HomeMy WebLinkAbout0713URGENCY ORDINANCE NO. 713 (1977 Series)
AN URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING MUNICIPAL CODE ARTICLE VIII, CHAPTER 8,
REGARDING INSURANCE REQUIREMENTS FOR HOUSE MOVING.
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. This ordinance is declared to be an ordinance for the
immediate preservation of the public peace, health and safety. The facts
constituting the urgency are as follows:
A. Unless this ordinance is immediately adopted, house moving
contractors within this City cannot obtain insurance to .meet
Municipal Code requirements.
B. Certain houses scheduled to be moved during this month as
part of the Santa Rosa Street Widening Project cannot be
moved without insurance.
C. If the houses are not moved on�schediile,. the sales are void
and buyers forfeit their purchase price.
SECTION 2. Municipal Code Article VIII, Chapter 8, Section 8800.11,
Insurance, is amended to read as follows:
'SECTION 8800.11'. INSURANCE.
Any person, firm or corporation, demolishing or moving any building,
structure, or utility, shall, before commencing work, deposit with the
Building Official a certificate of valid insurance, showing that the City is
a named insured on the insurance policy. The certificate of insurance shall
evidence that the liability insurance policy covers the policy holder and
the City as a named insured. Such insurance shall be valid at all times
during demolition or moving operations. Said liability insurance coverage
shall be in an amount at least $500,000 per occurrence for injuries, including
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Ordinance No. 713 _ (1977 Series)
accidental death to any one person, and subject to the same limit for each
additional person; in an amount at least $1,000,000 on account of any one
accident; and property damage in an amount at least $500,000. The purpose
of the insurance required herein is specified in Section 8800.10 of this
Chapter.
EXCEPTIONS:
A. Insurance may not be required to demolish a wood frame building,
not over two stories high and 25 feet to the top of the highest point of
the roof, provided the building is not less than 20 feet from public property
lines.
B. Insurance for moving single story, wood framed buildings not
exceeding fifteen (15) feet in height may be $300,000 each occurrence for
bodily injury and $100;000 property damage liability."
SECTION 3. Municipal Code Article VIII, Chapter 8, Section 8820.8,
Bond, is amended to read as follows:
"SECTION 8820.8. BOND.
The applicant for moving shall post, with the City Clerk, in addition
to any transportation bond required by the City Engineer and /or Police Chief,
a cash deposit, equal to 200 of the total value of all work to be accomplished
and associated with the building moving, but not less than $5,000. Cash
deposit may be in the form of a certified check or cashier's check or other
such form of cash deposit or bond acceptable to the City. Said deposit shall
guarantee:
(1.) Cleaning of the former site as required by Section 8820.14.
(2) Completion on the new site as required by Section 8820.15.
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Ordinance No. 713 (1977 Series)
Work needed to correct any of the foregoing matters may be carried
out or contracted by the City after the time limits stated have expired and
shall be paid for from the deposit. The deposit shall not be released until
such work is completed.
EXCEPTION: When the structure being moved is to be relocated outside
the limits of the City, the bond may be in an amount of $1,000 and shall
guarantee cleaning of the former site as required by Section 8820.14.
SECTION 3. This is an urgency ordinance necessary for the preservation
of the public peace, health and safety, and it shall take effect immediately
upon its adoption, provided that it is approved by at least four affirmative
votes.
The City Clerk shall cause this ordinance to be published once within
five (5) days in a newspaper of general circulation, but delay in publication,
or even failure to publish, shall not affect the validity of the ordinance.
INTRODUCED AND FINALLY PASSED.by the Council of the City of San Luis
Obispo at a regular meeting thereof held on the 15th day of August 1977,
on motion of Councilman Gurnee seconded by Councilman Jorgensen ,
and on the following-roll call vote:
AYES: Councilman Gurnee, Jorgensen, Dunin and Petterson
NOES: None
ABSENT: Mayor Schwartz
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Pro -Tem Steve Petterson
ATTEST:
Cl* Cl 6 J.H. Fitzpatrick
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Ordinance No. 713
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
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By Allen Grimes
(1977 Series)
Approved as to content:
City Administrative fficer
Wityn eer
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A.0 6 1977AGENDA MM
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)APPROVE City Or SAn tuis ;77",
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Post Office Box 321 • San Luis Obispo, CA 93406. 805/541 -1000
August 15, 1977
MEMORANDUM
THIS URGENCY ORDINANCE TO REPLACE
ORDINANCE SENT OUT WITH PACKAGE (6 —B)
ON FRIDAY, AUGUST 12, 1977.
TO: Richard D. Miller, City Administrator
Wayne A. Peterson, City Engineer
FROM: Jerry Kenny, Engineering Assistant
RE: Council Agenda Item August 16, 197
Urgency Ordinance To Change Insurance Requirements
For House Moving
THE SITUATION: Houses along the Santa Rosa widening route must
be moved next week or the sales are void. The project may be
delayed while new buyers are found. Local insurance agents
indicate they cannot provide insurance policies which meet
current municipal code requirements for house moving.
RECOMMENDATION: rAdopt an urgency ordinance to modify insurance
requirements to a "combined single limit" policy with $300,000
bodily injury liability and $100,000 property damage liability
for each occurrence.,
BACKGROUND: The urgency ordinance (attached) would take the place
of a routine ordinance drafted by Chief Building Official, Jack
Kellerman. Kellerman's proposal was included in the packet sent
to the City Council on Friday for Tuesday's meeting.
Kellerman's proposal would have reduced the amount of insurance
required for house moving from $500,000/$1,000,000 liability and
$500,000 property damage to $100,000/$300,000 liability and
$100,000 property damage. Adoption of this routine modification
would have taken a second hearing, plus 30 days after adoption to
be effective. That would have been too late to get the Santa Rosa
houses moved on schedule.
The urgency ordinance would be effective upon adoption. The urgency
ordinance would allow one person to collect a maximum of $300,000
for bodily injuries if he were the only one hurt:_..
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