[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon as Ch. VIII of the 1938 Code of Ordinances
(Ch. 79 of the 1981 Code). Amendments noted where applicable.]
No building shall be moved into the fire limits
unless it conforms to the requirements for buildings to be erected
in such limits.
[Amended 11-30-1981 by L.L. No. 22-1981]
No tree in any public place shall be cut, removed
or in any way interfered with in or by the moving of any building
unless permission so to do is endorsed upon the license issued for
the removal of such building.
[Amended 11-30-1981 by L.L. No. 22-1981; 6-22-2004 by L.L. No. 2-2004]
A.
So long as any building which is being moved is on or upon any part of any public place, it shall be deemed to be an obstruction in a public place, and the person causing or effecting such movement shall comply with the provisions of all sections relative to hindering traffic and obstructions in public places, provided that when a license shall have been issued under this chapter, it shall not be necessary to obtain the license provided for in Chapter 308, Streets and Sidewalks, Article V, Regulated Obstructions.
[Amended 11-30-1981 by L.L. No. 22-1981]
The person actually conducting the moving of
a building and the person for whose benefit or at whose request the
building is moved shall severally be charged with causing said moving
to be conducted with all reasonable speed and dispatch and in such
manner as to do the least damage possible to property, public or private.
Such person shall be charged with the adequate repairing of any damage
caused by such moving to property, public or private, or if any damage
cannot be adequately repaired, then such person shall fully compensate
the owner of the property thus damaged.
[Amended 11-30-1981 by L.L. No. 22-1981; 6-22-2004 by L.L. No. 2-2004]
Should any person charged with any duty by § 105-4 hereof fail or refuse to perform such duty, or any part thereof, or fail or refuse to comply with the terms of any section relative to obstructions in public places, then the Board of Trustees shall cause the omitted duty or duties to be performed in such manner as it deems fit and the expense thereof to be assessed against the land of the person for whose benefit or at whose request the building was being moved.[1]
A.
No building shall be moved across, upon or along any
public place unless a license therefor first shall have been obtained
from the Board of Trustees, subject to the rules and regulations of
said Board.
B.
The fee for such license shall be as set from time
to time by resolution of the Board of Trustees.
[Added 6-22-2004 by L.L. No. 2-2004]
[Added 11-30-1981 by L.L. No. 22-1981]
Any person moving or demolishing a building
pursuant to this chapter shall post a bond in an amount deemed sufficient
by the Village to cover any costs incurred by the Village to repair
any streets that may be damaged as a result of such moving or demolition.
[Added 11-30-1981 by L.L. No. 22-1981]
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this chapter.
