A. DEPOSIT FOR EXPENSE TO CITY. Upon receipt of an application it shall be the duty of the Building Inspector to procure from the Department of Public Works, and other appropriate departments an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging to the City or any other property of the City, the removal and replacement of which will be required by reason of the moving of the building through the city, together with the cost of materials necessary to be used in making such removals and replacements. The Building Inspector shall also prepare an estimate of the expenses, including costs of material necessary to comply with all applicable laws and regulations Federal, State or local required for the issuance of a certificate of occupancy of any building or structure to be moved into and located in the city of Fullerton. Prior to issuance of the permit the Building Inspector shall require of the applicant a deposit of a sum of money equal to the amount of the estimated expense plus ten percent.
B. BOND IN LIEU OF DEPOSIT. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Building Inspector a bond, approved as to form by the City Attorney, executed by a bonding or surety company authorized to do business in the state of California in an amount equal to the total sum estimated by Building Inspector pursuant to subsection A above, plus ten percent, conditioned upon the assurance that this and other applicable ordinances and laws will be complied with. Such bond shall run to the City for the use and benefit of any person or persons intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance, or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted.
Said bond shall guarantee that the required work shall be completed within ninety days of the date on which said building is moved to its new location; provided, however, that such time may be extended by the Building Inspector upon written application showing good cause therefor.
No bond or cash deposit shall be required for Class A moving permits.
C. DEFAULT IN PERFORMANCE -- NOTICE TO PRINCIPAL AND SURETY -- DUTY OF SURETY. 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 specify 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 therein specified, either cause the required work to be performed, or failing therein, must pay over to the Building Inspector the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten percent of said estimated cost. Upon receipt of such moneys, the Building Inspector shall proceed by such mode as he 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 the said sum in hand therefor.
D. ENFORCEMENT OF CASH BOND. 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 time specified, the Building Inspector shall proceed without delay and without further notice of proceedings whatever, to use the cash deposit or any portion thereof to cause the required work to be done, by contract 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 his successors or assigns, after deducting the cost of the work plus ten percent thereof.
E. DEFAULT BY MOVER -- OPINION TO DEMOLISH STRUCTURE AND RESTORE SITE. 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 Inspector shall have the same option.
F. PERIOD AND TERMINATION OF BOND. The term of each bond posted pursuant to this chapter 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 permit. Such completion shall be evidenced by a statement thereof signed by the Building Inspector, a copy of which shall 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 termination of bond, except any portion thereof that may have been used or deducted as elsewhere in this chapter provided.
G. ENTRY UPON PREMISES -- WHEN AUTHORIZED. The Building Inspector, the surety and the duly authorized representatives of either shall have access to the premises described in the permit for the purpose of inspecting the progress of the work.
In the event of any default in the performance of any term or condition of the permit 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 complete the required work or to remove or demolish the building or structure.
No person shall interfere with, nor obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety or of the City engaged in the work or completing, demolishing or removing any building or structure for which a permit has been issued, after a default has occurred in the performance of the terms or conditions thereof.
H. STRUCTURE TO BE MOVED OUT OF CITY -- NO BOND REQUIRED -- ISSUANCE OF PERMIT. The provisions of this chapter relating to the posting of bonds shall not apply where the building or structure is to be moved to a point outside the city limits. In such cases, if the Building Inspector finds that the building or structure is so constructed and in such condition that it may be removed with safety, a permit shall be issued.
I. FEES AND BONDS NOT APPLICABLE FOR TEMPORARY AND GOVERNMENTAL BUILDINGS. The provisions of this chapter relating to fees and posting of bonds shall not apply to the relocation of temporary buildings or structures to be used by governmental agencies for governmental purposes.
(Ord. 1309 § 2 (part), 1963: Ord. 1328, 1964).