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HomeMy WebLinkAboutNS 4.3 CITY OF SARATOGA ORIGINAL ORDINANCES SERIES) )RD. NO. DESCRIPTION . DATE ADOPTED NS-4 Adopting Building Cod~ and amending portions of 4~A (emergency ordinance) 7'/5/62 NS-4-1 Amending 4-A re plumbing,'electrical and gas appliance regulations 7/5/62 NS-4-1.1 ~ding section to NS-4~I re approved types of pipe 11/2f/62 NS-4-1.2 Relating to establishment and change of electrical fees 11/6/63 NS-4-1.3 Relating to regulation. of underground utilities 11/20/63 NS-4-21 Regulating private patrols 4/17/63 NS-4-3 Regulating moving of buildings, equipment & machinery 8/7/63 ORDINANCE NO. NS 4.3 AN ORDINANCE OF THE CITY OF SARATOGA, REGULATING THE ~iOVING OF BUILDINGS, STRUCTURES, HEAVY NACHINERY AND EQUIPMENT, PROVIDING FOR PENALTIES FOR THE VIOLATION T}{EREOF, AND REPEALING CHAPTER 3 OF TITLE 11, SANTA CLARA COUNTY ORDINANCE CODE AS ADOPTED BY ORDINANCE 4-A. The City Council of the City of Saratoga, California, does ordain as follows: SECTION 1: ..~.LASSIFICATION OF PEltstITS That for the purposes of this ordinance permits for the moving of buildings, structures, heavy machinery or equipment are hereby classified as follows: Class A Permit: For any building or structure moved by motor truck or any vehicle propelled by its own p~er, not using any trailer or housemovinE dollies. CI{ss B Permit: For any heavy machinery or equipment moved by motor truck or any vehicle propelled by its own power, where the ~eight of said machinery or equipment to be moved exceeds 8 tons. .Cl.ass C Permit: For any buildinE or structure which is moved by loading on housemoving dollies and does not exceed 22 feet in height 6r 30 feetin width. Class D Perm~t~ FOr any building or strugture other' than one . constructed 6f brick or.concretei which, when loaded on housemovedE ~ollies, is more than 22 f~et in height ~ut ~Oes not exceed 28 feet in height, and is more than 30 feet in width but does not exceed 40 feet in width. Class E Permit: For any building or structure other than one constructed of brick or concrete, which, when loaded on housemoving dollies, exceeds 28 feet in height or exceeds 40 feet in width. Class ~ Permit: For any building or structure, the walls of which are constructed of brick or, of concrete, which, when loaded on housemoving dollies, exceeds 22 feet in height or exceeds 30 feet in width. The definitions of "building" and "structure" shall be as defined in the 1961 Edition of the Uniform Building Code as adopted by reference by Ordinance of this city. SECTION 2: ~OVING. PERMIT REQUIRED SECTION 2.1: It shall be unlawful for any person, firm or corporation to move or cause to be moved any building or structure, or any machinery or equipment of any of the classes as enumerated in Section 1 above, or any section of any such building structure, machinery or equipment, over, upon, along or across any public street or alley in the City of Saratoga, or from one location to another in said City, without first obtaining a permit so to do from the Buildin~ Inspector, together with approval by the Director of Public ~orks as to route and condition of streets to be traversed, which approval shall .be set forth on said permit. It shall also be unlawful for any person, firm or corporation, having - a valid moving permit as above set forth, to fail to either conspicously post the same on the building, structure, machinery or equipment for which the per- mit has been granted, at all times during the moving thereof, or in the alter- native to have such permit physically in the possession of a person in charge of said moving operation who is present at all times during such moving. SECTION 2.2: The provisions of this ordinance shall apply to all persons, firms or corporations moving buildings, structures, machinery or equipment within the City of SararoSa or from a location outside of the City of Saratoga to a location within the said City, g~ from one location to another within said City, providing that, upon a ~rop~r Showing, the Building Inspector ~ive or reduce the deposit and permit fees!.where. the building, struc- ture, machinery or equipment to be moved iS o~ued or 'iS to be used or occupied byanother public agency or where the distance which such structure, building,' machinery or equipment is moved is so short that in his judgment a modification of the fees or other requirements hereof is reasonable under all circumstances. SECTION 3: APPLICATION FOR PERHIT SECTION 3.1| Applications for moving permits shall be filed with the City of Saratoga in duplicate, one copy to be filed with the Building Inspector and one with the Director of Public Works, and said applications shall show: (a) The name of the owner., the type of building or structure, the present and proposed location, the fair value and approximate age of the building or structure to be moved, the route proposed to be followed, the method of moving, and the time within which the work of moving will be connenced and completed. (b) That al~ necessary d~thority and permits have been obtained from the operators of public utilities which might be affected by such moving operations. (c)Such other pertinent information as the BUilding I~spector or Director of Public Works may require. SECTION 3.2: Iu all cases except where the building or structure is being moved to a location outsideof Saratoga~s city limits, in addition to such application there Shallhe filed with the Building Inspector a plan showing the location upon the p[op&rt~ tO which the building.orstructure is to be moved, t0g~ther withph0tographs of ail sides of said building o~ structure, sho~ing the genera! architectural design and appea[~nce thereof, and if any material alteration; repair work or other work;is proposed to.be done after ~emoVai has been' completed, theh the~e shall also be filed pl~hs Showing the gehetal architectural design and appearance of the building or structure on all ~ides after such work has been completed. SECTION 4: FEES Each application for permit shall be accompanied by the following permit fees. For Class A Permit $ 5.00 For Class B Permit 5.00 For Class C Permit '20.00 For Class D Permit 30.00 For Class E Permit 45.00 For Class F Permit 100.00 SECTION 5: PERPORI4ANCE BOND All applications for Class C, D, E and F permits shall be accompanied by a surety bond in the sum of $5,000.00 in favor of the City of Saratoaa for the benefit of any person, firm or corporation, including the City:of Saratoga, who may be damaged directly by the moving of said building or structure, provided that any person, firm or corporation engaged in the business of moving buildings may file with the City Clerk a bond in the sum of $10,000.00, payable to the City of Saratoga for like purposes, and iu that event such person, firm or corporation need not file the $5,000.00 bond hereinabove required for any single moving operation. SECTION 6: LIABILITY INSURANCE No Class C, D, E, or F permit shall be issued unless the permittee shall have first taken out and agreed to maintain at all times during such moving operation, Public Liability Insurance in an amount of not less than $100,000 for injuries, including death, to any one person, and not less than $200,000 on account of any one accident, and Property Damage Insurance in an amount of not less than $5,000.00. Such insurance shall name the City of Saratoga as an additional insured, and a Certificate of Insurance shall be filed with the Building Director prior to the issuance of the permit. SECTION 7: REPAIR O[. STREET DAbRGE In case of any damage to any street or other public property or public utility, the proper City Department shall do such work as may be necessary to restore the street or other public property or public utili- ty to as good a condition as the same was in prior to such damages and shall charge the cost thereof to the owner of the property or to the person, firm or corporation to whom.the permit was issued for the moving of such building, structure, machinery or equipment, or section or portion thereof. No building permit shall be issued for the repair or reconstruction of any building or struc~ ture until all charges, costs. and fees due the City of Saratoga incident to said moving have been paid or dis~harged to the satisfa~tion of the Building InspectOr. SECTION 8: INVESTIGATION OFROUTE Where in the opinion of the Building l~nspector the contemplated moving could a~fect the.streets, highways, ~r other property of the city along the proposed route of the ~oUtemplated moving operation, the Director of Public Works shall CaUse an investigation tO be made of said proposed route to' determine the effect of the moving of such building, structure, machinery or equipment described in said application upon the Streets, highways or other prop- erty of the City of Saratoga, and no moving permit shall be issued unless the Director of Public Works shall find that said moving can be accomplished Without detrimentally affecting said streets, highways or othe~ property 5f the City of Saratoga along the route of said proposed moving operation. SECTION 9: REFUSAL OF PERMIT The Building Inspector may refuse to grant a moving permit wh~re the condition of the building, structure, machinery or equipment is such that it is dangerous or defective and such condition cannot effectively be remedi- ed or corrected, or if the relocatiou of such building, structure, machinery or equipment would cause appreciable damage to or be materially detrimental to the property or improvements in the district within the i~anediate vicinity of the proposed new iocation~ or if the: granting of the permit would be materially detri- mental or injurioustO the publi~ safety or public welfare, or if the relocation of the building would adversely affect property values in the vicinity of the proposed new location, or if the buildihg or structure is of a type prohibited at the proposed location by any law or ordinance of the City of Saratoga. SECTION [0: APPEAL TO PLANNING COMMISSION In the avent 'th';' uliding"!'nspe=tCI ahe shaI1 so inf~rm the a~piiCan~ in wr~tihg within five days fro~ Such d~nial, setting ~f~h the reasons therefor, and the applicant may thereafter appeal from such de~ial tO ~he Planning Commission within five days from date of such denial. No special form of appeal is required, except that the appeal must be in ~riting and contain the name and address of the applicant, and must set forth the reasons for such appeal. Upon receipt of a notice of appeal, the Secretary of the Planning Com- mission shall set the same for hearing before the Commission at its next regular meeting that falls not less than ten days after the date of filing of the notice of appeal, and notice in letter form of such hearing date shall be given the applicant. The Commission may affirm reverse or modify the decision of the Building Inspector, and the Commission's decision shall be final. SECTION 11: SEPARATE PERMIT PER BUILDING With the exception of Class A and Class B permits, no permit shall authorize the moving of more than one building or structure, or more than one section or portion thereof, in any case iu which any such building or structure is to be moved in two or more sections or portions, but a separate permit shall be required for each such section or portion. SECTION 12: DURATION OF PERMIT Each permit shall state on the face thereof a time limit within which the moving operation covered thereby shall be completed, which time shall in no event be greater than the time as set forth in the application for such permit, provided however that the Planning Commission, on request of the applicant, may extend the time of any such moving permit where delay is caused by reason of inclemency of the weather, strikes, Acts of Cod or the public enemy, or other causes not within the control of the permittee, or for such other cause which, iu the Planning Commission~s opinion, warrants such extension of time. All extensions shall be visibly stamped upon permit, SECTION 13: COMPLIANCE WITH OTHER. ORDINANCES The permit or permits herein authorized shall be in addition to all permits required under any other ordinance in the City of Saratoga, and all such relocated buildings or structures shall be subject to the inspection of the Building Inspector and must conform to all requirements of the Building and other codes or ordinances relating to building, construction, and necessary install. Atious incident thereto. SECTION 14: SAFETY PRECAUTIONS It shall be unlawful for any person, firm or corporation, who shall move or cause to be moved any building, structure, machinery or equipment, or section or portion thereof over, upon, along or across any public street, alley or other public place, to fail, refuse or neglect to keep a red light burning at all times between sunset and sunrise at each corner of such section or portion of such building, structure, machinery or equipment, or at the end of any projection thereof at intervals of not more than 10 feet on the side thereof facing the open street while located in or upon any public street, highway, alley, or public place, and during all the time while said building, structure, machinery or equipment is being moved and in motion sufficient look-outs shall be maintained to safeguard perseus or property against injury or damage which might result from such moving operations. SECTION 1S: PENALTY FOR VIOLATION ~ery person, as principal, agent or otherwise, violating or failing or neglecting or.refUSi~g to comply with any of the provisions of this ordinance shal! be deemed guilty Ofa misdemeanor, and, upOn conviction thereof, shall be punished b~ a fine not eXceedingiFive Hundred:Dollars ($500.O0) or by imprisonment in the County Jaillfor Dot more than three (3) months, or by both such fine and i~prisonment, and each such person, as principal, agent or otherwise, shall be deemed guilty of aseparate offense fbr 'each day during any portion of which the violation of, or failure, neglect or refusal to'~o~ply with any of'the provisions of .this ordinance is 6Ommitted, continued or permitted by ~uch person. In addi- tion, any building, s~tucture, machinery or eqpipment moved Contrary to any of the provisions of this ordinance is herebyaeclared ~o be. unlawful and aipdblic nui- sance, and the City Attorney, upon order.Of the ~ity CohnCil~ shall immediately commence such action o~ proceedings for the aba~ement and!or removal, a~d/or enJoinment thereof as is provided by iawi The remedies provided heroin shall be cumulative and not exclusive. S C ZoN 16: C0 S r0. TIO ALITY If a~y pro~iSion of thi~ ordinance, or t~e applicati6n ~ere0f to any person or cir~ums~anaei is held by h cou~ of C0mpatent jur~diction to be invalid, the remainder Of th~ Ordinance, and the application of'such provision to other persons or circumstances, shall not be affected thereby. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining por- tion of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsectlon~ sentence, clause or phrase thereof, irrespective of the fact that one or moreiof the sections, subsections, sentences, clauses.or phrases thereof be declared Unconstitutional or invalid. SECTION 1~: REPF~a.L OF PRIOR INCONSISTENT ,ORDiNANC~E Chapter 3 of title 11, Santa'Clara COunty Ordinance Code, as adopted by Section 1.1-of Ordinance ~-A of the City of Saratoga, is hereby superseded and repealed. The above and foregoing ordinance was regularly introduced on the 17th day of July , 19 6~ and after the waiting time required by law was thereafter passed and adopted this. 7t~y of Aug. 19 67 by the following vote: AYES: Councilmen: Glennon, Brazil, Drake, Hartman NOES: None ABSENT: Councilman: Ritchie /s/ William E. ~Glennon MAYOR ATTEST: The above and foroooing is a kue and correct copy of Oz'd ..... - whici} has been Is/ William c. Hanley .... % g'si d acc-i~,/r! to !aw, CITY CLERK - - . Deputy Cit~ ~lerk Date '