[HISTORY: Adopted by the Town Board of the
Town of Greece 10-19-1982 by L.L. No. 7-1982. Amendments noted where
applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 75.
The movement or transportation of any building
from any point or place to another within the Town of Greece, or from
without the Town into the Town, across or upon the public highways,
streets, avenues and thoroughfares of the Town is hereby prohibited
unless the following conditions are met:
A.
Such movement is of a building which meets all the codes, rules and regulations of the Town presently in effect, except as provided in § 72-5 of this chapter.
C.
Such movement is made at a time, in a manner and by
such conveyance approved by both the Department of Public Works and
the Department of Public Safety.
No person, firm, partnership, association, corporation,
company or organization of any kind (hereinafter referred to as "person")
shall move any building over, along or across any public highways,
streets, avenues or thoroughfares in the Town or place said building
on any piece of land within the Town without first obtaining a permit
from the Town Board of the Town of Greece.
A person seeking issuance of a permit hereunder
shall file an application for such permit with the Town Clerk as follows:
A.
Form. The application shall be in writing, upon forms
provided by the Town, and shall be filed in the office of the Town
Clerk.
B.
Content. The application shall set forth:
(1)
The name and address of the applicant.
(2)
A description, with photographs, of the building proposed
to be moved, giving the street number, construction, materials, dimensions,
number of rooms and condition of the exterior and interior.
(3)
A description of the lot and block where the building
is located.
(4)
A description of the lot and block where the building
is to be moved, plus a map showing contours, the location of the septic
system and/or utilities and first floor elevations.
(5)
The actual location and portion of the lot to be occupied
by the building when moved.
(6)
The highways or streets over, along or across which
the building is proposed to be moved.
(7)
The proposed moving date and hours.
(8)
Any additional information which the Town shall deem
necessary to properly safeguard the public safety and welfare.
C.
Accompanying papers.
(1)
Tax certificate.
(a)
If the building to be moved is located in the
Town, the owner of the building shall file with the application sufficient
evidence that all municipal taxes have been paid in full with respect
to the lot from which the building is to be moved.
(b)
Proof of payment of all municipal taxes for
the property on which the building is to be located shall be provided.
(2)
Certificate of ownership.
(a)
The applicant, if other than the owner of the
property from which the building is being removed, shall file with
the application a written statement or bill of sale signed by the
owner or other sufficient evidence that the applicant is entitled
to move the building.
(b)
Proof of ownership of the lot onto which the
building is to be located or permission of the owner of said lot to
permanently locate the building on said lot shall be provided.
(3)
Certificate of telephone company and electric company.
The applicant shall file with the application a written statement
signed by the appropriate utility companies indicating that satisfactory
arrangements have been made covering the relocation of the utilities.
(4)
Certificate of insurance. Each application shall be
accompanied by a certificate of insurance, in a form approved by the
Town Attorney and issued by an insurance company authorized to do
business in this state, running to the Town and guaranteeing that
the applicant has provided public liability coverage of $1,000,000
and property damage insurance in the amount of $250,000 to save the
Town harmless from all claims, actions and proceedings brought by
any person for injury to person or property resulting from or occasioned
by any fault or default by the Town, its employees or agents or by
the person to whom the permit is issued or anyone acting thereunder
on his/her behalf. The policy shall also protect the Town, in the
sum of $250,000, against any damage caused to any street trees or
other public property by reason of such moving.
A.
The fee for such permit, and any security deposit
required hereunder, shall be as established from time to time by resolution
of the Town Board.
B.
In addition to the permit fee for moving buildings,
the Town Board shall assess and receive, before the moving permit
is issued, a sum of money sufficient to cover the cost of removing,
repairing and replacing electric wires, street lamps, utility lines,
fixtures, shade trees and any and all Town property which might be
damaged or disturbed in the course of moving the building. Upon completion
of the moving of the building, the Department of Public Works shall
prepare a written statement of all expenses incurred in moving, repairing
or replacing Town property damaged or disturbed in the course of moving
the building. If the sum is less than the deposit made by the applicant,
the excess sum shall be returned to the applicant. If the expenses
exceed the deposit made by the applicant, the applicant shall be responsible
to pay for such deficiency. All permit fees deposited with the application
shall be retained by the Town.
If the building to be moved does not meet all
the conditions and requirements of the laws, ordinances, rules and
regulations of the Town, then the applicant must file with the Town
Clerk an estimate, prepared by an engineer duly licensed under the
laws of the State of New York, of the total cost of renovating, reerecting,
modifying and completing other work necessary to bring said building
up to the requirements of all the codes, laws, rules and regulations
of the Town then in effect and shall post with the Director of Finance
a letter of credit issued by a banking institution as defined by the
laws of the State of New York, or a one-hundred-twenty-day completion
bond issued by a bonding company licensed by the State of New York,
in the full amount of said estimated cost. The letter of credit or
bond must provide that, if said building as moved is not renovated,
reerected, modified or otherwise completed in accordance with the
codes, laws, rules and regulations of the Town in effect at the time
of the move, within 90 days of the date on which said building is
relocated, the Town is empowered to renovate, reerect, modify or complete
any work necessary to bring said building into compliance with the
codes, laws, rules and regulations of the Town in effect at the time
of the move and to reduce the amount of the letter of credit or bond
by said cost, plus any other costs incurred by the Town in bringing
the building and site, including the original site of said building,
into compliance with said Town laws and regulations.
[Amended 3-17-1992 by L.L. No. 1-1992]
Upon receipt of an application, it shall be
the duty of the Department of Public Works and the Department of Public
Safety to review the permit application and determine the feasibility
of moving the building over the route described in the application.
If the route is unsatisfactory, the Department of Public Works shall
so notify the Town Board. It shall be the responsibility of the Building
Inspector to examine the building to be moved and the location to
which it is to be moved to determine if the building meets the building,
fire, engineering and other applicable laws, rules and regulations
of the Town, and to notify the Town Board.
After filing of the application and recommendations
of the departments hereinbefore referred to, the Town Board shall
set a public hearing to review the application and recommendations.
In approving an application and issuing a permit, the Town Board may
establish conditions to promote and protect the health, safety and
general welfare of the Town and its inhabitants.
If, in the opinion of the Town, the moving of
the building seems likely to cause unacceptable or excessive injury
to property, trees, electric wires or otherwise cause hardship or
inconvenience, is not conducive to public safety or welfare or is
likely to cause personal injury, such permit may be refused, all fees
and deposits returned, and the bonds canceled.
[Amended 3-17-1992 by L.L. No. 1-1992]
Any person convicted of violating any provision
of this chapter or any amendment or supplement thereto shall be subject
to a fine not exceeding $250 or imprisonment for a term not exceeding
15 days, or both. Each and every day such violation continues shall
be considered a separate and specific violation of this chapter.
