[HISTORY: Adopted by the Board of Trustees of the Village of New
Hyde Park 2-23-1939 by Ord. No. 14. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
It shall be unlawful for any person to remove or cause or permit to
be removed or to aid or assist in removing any building or structure or part
thereof along, over, across or through any street or public place within the
corporate limits of the Village of New Hyde Park without first having obtained
and paid for and having in full force and effect a permit so to do as hereinafter
provided and without thereafter complying with all of the provisions of such
permit and this chapter.
Any person desiring to obtain a permit as herein provided shall file
with the Building Inspector a written application upon a blank form prepared
and provided by the village. Such application shall state the dimensions,
estimated value, materials of exterior walls and roof of the building or structure
it is proposed to remove, the place from and to which and the route by which
the same is to be moved, the time required for and the means to be employed
in moving. It shall also state the names and business or residence addresses
of the applicant and the owner of the building or structure. It shall be accompanied
by the written consent of the Building Inspector to the placing of the building
or structure on the proposed location and written statements from all public
service corporations whose property may be affected by such moving that satisfactory
arrangements have been made with them for the work proposed to be done. Such
application shall contain an affidavit that the statements so filed with the
Building Inspector comprise all public service corporations whose property
may be affected and that such public service corporations will be notified
by the applicant at least 24 hours prior the the commencement of such.
A.
The applicant, prior to making the application, shall
deposit with the Village Clerk the sum of $150, together with an additional
$20 for each 200 feet or fraction thereof the building or structure is to
be moved and shall attach the receipt therefor to the application. The Village
Clerk shall thereupon direct the Building Inspector to examine the building
or structure to determine the strength and value of the same and whether or
not on its proposed location it will violate any of the provisions of the
Building Code or zoning or other ordinances of the village.
[Amended 10-22-1973]
B.
He shall also direct the Village Engineer to make or
cause to be made a survey of the proposed route over which the building or
structure is to be moved, such survey to take into consideration the width
of the roadways and the condition of the street or streets as regards traffic,
wires, trees, railroad tracks or other fixtures liable to be interfered with
by the moving of the building.
C.
Upon the completion of such examination and survey, the
Building Inspector and Engineer shall report the results thereof to the Village
Clerk. The Engineer's report shall include an estimate of the amount
of the probable damage to shade trees and other municipal property, as well
as an estimate of the cost of removing poles, cross-arms, telegraph, telephone,
electric light, police, fire alarm or traffic wires.
D.
The cost of such examination, survey and estimate shall
be paid by the village out of the moneys received with the application for
the permit, on the written order of the Village Clerk, and the unexpended
balance of such moneys, if any, shall, after the building has been moved or
the permit refused, be returned to the applicant on the written order of the
Village Clerk.
[Amended 12-7-1989 by L.L. No. 3-1989]
Upon the filing of the application and the receipt of the Building Inspector's
and Engineer's reports, or upon receipt of a protest, the Village Clerk
shall set a time and place for a hearing before the Board of Trustees of such
application, not less than 10 days from the date of such filing, and shall
immediately cause to be posted, in a conspicuous place upon the lot to which
such building is to be moved, a written or printed notice which shall state
legibly and plainly that such hearing is to be had upon the date and at the
place fixed in the order of such Village Clerk and shall fully state the purpose
of such hearing. Such notice shall state substantially all the matters set
forth in such application. At the time of such hearing, or at the time to
which the same may be adjourned, all persons interested, including the owners
of a franchise of a public utility, in, along or across any of the streets
or public places over or across which it is proposed to move such building,
may appear and object to the granting of such permit. The Village Board may
hear such evidence or arguments as may aid it to determine whether or not
public interest will be served by the granting of such permit.
[Amended 12-7-1989 by L.L. No. 3-1989]
A.
The Village Clerk, upon the filing of the application,
the reports and the bond hereafter prescribed, upon the payment of a fee of
$10 and after the hearing, if any, may, at the direction of the Board of Trustees,
grant a permit for which application is made. Such permit shall be made in
duplicate and shall be signed by the Village Clerk and endorsed as accepted
by the applicant. The Village Clerk shall retain the original copy.
B.
The permit shall be issued upon the following conditions:
(1)
It shall be with the distinct understanding that whatever
damage, if any, done or occasioned to any electric light, telephone, telegraph
or other wires strung in such street or to any poles, standards, paving, sidewalks
or curbs in such street or to any other appurtenance or thing in such streets
by reason of the removing of such building or structure shall be borne by
the person to whom this permission is given or the owner of such building
or structure, or either of them.
(2)
It shall be further hereby expressly agreed by the person
soliciting and obtaining the permission or the owner of such building or structure,
or either of them, that all claims of every name, nature and kind that may
arise or accrue by the removal of such building or structure shall be borne
by and liquidated by them, or either of them, and that they, or either of
them, will save the Village of New Hyde Park harmless from any claim or damage
occasioned by such removal.
(3)
All rubbish and material shall be promptly removed and
the roadway and sidewalks carefully cleaned, and all provisions of the village
ordinance relating to the removal of the buildings shall be strictly and promptly
complied with.
(4)
At night, one or more lighted flares shall be placed
and maintained so as to give sufficient notice of the obstruction. The work
of removal shall be done with as great speed as possible.
(5)
The permit shall be given subject to police control and
revocation at any time by the Board of Trustees.
Before delivery of such permit, the Village Clerk shall require from
the applicant a bond to the Village of New Hyde Park, approved as to form
by the Village Attorney and in an amount to be fixed by the Village Board,
with sufficient surety or sureties or sufficient collateral security to safeguard
the public, conditioned for the faithful performance of such work in accordance
with the rules and regulations and ordinances of the village and that the
person to whom the permit is granted will indemnify and save harmless the
village against and from any and all damages, loss, costs, charges or expenses
that may be brought against it by any person for or on account of injury to
persons or property, including paving, sidewalks or curb, resulting from or
by reason of the removal of such building or structure.
The ownership of shade trees along the line of the street is, for the
purpose of this chapter, only declared to be vested in the owner of the lot
in front of which they stand, subject to the right of control on the part
of the village as hereinafter set forth.
A.
No person to whom a permit has been granted shall have
the right to break or cut the branches of any tree along the line of the street
without the written permission of the owner or to remove or lift any pole
or wire, except in the presence of the owner thereof who may, should he see
fit, cause the same to be removed or lifted by his own employees at the expense
of the person to whom such permit is issued.
B.
Should the owner, of such shade trees refuse to grant
permission to cut or remove limbs or branches, the Board of Trustees shall
examine or cause to be examined the trees in question, and should it decide
that the cutting of the branches is both expedient and necessary, it may fix
the amount of compensation to be paid to the owner and, after such amount
of compensation shall have been paid by the person to whom the permit is issued,
grant a written permit to remove the limbs or branches in question under the
supervision of the Village Street Committee.
Whenever any person has received a permit under the provisions of this
chapter, he shall give to all public service corporations owning or operating
public utilities along or across any of the streets or public places included
in the permit written notice of the time when the work of moving is to be
commenced. Such notice shall be served at least 24 hours before the proposed
time for starting the moving. Upon the receipt of such notice, it shall be
the duty of such public service corporations to move, raise or otherwise dispose
of their wires or other instrumentalities in such time and manner as will
not cause delay to the holder of the permit.
A.
In case any person to whom a permit has been granted
shall fail to comply with the terms thereof, such permit shall become null
and void, and any and all expenses which may be incurred by the village in
restoring the street or public place to its proper condition shall be borne
by the permittee.
B.
In case the person to whom a permit is granted shall
suffer or permit such building or structure to remain in any public street
or place for a longer time than one day after notice from the Village Clerk
to remove the same or shall fail to leave the public street or place in as
good condition as it was previous to the moving of the building under the
permit, any and all expense which may be incurred by the village in removing
the building or restoring the public street or place to its proper condition
shall be borne by the permittee.
No permit shall be granted for the moving of:
[Amended 11-16-1999 by L.L. No. 4-1999[1]]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a criminal offense. Each such offense is hereby designated a Class B misdemeanor as defined in Article IIA of Chapter 1 of the Village Code, and every such misdemeanor shall be punishable in accordance with the provisions of Subsections D, E and F of § 1-27 of that article.
[1]
Editor's Note: This local law also provided that it would take
effect 12-1-1999.
