Ordinance No. 440 - Amending Municipal CodeORDINANCE NO. 440
AN ORDINANCE OF THE CITY OF ROSEMEAD
AMENDING THE ZONING ORDINANCE AND
AMENDING THE ROSEMEAD MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Part XXXIII of Article IX of the Rosemead
Municipal o emended to read:
9192.. Approval. No existing building or structure,. or.section thereof,..
shall be moved or relocated upon a site in the City of Rosemead.
without first obtaining the approval of the Rosemead Planning
Commission.
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9192.1 Application. To obtain a permit to move a building or structure,
the applicant shall first file an application therefor in writing
on a form furnished for that purpose by the Planning Director.
Every such application shall contain the following information:
(1) The address and legal description of the land on which
the building or structure is presently situated.
(2) The address and legal description of the land to which
the building or structure is to be moved
(3) The alterations or additions, if any, to be made to the
building or structure to be moved or removed
(4) The name and address of the contractor.
(5) The name and address of the "house mover".
(6). The present. use. of. the_ building or. structur.e%-to be
or removed at the time of the application for a permit to move or
remove the same.
(7) The proposed use to be made of said building or. structure
when it is moved or removed to land within the City.
(8) Photographs not less than 5 inches by 7 inches showing
all sides of such building or structure and the general architectural
design or appearance.
(9) Applicant to furnish a termite report from a Licensed Ter
me
Company showing no visible infestation from dry rot, fungi or termites.
Any corrective measures necessary to prevent the transportation of
viable infestation into Rosemead must be made before a Relocation Permit
will be issued. All such corrective work shall be certified by a
Licensed Termite Company.
(10) Applicant shall submit a Progress Schedule on a form
furnished for that purpose by the Planning Director. Such Schedule
must be approved by'the Planning Director.
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9192.2 Filing Fee. (Not Refundable). Prior to or at the time of filing
any application for a permit to move a building or structure, a
fee of one hundred fifty dollars ($150.00) shall be paid .by the
Applicant to defray the reasonable cost of investigations and other
services required by the Planning Department pursuant to this
chapter. The filing fee provided in this section shall be in
addition to other permits and/or fees which are required to erect,
construct, enlarge, alter, repair, improve, and convert any
structural, electrical, plumbing and heating work required for
any building, or to demolish any building or structure pursuant
to other applicable laws.or.ordinances.
NOTE: THIS IS A FEE, NOT A PERMIT. THE FILING
FEE IS NOT REFUNDABLE, EVEN THOUGH THE
• RELOCATION PERMIT MAY BE DENIED.
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9192.3 Investigation. The Planning Director, upon receipt of application
for a permit to move or remove a building or structure, shall
direct that all necessary inspections are made to determine whether
such building or structure may be moved safely without demolishing
or destroying the same and shall determine whether or not the
proposed location of any building or structure sought to be moved
or removed in the city meets the requirements of the Uniforro
Building Code and any other laws or ordinances appertaining thereto.
The application may also be examined and reviewed by other
departments of the City, County or State to check and approve.
the proposed route to be followed in such removal and to check
compliance with the laws and ordinances.
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Upon the completion of the required inspections and the
investigation of the application for a permit to move or remove any
building or structure, the Planning Director shall make and file
a written report to the Planning Commission of the findings and
recommendations with every such application for a permit to move
or remove a building or structure.
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9192.4 Hearing on Application/Notices - Upon the filing of the
application :referred to in the preceding section, the
Planning Director shall set the matter for public hearing
before the Planning Commission. At least 10.(ten) days
before the hearing, the Planning Department shall cause
notice thereof to be posted in a conspicuous.place on the
property to which it is proposed to move such.building.
Such notice shall be no smaller than 2211 X '28"
and shall be headed NOTICE OF PROPOSED BUILDING RELOCATION
in letters not less than 4 (four) inches in height, and
also stating the time and place of the public.hearing on
the-application-7- for--re-locatiotr-•permit. He- shall' also°cause
• notice of the hearing to be mailed to the owners of all
contiguous and cornering real property, including such real
property on the opposite side of any public alley.
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9192.5
Use Restriction - No permit required by this chapter shall be
issued.to relocate any building or structure which in the opinion
of the Planning Commission is so constructed or in such condition
as to be dangerous; or which is infested with pests or unsanitary;
or which, if it is a dwelling or habitation is unfit for human
habitation; or which is so delapidated, defective, unsightly or
in such 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 in the district within a
radius of five hundred feet from the proposed site; or if the
proposed. use is prohibited by the zoning. laws of:_the__city; -or if.
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the structure is of a type prohibited, at the proposed location,
by any fire district ordinance or by. any other law or ordinance;
provided, however, that if the condition of the building or
structure in the judgment of the Planning Commission will allow
practicable and effective repair, the permit may be issued subject
to appropriate conditions as hereinafter provided.
If the unlawful, dar_eerous or defective condition of the building
or structure proposed to be relocated is such that remedy or
correction cannot practicably and effectively be made, the permit
shall be denied.
9192.6 Conditions
1, The person named in the application as the person who will
move the building or structure to be moved or removed shall
furnish evidence of public liability insurance covering-
injuries to persons and property by reason of the proposed
moving _or.removing. of- said. a. reasonable amount.
• to be approved by the Director of Planning, but in no event
less than ten thousand dollars ($10,000:00).
2. No Relocation Permit shall be issued unless the applicant
therefor shall first post a bond with the Director of Planning
executed by the owner of the premises where the building is
to be located, as principal, and a surety company authorized to
do business in California, as surety. The bond shall be joint
and
several
and
sh
all name
the
City
of
Rosemead
as obligee,
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and
shall be
in
an
amount
equal
to
the
estimated
cost, plus
ten percent, of the work required to be done in order to comply
with the conditions of the Relocation Permit as estimated by
the Director of Planning
A cash bond may be posted in lieu of the surety- bond, but
upon the same terms and conditions. The bond shall be
conditional as follows:
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(a) That all of the terms and conditions of the Relocation
Permit shall be complied with to the satisfaction of
the Director of Planning.
(b) That all of the work required to be done pursuant to the
conditions of the Relocation Permit shall be performed
within the time limit specified in the Relocation Permit
(unless the Director of Planning shall extend such time
in writing) .
3. No person shall move over any street within the City of
Rosemead any building or structure without first securing
a permit from the Los Angeles County Road Department..
and/or housemover
4. The applicant'jshall, within one business day of receipt of a
Los.Angel-es..-County.Road-_Department:-Moving_Permit; submit a-copy--
of the permit to the Director of Planning of the City of Roseme',
5. As a part of any relocation approval, the Planning. Commission.
may establish conditions and requirements necessary to assure
the satisfactory relocation and reconstruction of any building
or structure within the City of Rosemead for which relocation
approval is granted.
6. The building or structure shall be completely set down and
placed upon its new foundation within sixty (60) days from
its date of arrival at the new location. All corrections (as •
required by Planning Commission and L.A. County Building Dept,)
and repairs shall be completed within sixty(60) days after
the building is placed on the new foundation.
7. An extension of time may be granted by the Director of Planning
upon written application, when such extension is required
because of extensive remodeling or additions, or.because of
circumstances beyond the control of the applicant.
".ygoe
8 Prior to the issuance of a Moving permit from the
Los Angeles County Road Department, Applicant must submit
to the Rosemead Planning Department a signed and notarized
"Affidavit of Acceptance of Conditions."
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9192.7 Default in Performance
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(a) Whenever the Planning Commission shall find that a default
has occurred in the performance of any term or condition of the
Relocation Permit, written notice thereof shall be given to the
principal (Applicant) and to the surety (Bonding Company) on the
bond.
(b) Such notice shall state the work to be done, the estimated
cost thereof, and the.period of time deemed by the Planning
Commission to be reasonably necessary for the completion of such
work.
(c) After receipt of such notice, the surety (Bonding Company)
must, within the time therein specified, either cause the required
work to be performed or, failing therein, must pay over to the
City the estimated cost of doing the work, as set forth in
the notice, plus an additional sum equal to ten percent of the
said estimated cost. Upon the receipt of such monies, the City
may proceed, by such mode as it deems convenient, to cause the
required work to be performed and completed, but no liability
shall be
incurred
by the City therein other than for the amount
received
for the
estimated work!
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(d) If a cash bond has been posted, notice of default, as provided
above, shall be given to the Applicant; and if compliance is not
had within the time specified, the City may proceed without delay .
and O.-.hout further notice or proceedings whatever to use the cash
deposit to cause the required work to be done or order the demolition
thereof, by contract or otherwise, in the discretion of the City.
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such cash deposit shall, upon the completion of the work, be returned
to the depositor, or to his successors or assigns, after deducting
the cost of the work plus ten percent thereof.
(e) When any default has occurred on the part of the principal
(Applicant) under the preceding provisions, the surety (Bonding
Company) 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. If the surety (Bonding Company) shall fail
to complete the work or demolish the building or structure and to
clear, clean and restore the site as herein provided, the City shall
have the same option.
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(f) 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 Planning Commission of the
performance of all the terms and conditions of the Relocation
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 (Bonding Company) or principal (Applicant) upon request.
When a cash bond has been posted, the cash shall be returned to the
depositor, or to his successor or assigns, upon the completion of
the project, except any portion thereof that may have been used or
deducted as elsewhere in this section provided.
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9192.8
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Entry Upon Premises
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(a) The City Council, the surety (Bonding Company), and the duly
authorized representatives of either" shall have access to the
premises described in the Relocation, Permit for the purpose of
inspecting the progress of the work.
(b) In the event of any default in the performance of any term
or condition of the Relocation Permit, the surety (Bonding Company)
or any person employed or en°aged on its behalf, or the City Council,
or any person employed or engaged on its behalf, shall have the right
to go upon the premises to complete the required work or to remove
or demolish the building or structure.
(c) No owner, his representatives, successors or assigns, or any
other person shall interfere with or obstruct the ingress or
egress to or from any such premises of any authorized representative
or agent of any surety (Bonding Company) or of the City engaged in
the work of completing, demolishing or removing any building or
structure for which a Relocation Permit has been issued, after a
default has occurred in the performance of the terms or conditions
0 thereof.
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9192.9 Appeal. The action of the planning Commission in acting upon
an application for a permit hereunder shall be final and
conclusive unless an appeal is filed in writing with the
City Council by the Applicant or other aggrieved party within
ten days after decision. The City Council, upon receipt of
written appeal, shall conduct a public hearing
on the matter and the action of the City Council following
such hearing shall be final and conclusive.
• PASSED-; APPROVED-AN-D- ADOPTED- TH-I . DAY OF 19-77.
ATTEST:
City Clerk
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