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HomeMy WebLinkAboutORD 428 (1969) ORDINANCE NO. 428 AN ORDINANCE OF THE CITY OF TUSTIN, AMENDING THE TUSTIN CITY CODE RELATIVE TO BUILDING RELOOATIONS 4 The City of Tustin does hereby ordain as follows: 5 Chapter 6 of the Tustin City Code is hereby amended by 6 the addition thereto of Article VI, reading as follox~s: ~ ARTICLE VI 8 RELOCATION OF BUILDINGS 9 Section 6-8. Buildings or str~ctRres moved into or within the City shall comply with the provisions of this Code° Section 6-9° No building or structure shall be mSVed or relocated unless 11 and until a permit to relocate the building or structure has been issued by the Building Official to the owner Of the premises to which the p~rticular lb building or structure is proposed to be moved.. Such permit shall be designated as a "reloeation permit°" 13 Section 6-10o Relocation Permit -- Issuance - Enforcement. 14 Application - Conditions. 15 a. Every application to the Building Official for a relocation permit shall be in writing upon a form furnished by the Building 16 Department and 'shall set forth such information as that department may reasonably require in order to carry out the purpose of this Section° 17 bo No permit shall be issued to relocate any building or 18 structure which is so constructed or in such condition that it does not conform to, or which cannot be repaired or reconstructed to conform to, 19 the requirements of the City Building Codes° 20 c° If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or ~1 correction cannot practicably and effectively be made in the judgment of the Building Official, the permit shall be denied° do The Building Official shall in issuing any relocation permit impose therein such terms and conditions as may be necessary to assure compliance with the requirements of all City Ordinances and of the Uniform Building Code° The terms and conditions upon which each permit is granted shall be specified in writing in the permit or appended in writing thereto. Section 6-11. Relocation Permit Bond - ConditionS. Every bond posted pursuant to this-Section shall be conditioned as follows: 28 ao That each and all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building 29 Official. 50 b. That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit, or if no time 1 limit is specified, within ninety (90) days after issuance of permit° The time limit herein specified or the time limit specified in any permit may ~ be extended for good and sufficient cause by the Building Official° No ~" such extension of time shall be valid unless in writing and no such extension ~ shall release any surety from any bond. 4 Section 6-127 Default in Performance of Conditions° Notice to be Given° ao Whenever the Building Official shall find that a default ~ has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety on ? the bond. 8 ,bo Such notice shall specify the work to be done, the estimated cost thereof, and the period of time deemed by the Building 9 Official to be reasonably neces~ar~ for the completion, of such work° i0 co After receipt-of such notice, the surety must, within the time therein specified, either cause the required work to be performed, or ],1 f~iling therein, must pay over to the Building Official the estimated cost of doing the work as set forth in the notice, plus an additional sum e~ual to ],5 twenty-Sive percent (25%) of said estimated c6sto Upon receipt of such monies, 13 the Building Official shall proceed'by such mode as he deems convenient to cause the required work to be performed and complete, d, but no liability shall be incurred therein, other than for the expenditure of the said sum in hand 14 therefor.  !5 Section 6-13o Cash Bond - Manner of Enforcement. -- i6 If a cash bond has been posted, notice of default as provided above shall be given to the principal, and if the compliance is not obtained within the 17 time specified, the Building Official shall proceed without delay and without 18 further notice of proceedings whatever, to use the cash deposit or any portion of such deposit to cause the required work to be done, by contract 2-9 or .otherwise,' in his discretion. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor or to ~0 his successors or assigns, after deducting the-cost of the work plus twenty-five percent (25%) thereof. Section 6-14o Option to Demolish Building or Structure. When any default has occurred on the part of the principal under the preceding provisions, the surety shall have the option, in lieu of completing the work required, of demolishing the building or structure and clearing, cleaning and restoring the site. If the surety defaults, the Building Official shall have the same option. ~5 ~ection 6-15. Period and Termination of Bond. The term of each bond posted pursuant to this Section shall begin upon the ~_~ ~7 date of the posting thereof, and ~hall end upon completion, to the satis- faction of the Building Official, of the performance of all the terms ! ~8 and conditions of the relocation permit° Such completion shall be evidenced -- by a statement thereof signed by the Building Official, a copy of which shall ~9 be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or 50 assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this Section provided° 5! Section 6,-16. Relocation Permits - Fees ao Before any application for a relocation permit is accepted for filing, a fee of Thirty-five Dollars ($35.00) shall be paid by the applicant, to cover the cost to the City of Tustin of the investigation of the condition of the building to be moved, and the inspection of the proposed new location. The investigation fee herein provided for shall be in addition to the building permit fee required by this Code, and shall be in addition to any other fee or charge required by law or ordinance° Where a main building and buildings accessory thereto are to be moved from the same location to the same new location, the fee shall be Thirty-five Dollars ($35°00) for the main building, and Fifteen Dollars ($15.00) for each accessory building. bo If'the relocation permit is not issued within ninety (90) days after notice to the applicant by the Bdilding Official, a new investigation fee shall be paid before the relocation permit may be issued° PASSED AND ADOPTED at a regular meeting of the City Council, held on the 17th day of February', 1969 MAYOR ATTEST: ................ STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the men~Ders of the City Cournci! Of the City of Tustin is five; that the above and foregoing Ordinance No. 428 was duly and regularly introduced and read at a regular meeting of th"jC'~y Council held on the 3rd day of February , 1969, and was given its second reading and duly passed and adopted at a regular meeting held on the 17th _ day of February 1969, by the following vote: AYES~ COUNCID~N Coc~ 'Mack, Klingelhofer, Miller, Marsters NOES: COUNCII~ZN None ABSENT: COFNCII~[EN None