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ORDINANCE 597ORDINANCE NO. 597 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "EL SEGUNDO CITY CODE, 1958" BY AMENDING SECTIONS 27. 26 THROUGH 27. 38, RELATING TO MOVING BUILD- INGS; AND REPEALING ORDINANCE NO. 448 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 27. 26 through 27. 38 of "El Se- gundo City Code, 1958," shall be, and the same are hereby, amended so as to read as follows: "Sec. 27.26. RELOCATION BUILDING PERMIT REQUIRED. A person shall not move onto any premises any building or structure, except a contractor's tool house, construction building or similar structure which is moved as construction requires, until he first posts a surety bond and secures a relocation building permit as hereinafter provided, and it shall be unlawful for any person, after accepting any permit issued under the provisions of this article, to fail, refuse or neglect to comply with each and every one of the terms and conditions under or pursuant or subject to which such permit may have been issued. "Sec. 27.27. WAIVER OF BOND OR PERMIT. The Building Official may waive the requirement of a bond or deposit when the owner of the property is a governmental agency. "Sec. 27. 28. APPLICATION. Every application to the Build- ing Official for a relocation building permit shall be in writing upon a form furnished by the Building Official and shall set forth such infor- mation as may reasonably be required in order to carry out the pur- pose of this chapter. "Sec. 27.29. INVESTIGATION REQUIRED. In order to de- termine any of the matters presented by the application, the Build- ing Official may require plans, photographs or other substantiating data, and may cause to be made any investigation which he believes necessary or helpful. He may refer the matter for further investi- gation to the Board of Appeals. After the investigation is completed if the applicant fails to post the required bond and secure the reloca- tion building permit with sixty (60) days, the application is null and void. "Sec. 27. 30, PERMIT FEES. Relocation building permit fees for repairs or alterations to relocated building shall be required in accordance with Section 303, of the Uniform Building Code. "Sec. 27.31. ISSUANCE OF PERMIT. If the condition of the building or structure in the judgment of the Building Official admits of practicable and effective repair, he may issue a relocation build- ing permit to the owner of the property where the building r struc- ture is to be located upon conditions as hereinafter provided, other- wise the permit shall be denied. "Sec. 27. 32. PROHIBITED BUILDINGS. Except as other- wise provided in this chapter, the Building Official shall not issue a relocation building permit for any building or structure which: -1- (d) State therein the legal description or address of the property upon which the building or structure is to be relocated. "Sec. 27. 37. BOND CONDITIONS. The surety bond shall provide that: (a) All work required to be done pursuant to the conditions of the relocation building permit shall be performed and completed within one hundred twenty (120) days from the date of issu- ance of the permit. (b) The time limit specified may be extended for good and suffi- cient cause after written request of the Principal or Surety, either before or after said time limit has expired. The Build- ing Official shall notify the Principal and Surety in writing of such time extension and may extend the time limit without consent of the Surety. (c) The term of each bond posted pursuant to this Section shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the Building Official of the performance of all the terms and conditions of the reloca- tion building permit. (d) The Building Official, the Surety or duly authorized represen- tative of either shall have access to the premises described in the relocation building permit for the purpose of inspecting the progress of the work. (e) Upon default by the Principal, the Surety shall be required to perform all conditions set forth in the relocation permit and give the Surety right of entry to the premises to perform such conditions. (f) In the event of any default in the performance of any term or condition of the relocation building permit, the Surety or any person employed or engaged on its behalf, or the Building Official, or any person employed or engaged on his behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure, and clear, clean and restore the site. (g) The relocation building permit shall be null and void if the building or structure is not relocated to the proposed site with- in sixty (60) days after issuance of the permit. "Sec. 27. 38. NOTICE OF DEFAULT. Whenever the Princi- pal on the bond defaults in the performance of the conditions re- quired by the relocation building permit, the Building Official shall give notice in writing to the Principal and the Surety on the bond. "Sec. 27. 38. 1 DETAILS OF NOTICE. The Building Offi- cial in the notice of default shall state the conditions of the bond which have not been complied with and the period of time deemed by him to be reasonably necessary for the completion of such work. "Sec. 27. 38. 2 SURETY REQUIREMENTS. After receipt of a notice of default, the Surety, within the time therein specified, shall cause the required work to be performed. "Sec. 27. 38. 3 OPTION OF DEMOLITION. When any default has occurred on the part of the Principal under the provisions of this chapter, the Surety, at its option, in lieu of completing the -3- work required, may remove or demolish the building or structure and clear, clean and restore the site. "Sec. 27. 38. 4 DEFAULT OF CASH BOND. If a cash bond has been posted the Building Official shall give notice of default, as provided above, to the Principal, and if compliance is not had within the time specified, the Building Official shall proceed with- out delay and without further notice or proceeding whatever, to use the cash deposit or any portion of said deposit to cause the required work to be done by contract or otherwise in his discre- tion. The balance, if any, of such cash deposit, upon the com- pletion of the work, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus ten per cent (10 %) thereof. "Sec. 27. 38. 5 RETURN OF CASH BOND. When a cash bond has been posted, and all requirements of relocation build- ing permit have been completed, the Building Official shall re- turn the cash to the depositor or to his successors or assigns, except any portion thereof that may have been used or deducted as provided elsewhere in this chapter. "Sec. 27. 38. 6 RIGHT OF ENTRY; PENALTIES. The owner, his representative, successor or assign, or any other person who interferes with or obstructs the ingress or egress to or from any such premises, of any authorized representative or agent of any Surety or of the City of El Segundo engaged in the work of completing, demolishing or removing any building or structure for which a relocation building permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor. "Sec. 27. 38.7 INSPECTION DURING ACTUAL MOVING; COMPENSATION OF INSPECTOR: COMPLIANCE WITH ORDER OF INSPECTOR. In those cases where the street superintendent as to work falling under his jurisdiction deems such inspection necessary, he may require a city inspector to be present at or during all, or part, of the actual moving, or moving operations, or work of repair of public streets. The compensation of such inspector must be paid by the house moving company. In cases where such necessary inspections are made during the normal working hours of the city inspector, no charge will be made, but in cases where such inspections are deemed by the street superin- tendent to be necessary at times other than the city inspector's normal working hours, a charge will be made based on the inspec- tor's overtime rate of pay, for each hour or portion thereof. Such inspection charges, when applicable, shall be deducted from the minimum $200 deposit required to be made by the house moving company in Sec. 27. 38. 8 of this Code. "The inspector shall be designated by the street superin- tendent as to work falling under his jurisdiction, and when so designated and acting, it shall be unlawful for the permittee, or any representative of the house moving company, or any person actually conducting or prosecuting, or engaged in the moving, or moving operations, to fail, refuse or neglect to comply with the reasonable orders or directions of such inspector, or to fail, re- fuse or neglect to stop or suspend moving operations or any such work if ordered by any such inspector or the street superintendent, so to do. "The permittee shall be required, prior to the start of any work at the site where any building is to be relocated in the City -4- of El Segundo, to obtain from the office of the City Engineer of the City of El Segundo, a permit for crossing of curb and side- walk, or a permit for construction of a driveway, and no equip- ment of any nature shall be allowed to cross over curb or side- walk unless such permit has been obtained and is in force, and permittee shall be required to provide any protection for such curb or sidewalk as may be specified by the terms of the permit. If access to the site is already available by reason of an existing driveway, no curb crossing or driveway permit shall be required, but permittee shall be held responsible for any damage to such existing driveway occurring as a result of the passage of equip- ment over such driveway and will make, or have made, repairs satisfactory to the street superintendent immediately upon writ- ten notice from the street superintendent so to do, and %intil such repairs are made permittee shall be responsible for adequ- ate barricades and lights as may, in the opinion of the street superintendent, be necessary for public safety. "SEC. 27. 38.8 APPLICATION FOR MOVING BUILDING INTO CITY. Each application for a permit to move a house, building or structure from outside the city into the city must show or be accompanied by: (a) The address, showing street and number where same exists, of the house, building or structure proposed to be moved. (b) A cash deposit in an amount to be fixed and determined by the street superintendent to guarantee or insure the full and prompt repair of any damage to any public street, boulevard, avenue, alley, or public place or property caused by or re- sulting from the moving, moving operations or work and all city inspection costs and charges incident to such moving, moving operations or work, but in any event not less than two hundred dollars ($200) shall be made by the house mov- ing company, and such designated amount shall be deposited with the City Treasurer. If the moving is completed without such damage, the deposit, less any city inspection costs in- curred, shall be returned to the depositor. In the event of damage, however, the street superintendent shall cause such damage to be repaired, and the cost of such repairs, in- cluding city inspection costs, shall be deducted from the de- posit and the balance, if any, shall be returned to the deposi- tor. In the event of damage so extensive that the amount of the deposit does not cover the costs of repair and inspections, the house moving company will be billed for the difference. (c) In the event a particular house moving company contemplates the moving of more than three buildings into the city within a period of six months, such company may deposit a surety bond with the City Clerk in lieu of individual cash deposits, and the amount of such surety bond shall be set by the city street superintendent. (d) An additional cash deposit in the amount of twenty -five dollars ($25) to cover costs of police escort shall be made by the house moving company. The route over which it is proposed to move such structure, shall be submitted to the traffic authority of the city prior to issuance of the house moving per- mit, and the police department shall be notified at least thirty (30) minutes prior to the actual entrance of such building into the city. Whenever the traffic authority of the city shall deem a police escort necessary, a charge shall be made and paid out of such cash deposit in the sum of two dollars ($2) per hour for each hour or fraction thereof for each police vehicle and for -5- each police officer used or employed in such service, provided, that not less than a mimimum of one hour for each such police vehicle and each such police officer shall be charged for each single operation. The balance remaining in such deposit after such deduction of charges shall be returned to the depositor. (e) The house moving company shall be required to place "No Park- ing" signs along the route proposed to be used in the moving operation in sufficient numbers to insure that residents will be aware of the impending move and the hours thereof. Such signs must be placed not less than twelve (12) hours in advance of the move so that residents will have sufficient time to move parked vehicles. (f) The house moving company will be required to notify any and all public utility companies whose installations may be in any way affected or damaged by the proposed move. SECTION 2. That Ordinance No. 448, be, and the same is hereby, repealed. SECTION 3. That this ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adop- tion thereof. SECTION 4. That the City Clerk shall certify to the pass- age and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, pub- lished and circulated within said City of El Segundo and which is hereby designated for that purpose. Passed, approved and adopted this 11th day of February, 1963. ATTEST: City Clerk (SEAL) Mayor of the City of El Segundo, California. STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) CITY OF EL SEGUNDO, I a EUNICE U.o CREASON City Clerk of the City of El Segundo, , o � 0000ao , California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. .. 597 .... , is a full, true and correct original of Ordinance No. . 04 7 0 0 0 0 0 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "EL SEGUNDO CITY CODE, 1958" BY AMENDING SECTIONS 27.26 THROUGH 27. 38, RELATING TO MOVING BUILD- INGS; AND REPEALING ORDINANCE NO. 448 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH "; which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the, o . l!th... day of...... Y4�1 , Rgry. and that the same was so passed and adopted by the following vote: AYES: Councilmen, 0 0r�51�'�C..Pots SvK���.o ��Slyo� o o a o 0 0 Mayor Baker; aooa000............a o 000000 0 000 0000 o ...... 0000 NOES: Councilmen... NQav; � ............ o .... o ..................... 0 0 0 ABSENT: C�uracix��lTono. 0000ao 00 000000 00000000 000000000000 I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. .590.. . was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within the said City and that the same was so pub- lished therein on the following date, to wit.-,. 000a000,0000000 a 000 000 0000o...00 (SEAL) 4(,J,9--A City Clerk of the City of El Segundo, Cal iforniao Byao.aa00000000 00000000000aa000e.000.. Deputy Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF EL SEGUNDO ) eTtldlt, l T03 .......................... .............................. . ....... being first duly sworn, deposes and says: That he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the ............ nrincibal clerk ........ ............................................ . ............................... YkT%XrCof EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, s newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, -trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denomin- ations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered ........................................ ................... ...----.......................................................... .._............. .......:........ ......--.... ..........._................... hereof in all respects, including subject matter, and size and arrangement of type, is a full true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was tset and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the ............. Orf lna nce No. 597 . ..............._......... .------ ..................... - -- ........:....... ......._....................... .............. of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ........... ......... week ......... by ... ............................... consecutive publication ......... commencing on the 2.ZS t....... day of ... --- .Feb. ........... A. D19.6v..., and ending on the 1St ................... day of Fcb • A. D. 19....6:x., and as often during said time as said newspaper was regu- larlyissued, to- wit: . ... ..... ............................... ................_._.... ............................... - ......._......... ............................... - ....._Feb. 211 1 9 63 ............ ................ . -- . ....... ....... . . . . .. ................ .. ... .... . . . .. .. ..................................................... .. . Subscribed Wd sworn to pefore me this ........ / ............... day of ........ /C•,�� % ................... A. D. 19..4E .......................... v/.......... ✓...V...� City clerk of the City of El Segundo, County Of Los Angeles, State of California. By... ....................... .................................... ...............- ---............ Deputy City Clerk od said City. wig -,6