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ORDINANCE 671ORDINANCE NO. 671 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "THE CODE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 1958, " BY REPEALING ARTICLE III OF CHAPTER 27, AND BY ADDING ARTICLE IV TO CHAPTER 7, RELA- TING TO MOVING BUILDINGS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Article III of Chapter 27 of "The Code of the City of E1 Segundo, California, 1958," consisting of Sections 27. 26 through 27. 38. 8, is hereby repealed. SECTION 2. That an Article IV, consisting of Sections 7. 75 through 7. 80, shall be added to Chapter 7 of said Code, and it shall read as follows: "ARTICLE IV - MOVING BUILDINGS. " "Sec. 7. 75. Permit required -- Conditions for issuance and denial. It shall be unlawful for any person to move a building, structure or garage over, upon or along any street to a location within the corporate limits of the City of El Segundo, or to per- form any part of such moving work, unless the building or the garage has first been examined and posted in the manner in this Article hereinafter required, and a permit in writing so to do for each and every separate moving operation has been applied for and obtained from the building inspector. Nothing herein shall be deemed applicable to the moving of a structure from one location on a lot to another location on the same lot. "Before a house moving permit is issued, the persons pro- posing to do such work shall pay to the City of E1 Segundo fees as hereinafter required and shall complete an application form furnished by the building inspector and shall set forth such infor- mation thereon as the building inspector may reasonably require, in order to carry out the purposes of this Article. Said building inspector shall then cause to be made an examination of the build- ing or structure proposed to be moved, and the location to which it is proposed to move the same, if such location is within the City of El Segundo. Na) Attached to said building permit shall be a sketch of said building as it will look when finally placed upon the location to which it is proposed to be moved, showing the type of plumbing to be installed; the remodeling, if any to be done on the inside, and if the roof requires replacing, the type and kind of roofing material that will be used; and in addition to the foundation, the permit shall state the type and kind of driveway to be installed to the garage, if any; the type and kind of steps or porch to be built both in front and back, electric wiring, and such other requirements as the building inspector may require in order to bring said building up to the minimum community standards, L 0 1 121's both in structure and appearance. Provided, further, that if there is a garage in connection with the house, that the said permit shall also specify the same general requirements as set forth for the house. Said improvements outlined above shall be completed within ninety days after the date of issu- ance of the house moving permit. "The applicant for a moving permit shall at the time of making said application, file with the building inspector a full and complete certified copy(s) of the building permit(s) previ- ously issued for said building. "(b) No permit shall be issued to move and relocate any building or structure within the City of El Segundo which is so constructed or in such condition as to be dangerous; or which is infested with pests or is unsanitary; or which, if it be a dwell- ing or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsightly or is in such a condition of deterioration or disrepair that its location at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements on both sides of the street within three hundred feet of the proposed location; or if the proposed use is prohibited by the zoning laws of this city; or if the structure is of a type otherwise prohibited at the pro- posed location by any other law or ordinance; or if the pro- posed moving or relocation would violate any other law or code or violate or disturb the public safety, welfare or peace. Provided, however, that if the condition of the building or struc- ture, in the reasonable judgment of the building inspector, admits of practical and effective repair and its proposed moving or reloca- tion does not violate any law or ordinance, said inspector may issue a permit for such moving and relocation upon condition as hereinafter provided and complying with the other provisions of this Article. The building inspector shall, in granting any per- mit, impose thereon such terms and conditions as he may deem reasonable and proper, including, but not limited to, the require- ments of changes, alterations, additions, or repairs to be made to or upon the building or structure, set forth in (a), to the end that the moving or relocation thereof will not be materially detri- mental or injurious to public safety or to public welfare or to the property and improvements, or either, in the area, as herein - above limited, to which it is to be moved. The terms and condi- tions upon which any permit may be granted shall be written upon the permit or attached in writing thereto. "Sec. 7. 76. Application for permit. Any person desiring such a permit shat m e a-written application therefor to the build- ing inspector. The aforesaid application shall include the informa- tion that must be stated in the permit as more fully set forth in Sec- tion 7. 75. "Sec. 7. 77. Examination of buildi -- Posting notice. Upon receiving an application for a permit to move a building, the build- ing inspector shall make an examination of the building described in the application and shall examine the proposed location. If it shall be found that no ordinance or law will be violated and that the public welfare, safety or peace will not be endangered, he shall cause a notice to be posted on the front of the building which is desired to be moved. Said notice shall also state the location of the house by street and number, and the location of the lot or land to which it is proposed to move said building, together with the name of the applicant. -2- 4219 "Sec. 7. 78. Bond. (A) REQUIRED. Anything herein to the contrary notwi tf sfan-aing, no house moving permit shall be issued unless the applicant therefor shall first post with the build- ing inspector a bond executed by the owner of the premises where the building or structure is to be located, as principal and by a surety company authorized to do business in this state, as surety. Such bond shall be subject to the approval of the city attorney as to form and, in the event of such approval, shall be filed with the building inspector. "The bond, which shall be in form joint and several, shall name the City of E1 Segundo as obligee, and shall be in an amount equal to twice the cost of the work required to be done in order to comply with all of the conditions of the house moving permit, as estimated by the building inspector, and not less than two thousand five hundred dollars. In lieu of a surety bond, the applicant may post a bond executed by said owner, as principal, which is secured by a deposit of cash in the amount named above and conditioned as required in the case of a surety bond; such as so executed is herein- after called a "cash bond" for the purpose of this section. "(B) CONDITIONS. Every bond posted pursuant to this sec- tion shall be conditioned as follows: (1) That each and all of the terms and conditions of this Article and of the house moving permit shall be complied with to the satisfaction of the building inspector. (2) That all of the work required to be done pursuant to the terms and conditions of this house moving permit shall be fully per- formed and completed, within ninety days after the date of the issu- ance by the building inspector of the house moving permit. The time limit herein specified or the time limit specified in any per- mit, may be extended for good and sufficient cause by the building inspector. "No such extension of time shall be valid unless written and no such extension shall release any surety upon any bond. "(C) DEFAULT IN PERFORMANCE. Whenever the building inspector 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. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the building inspector to be reasonably necessary for the completion of such work. After receipt of such notice the surety must, within the time limit therein specified, either cause the required work to be performed or, failing therein, must pay to the building inspector twice the estimated cost of doing the work, as set forth in the notice. Upon the receipt of such money, the city shall proceed by such mode as it deems convenient, to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of said sum of money in hand therefor. "If a cash bond has been posted, notice of default as provided above, shall be given to the principal, and if compliance is not had within the time specified, the city shall proceed without delay and without 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 or otherwise, in the discretion of the city. The balance, if any, of such cash deposit shall, upon the comple- -3- tion of the work be returned to the depositor, or to his suc- cessors or assigns, after deducting the cost of the work, plus fifteen per cent thereof, to cover cost of supervision and direc- tion of work of completion. (D) OPTION TO DEMOLISH. When any default has occurred, on the part of the principal under the preceding pro- visions, the surety shall have the option, in lieu of completing the work required, to demolish the building or structure, and to clear, clean and restore the site, within ninety days of said default. If the surety defaults, the city shall have the same option. "(E) TERM. 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 inspector, of the performance of all the terms and conditions of the house moving permit. Such completion shall be evidenced by a statement thereof, signed by the building inspector, a copy of which will 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 assigns, upon the ter- mination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this section provided. "(F) ACCESS. The building inspector, the surety, and the duly authorized representatives of either, shall have access to the premises described in the house moving permit for the pur- pose of inspecting the progress of the work. In the event of any default in the performance of any term or condition of the house moving permit with reference to the relocation of a structure, the surety, or any person employed or engaged on its behalf, or the building inspector, or any person employed or engaged on his behalf, shall have the right to go upon the premises to com- plete the required work or to remove or demolish the building or structure. It shall be unlawful for the owner, or his represen- tatives, successors, or assigns or any other person, to interfere with or obstruct the ingress to or egress from any such premises of any authorized representative or agent of any surety or of the city engaged in the work of completing, demolishing or removing any building or structure for which a house moving permit has been issued, after a default has occurred in the performance of the terms or conditions thereof. "Sec. 7. 79. Permit fees -- Compliance with other regulations. Every applicant desiring a permit for the relocation of a building shall, with his application, pay to the City of E1 Segundo the sum of fifty dollars as an inspection fee. "The house moving permit shall be subject to compliance with all requirements of the Vehicle and Traffic Code provisions and other regulations of the City. "Sec. 7. 80. Appeal. Such applicant, or any person who may feel aggrieved by any- ruling or action of the building inspector, may appeal to the City Council within ten days for a hearing thereon, whereupon said City Council shall hear the same and make its final determination of the matter in accordance with the information pre- sented. " SECTION 3. That Ordinance No. 597 and Section 1 of Ordinance No. 616 are hereby repealed. -4- SECTION 4. That the City Clerk shall certify to the passage 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, published and circu- lated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 9th day of October, , 1967. ATTEST: "e a City Clerk (SEAL) Ly'� Mayor of e City of egun o, California. -5- 41;ti -A STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) { CITY OF EL SEGUNDO. ) City Clerk of the City of El Segundo, 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. . 671 , o o , , , is a full, true and correct original of Ordinance No. 671. o o . o . of the said City of El Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING "THE CODE OF THE CITY OF EL SEGUNDO, CALIFORNIA, 1958, " BY REPEALING ARTICLE III OF CHAPTER 27, AND BY ADDING ARTICLE IV TO CHAPTER 7, RELA- TING TO MOVING BUILDINGS. "; 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 thee. , M..... day of .... QctQbc�x',.. o . o , 19.07.... and that the some was so passed and adopted by the following vote: AYES: Councilmen.. Cana,rederickdo McElhaneya aNagel ... M ayor MpgWi ................. ............ o .... NOES: Councilmen. ... NW- IAd...... o ..... o .............................. . ABSENT: Councilmen.None.o o ............. ............................... 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. 0671,... 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- I ished therein on the following date, to wit:. , , , ... e . o 0 0 . , . , , , , , ...moo eA . City Clerk of the City of El Segundo, California. (SEAL) By......... ... ...00 — o................. Deputy = . Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF;L08 ANGELES) ss CITY OF EC386UNDO ) .... -- being first duly sworn, de ., r.._:.,... �..'.-..-.-- :L:.. .. ...:. ...::... ..... .... ......- poses and says: That he is, and ai 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 ............ Editor of 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, a 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, pr ofessions, 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 avowred or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denomin- ations, or any of such clz.sses, 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 iset 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 of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at ........ week --,r. - -, by ------- - -=-•- ................... consecutive publication ......... commencing on the .... ...... day of ......... '. ^ -�: L!:: A. D. ... , —.... .� and ending on the .............c.: .'.. -...- day of ...................:�.: . :. - ................ A. D. 19. ...... and as often during said time as said newspaper woos regu- larly issued, to -wit: .... ..................................... �C_�•I; �_`� ^'7 a =✓ _ _......... Subscribed an sworn to fore me this ..... �........ day of ....... .... .. ... ...... A. D. 196- City clerk of the City of El Segundo, County Of Los Angeles, State of California. By Deputy City Clerk of said City_ 42AI, li