death, to any one person, and subject to the limit for each person, in an amount not less than $200,000.00 on account of one accident, and unless also he shall take out and agree to maintain at all times property damage insurance in an amount not less than $50,000.00. Such insurance shall name the County as an insured, and a certificate of insurance shall be filed with the Director.

(Code 1954, § 11.3.1-14; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-25. Notice to Communications Department.

Any person moving a building on any County road shall notify the County Communications Department immediately before and after the movement.

(Code 1954, § 11.3.1-15.2; Ord. No. NS-300.36, § 9, 12-1-58)

Sec. C10-26. Sealing sewer, septic tank.

All house moving permits shall contain the condition that applicant:

(a) Has sealed or will seal the sewer line at the site from which the building is being moved in the manner prescribed by the political subdivision having jurisdiction thereof, or

(b) Has pumped and sealed or will pump and seal the septic tank system in accordance with County health requirements, or

(c) Obtain written consent of the political subdivision having jurisdiction of the site from which the building is being moved to make some other specific arrangements relative to the sewer or septic tank.

(Code 1954, § 11.3.1-13; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-27. Red lights required.

Red lights shall be maintained by the mover at each corner of the building from one-half hour after sunset until one-half hour before sunrise on such dates as the building is on any public right-of-way or within 15 feet of any surfaced roadway.

(Code 1954, § 11.3.1-15.1; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-28. Moving prohibited during rush hours and on holidays.

Unless otherwise designated by the Director on the moving permit, movement of buildings on any County road shall be prohibited during the times hereinafter set forth:

(a) Between the hours of 7:00 and 9:00 a.m. and 4:00 to 7:00 p.m.

(b) On the following holidays:

(2) The third Monday in February known as "Washington's Birthday;"

(3) The last Monday in May;

(5) First Monday in September;

(6) Thanksgiving Day;

(7) December 25.

(Code 1954, § 11.3.1-15.3; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60; Ord. No. NS-1102.8, § 2, 5-15-78)

Sec. C10-29. Moving additional buildings under permit.

Additional buildings or portions of buildings may be moved on a single permit when all are moved from one location or parcel of land to another using the same route.

(Code 1954, § 11.3.1-16.4; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

Sec. C10-30. Violations declared public nuisances; abatement.

Any building moved contrary to any of the provisions of this division is hereby declared to be a public nuisance, and the duly constituted authority of the County shall, upon order of the Board of Supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. The remedies provided for herein shall be cumulative and not exclusive.

(Code 1954, § 11.3.1-17; Ord. No. NS-300.36, § 9, 12-1-58; Ord. No. NS-1102.2, § 1, 5-31-60)

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