City of Glens Falls, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Glens Falls at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Building numbering and street naming — See Ch. 72.
Electrical standards — See Ch. 96.
Fire Department Regulations — See Ch. 107.
Fire prevention and building construction — See Ch. 109.
Flood damage prevention — See Ch. 113.
Garbage, rubbish and refuse — See Ch. 121.
Housing standards — See Ch. 128.
Plumbing — See Ch. 158.
Streets and sidewalks — See Ch. 189.
Subdivision of land — See Ch. 192.
Trees — See Ch. 204.
Vehicles and traffic — See Ch. 208.
Zoning — See Ch. 220.

§ 70-1 Definitions.

For the purposes of this chapter, the following words shall have the following definitions:
BUILDING
Any structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure or persons, animals or property. Depending upon its applicability, the use herein of the term "building" shall include the term "structure." A structure of the following dimensions shall not fall within this definition: a structure which is less than eight feet wide in any side horizontal dimension, is of a height which does not interfere with existing overhead power lines but in no case exceeds eight feet and is of a weight not greater than 2,500 pounds.
BUILDING INSPECTOR
The Building Inspector of the city.
CITY
The City of Glens Falls, County of Warren, State of New York.
PERSON
Any individual, corporation, partnership, association or trustee, the state and all political subdivisions of the state or any agency or instrumentality thereof.

§ 70-2 Permit.

No person shall move any building over, along or across any highway, street or alley in the city without first obtaining a permit from the Building Inspector in addition to any permits required by the Warren County Highway Department and the New York State Department of Transportation.

§ 70-3 Permit application; fee.

A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector.
A. 
Form. The application shall be made, in writing, upon forms provided by the Building Inspector and shall be filed in the office of the Building Inspector.
B. 
Contents. The application shall set forth:
(1) 
A description of the building proposed to be moved, giving the street number, construction materials, dimensions, the number of rooms and the condition of the exterior and interior.
(2) 
A legal description of the lot from which the building is to be moved, giving the lot and block number if located in the city.
(3) 
A legal description of the lot to which it is proposed such building be moved, giving the lot and block number if located in the city.
(4) 
The portion of the lot to be occupied by the building when moved.
(5) 
The proposed moving date and time.
(6) 
The complete names and addresses of all persons involved in such moving and a complete list of all telephone numbers where all such persons can be contacted 24 hours of the day for the entire period of the moving in the city.
(7) 
Any additional information which the Zoning Administrator shall find necessary to a fair determination of whether a permit should be issued.
C. 
Accompanying papers.
(1) 
Tax certificate. The owner of the building to be moved shall file with the application sufficient evidence that all taxes and any city charges against the same are paid in full.
(2) 
Certificate of ownership and entitlement. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner or other sufficient evidence that he is entitled to move the building.
(3) 
Disconnection of utilities. The applicant shall submit evidence that all utility services, including but not limited to water, gas, electricity and sewer, have been disconnected.
D. 
Fee. The application shall be accompanied by a permit fee in the amount of $100.

§ 70-4 Deposit.

Upon receipt of an application, it shall be the duty of the Building Inspector to procure from the Department of Public Works and all other departments involved an estimate of the expense that will be incurred in removing and replacing any electric wires, streetlamps, sewer and water lines or pole lines belonging to the city or any other property belonging to 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. 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.

§ 70-5 Insurance.

An application hereunder shall be accompanied by an insurance policy issued by an insurance company authorized to do business in the State of New York and of a form approved by the City Attorney providing a combined single limit for bodily injury and property damage of $1,000,000. Said policy shall name the city as a coinsured along with the applicant and provide indemnification of the city against any claim, alleged or otherwise, of damages to persons or private property arising out of, caused by or incidental to the moving of any building over, across or along any street in the city.

§ 70-6 Duties of Building Inspector.

A. 
Fees and deposits.
(1) 
Deposit. The Building Inspector shall deposit all fees and deposits with the City Treasurer.
(2) 
Return upon allowance for expense. After the building has been removed, the Building Inspector shall furnish the Mayor and Council with a written statement of all expenses incurred in the removing and replacing of all property belonging to the city and all material used in the making of the removal and replacement, together with a statement of all damage caused to or inflicted upon property belonging to the city. The Mayor and Council shall authorize the Building Inspector to return to the applicant all deposits after the City Treasurer deducts the sum sufficient to pay for all the costs and expenses and for all damage done to property of the city by reason of the removal of the building. Permit fees deposited with the application shall not be returned.
B. 
Designated streets for removal. The Building Inspector shall provide, from the City Department of Public Works, a list of designated streets over which the building may be moved. The Building Inspector shall have the list approved by the Chief of Police and Fire Chief and shall, in writing, reproduce the list upon the permit. In making their determinations, the City Department of Public Works, the Chief of Police and the Fire Chief shall act to assure maximum safety to persons and property in the city and to minimize congestion and traffic hazards on public streets.
C. 
Damage to trees and other city property. Upon completion of the application to the Building Inspector, he will, with the Superintendent of Public Works and the City Forester, inspect the route as designated to ascertain the extent of the damage, if any, to the trees or any other damage to public property along said route, and if the Building Inspector, in his discretion, finds that there will be or could be an excessive or undue amount of damage, he is hereby empowered to deny the application. The applicant may then take the matter to the Common Council of the City of Glens Falls for further consideration. If there are parts of a tree to be removed or any damage occurs to any tree, then the removal must be done by the City Tree Department, and any damage must be corrected by the City Tree Department, the cost of which will be paid by the applicant.

§ 70-7 Responsibilities of permittee.

A. 
Every permittee under this chapter shall:
(1) 
Use of designated streets: move a building only over streets designated for such use in the written permit.
(2) 
Notification of revised moving time: notify the Building Inspector 24 hours in advance, in writing, of any desired change in the moving date and hours as proposed in the application.
(3) 
Notification of damage: notify the Building Inspector, in writing, of any and all damage done to property belonging to the city within 24 hours after the damage or injury has occurred.
(4) 
Compliance with governing law: comply with the State Uniform Fire Prevention and Building Code, the Zoning Ordinance[1] and all other applicable codes and ordinances upon relocating the building in the city.
[1]
Editor's Note: See Ch. 220, Zoning.
(5) 
Clearing of old premises: remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition; provided however, that before the excavation is filled, the cellar bottom shall be removed and all cesspools, septic tanks and cisterns shall be properly filled.
B. 
Street occupancy. At no time shall a building remain on any street in the city unless and until it has specific approval to so remain by the Chief of Police and Fire Chief, and the applicant must be notified and receive the approval by said Chiefs on or before 2:00 p.m. of the day on which the applicant is going to leave the building standing on the street. Should permission not be granted, in writing, from said Chiefs and the applicant does leave said building on the streets, then the city shall have the right to immediately take the necessary steps to remove the building, and all cost, charges and fees incurred thereby shall be chargeable to the applicant.

§ 70-8 Enforcement.

A. 
Enforcing officers. The Building Inspector and the Police Department shall enforce and carry out all the requirements of this chapter.
B. 
Permittee liable for expense above deposit. The permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.
C. 
Original premises left unkept. The city shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this chapter, and the cost therefor shall be charged against the cash deposit.

§ 70-9 Penalties for offenses.

A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both such fine and imprisonment, in the discretion of the judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person(s) allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be summarily subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction.