Sec. 5-51. - Required; categories for which prohibited.

(a)

No person, firm or corporation shall move any building or structure within or into the unincorporated area of the county without first obtaining from the building official a relocation permit and a building permit.

(b)

Except as otherwise provided in this section, there shall not be issued a relocation permit for any building or structure which is included within any one or more of the following categories:

(1)

Is so constructed or is in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects in electrical wiring or any other substantial hazard, to the persons who will occupy or enter said building after relocation.

(2)

Is infested with rats or other vermin or the wood members of the building are infested with rot, decay or termites.

(3)

Is so unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy said building after relocation or, if not intended for occupancy by human beings, would make it unsuitable for its intended use.

(4)

Is in such condition or is of a type, character, size, or value and is so inharmonious with other buildings in the neighborhood of the relocation site, that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements within a radius of 500 feet from the proposed relocation site.

(5)

If the proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of the county.

(6)

If the building or structure does not conform to all applicable provisions of law.

(Ord. No. 567.1, § 1, 1-8-08)

Sec. 5-52. - Correction of defects before issuance; hearing.

(a)

If the building or structure to be moved fails to meet any of the standards set forth in section 5-51, but it appears to the building official that the deficiencies can be corrected, the permit shall be issued only on condition that all deficiencies be corrected.

(b)

In order to determine any matter regarding relocation of a building or structure, the building official may cause any investigation to be made which he or she believes necessary.

(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.3, § 7, 7-28-09)

Sec. 5-53. - Terms and conditions to issuance.

In granting a relocation permit, the building official may impose such terms and conditions as are reasonable including but not limited to, changes, alterations, additions or repairs to the building or structure so that its relocation will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which it is to be moved. The terms and conditions upon which each permit is granted shall be in writing upon the application and permit or appended thereto.

(Ord. No. 567.1, § 1, 1-8-08)

Sec. 5-54. - Fees.

The fees for relocation investigation service shall be adopted by resolution of the board of supervisors. The building official shall collect a deposit of the estimated cost of the relocation inspection investigation service, including travel cost, inspection, and preparation of the report. Any excess money over the actual cost shall be refunded to the applicant. If the cost exceeds the amount deposited, the difference shall be collected before the report is released to the applicant. The travel fees specified herein may be waived at the discretion of the building official, or apportioned among applications, when, in his or her opinion, the travel is chargeable to more than one county purpose or investigation. In the event a building permit is issued, the fees for building, plumbing, electrical, and mechanical permits shall be based upon the total value of improved building or structure at its location site as estimated by the building official.

(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.3, § 8, 7-28-09)

Sec. 5-55. - Expiration and renewal of permits.

(a)

A relocation permit shall expire and become null and void if the moving of the building or structure is not completed, and all terms and conditions of the relocation permit complied with 180 days from the date of issuance of the permit.

(b)

An application for extension of the 180 days time limitation set forth in paragraph (a) above may be submitted to the building official within 180 days from the date of issuance of the permit. No such application shall be approved by the building official except where it appears that the failure of applicant to comply with the terms and conditions of the permit was due to fire, legal acts of the public authorities, acts of God, or any other delay unavoidable or beyond the reasonable control of the applicant.

(c)

An extension of time granted by the building official shall be for any period of time deemed reasonable by the building official, in view of all of the facts and circumstances of the particular case, but in no event shall such extension of time exceed 180 days from the date of the expiration of the original permit.

(d)

A second extension of time shall not be issued to any applicant by the building official. The building official may, at his or her, discretion, accept an application for extension of time from a person who has succeeded to the ownership of property which was the subject of an extension of time granted to a former owner-applicant.

(e)

If the building official denies an extension pursuant to paragraphs (b) or (d) above, the applicant may appeal that decision to the board of appeals. The board of appeals shall hold a public hearing upon such appeal for extension of time. No such appeal shall be approved by the board of appeals except where it appears that the failure of applicant to comply with the terms and conditions of the permit was due to fire, legal acts of the public authorities, acts of God, or any other delay unavoidable or beyond the reasonable control of the applicant. An appeal for extension of time shall be denied by the board of appeals if the applicant fails to appear in person at the time and place set for the public hearing on such application, unless there is presented at such hearing a certificate of a licensed physician that such applicant is physically unable to appear at such hearing due to illness or other physical incapacity, or the applicant is represented at such hearing by an attorney.

(Ord. No. 567.1, § 1, 1-8-08)

Sec. 5-56. - Surety bond required.

The building official shall not issue a relocation permit unless the applicant therefore shall first post with the building official 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 the state, as surety, or makes a deposit of cash or cashier's check or money order payable to the County of Kings, as hereafter provided.

(Ord. No. 567.1, § 1, 1-8-08)

Sec. 5-57. - Same—Form and amount.

The surety bond required by section 5-56 shall:

(1)

Be in form joint and several.

(2)

Name the county as obligee.

(3)

Be in an amount equal to the estimated cost plus ten percent of the work required to be done in order to comply with all of the conditions of the moving permit, such estimate to be estimated by the building official. A deposit, if made in place of a surety bond, shall also be equal to the cost plus ten percent of such work.

(Ord. No. 567.1, § 1, 1-8-08)

Sec. 5-58. - Same—Condition.

Every bond posted and every deposit made pursuant to this article shall be conditioned as follows:

(1)

That each and all of the terms and conditions of the moving permit shall be complied with to the satisfaction of the building official.

(2)

That all of the work required to be done pursuant to the conditions of the moving permit shall be fully performed and completed within 180 days from the date of the issuance of the permit, or within the period of any extension of time hereafter granted by the building official.

(3)

The term of each bond posted pursuant to this article 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 relocation permit.

(Ord. No. 567.1, § 1, 1-8-08)

Sec. 5-59. - Procedure on default.

Whenever the building official finds that a default has occurred in the performance of any term or condition of any relocation permit he or she shall give written notice thereof to the principal and to the surety on the bond.

(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.3, § 9, 7-28-09)

Sec. 5-60. - Contents of notice of default.

In a notice of default the building official shall state the work to be done, the estimated cost thereof, and the period of time deemed by him or her to be reasonably necessary for the completion of such work.

(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.3, § 10, 7-28-09)

Sec. 5-61. - When work to be done by county.

If after written notice the required work is not performed within the time specified in such notice, then the county at its option may, through its authorized officers or agents, cause such work to be done, or cause such building or structure to be demolished and the premises cleared, and the surety shall pay over to the county or to the building official the actual cost of such work or demolition, plus an additional sum of ten percent; provided, however, that in no case shall the liability of the surety exceed the amount of the surety bond; or the county may, at its option, through its building official or other authorized agent, require the surety to cause the required work to be performed or require the surety to demolish the structure or building and clear, clean and restore the site; provided, that in neither case shall the liability of the surety exceed the amount of the surety bond.

(Ord. No. 567.1, § 1, 1-8-08)

Sec. 5-62. - Use of cash deposit.

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 without delay and without further notice or proceeding 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 his or her discretion. The balance, if any, of such cash deposit, upon the completion of the work, shall be returned to the depositor or to his or her successors or assigns after deducting the cost of the work plus ten percent thereof.

(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.3, § 11, 7-28-09)

Sec. 5-63. - Return of deposit.

When a cash bond has been posted, the building official shall return the cash to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used or deducted as elsewhere in this article provided.

(Ord. No. 567.1, § 1, 1-8-08)

Sec. 5-64. - Inspections.

The building official, the surety 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

(Ord. No. 567.1, § 1, 1-8-08)

Sec. 5-65. - Interference with work.

In the event of any default in the performance of any term or condition of the relocation permit, the surety or any person employed or engaged on its behalf, or the building official, or any person employed or engaged on his or her behalf, may go upon the premises to complete the required work or to remove or demolish the building or structure. The owner, his or her representative, successor or assign, or any other person who interferes with or obstructs the ingress or egress to or from any such premises, or any authorized representative or agent of any surety or of the county 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 thereof, is guilty of a misdemeanor.

(Ord. No. 567.1, § 1, 1-8-08; Ord. No. 567.3, § 12, 7-28-09)

Sec. 5-66. - Temporary permit.

Notwithstanding any other provision of this chapter, upon application, the board of appeals may authorize the issuance of a permit to temporarily relocate and use a structure on the site on which it is situated and which does not meet the standards hereof for a period of not to exceed two years. Prior to the authorization of such permit the board shall obtain and consider a written report and recommendation from the building official and make findings after considering such report and recommendations and other evidence presented that such permit is necessary for the reasonable use of the applicant's property and that such relocation and use will not be detrimental or injurious to the public safety or welfare to property or improvements in the area. Such permit shall be conditioned upon the applicant obtaining a building permit for a structure on such site to comply with the chapter for the use which is to occupy the structure which is the subject of the temporary permit and diligently completing such structure, and upon such other and further terms, conditions and restrictions as the board may deem reasonable.

(Ord. No. 567.1, § 1, 1-8-08)

Secs. 5-67—5-70. - Reserved.