[HISTORY: Adopted by the Municipal Council
of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 2 of
Chapter 9 of the Revised Ordinances of the City of Clifton, New Jersey,
1960. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A highway or thoroughfare dedicated or devoted to public
use, and includes avenue, road, alley, lane, terrace, concourse, driveway
and sidewalk.
It shall be unlawful for any person to move,
to commence to move or cause to be moved any building into, upon,
over and through the streets, brooks or other public ways and lands
in the City without first having obtained a written permit therefor,
as provided in this chapter.
The fee for a permit issued under this chapter
shall be $50 for each moving and is imposed to defray the cost of
inspections and regulations, and for no other purpose. Such fee, in
cash or certified check, shall be paid at the time of filing the application
and shall be returned to the applicant in the event that the permit
is not granted.
A.
Application for a permit shall be made in writing
to the City Engineer and filed with his office, upon forms supplied
by the City and obtainable at the office of the City Engineer.
B.
The application shall be signed by the owner of the
building to be moved and the person to be entrusted with the moving
of the same.
C.
No application shall be considered unless the information
requested in the form shall have been fully answered.
The application shall be accompanied by the
following:
A.
A route map indicating the specific streets and exact
route suggested to be used and followed during such moving.
B.
The written consent of the proper county or state
authorities in the event that the route shall include a county or
state highway.
C.
The consent in writing of any public utility, as that
term is defined by N.J.S.A. 48:1-1 et seq., to make any necessary
change in the facilities of said public utility in the event that
the properties or facilities of said utilities are to be disturbed
or affected in any manner by the moving of said building.
D.
Proof that all outstanding taxes, water claims and
assessments levied against the land and building by the City have
been paid.
E.
When the application for a permit is made between
October 1 and December 31, both inclusive, of any year, proof shall
be submitted that the applicant has paid to the Tax Collector of the
City, for taxes for the succeeding fiscal year, a sum computed by
the Tax Collector, on the basis of the assessment levied upon the
lands and building for the current year, in addition to all other
outstanding taxes, water claims and assessments.
[Amended 11-14-1966 by Ord. No. 3727]
When the application and accompanying data have been furnished, completed and filed as required by §§ 179-4 and 179-5, the City Engineer shall notify the Building Department, Tax Collector, Police and Fire Signal Alarm System Department, Sewer Department and Police Department that such application has been filed, and request each department to immediately cause an inspection to be made of the building, the street route and the proposed site, and to report in writing to the City Engineer the following:
B.
Whether it is deemed safe to use the proposed route
and, if not, to recommend better and safer routes.
C.
To advise the approximate work which is necessary
in clearing or otherwise preparing said route by the removal or trimming
of trees, temporary requiring of the police and fire signal alarm
system, as well as any other necessary work to permit such removal,
together with the estimated cost and charge to be made for such work
and the repair of said items upon the removal of the building.
D.
If and when the owner, in the interest of public safety,
should be required to fill in open excavations.
If the application and accompanying data have been completed, furnished and filed as required by §§ 179-4 and 179-5 and there are no objections to the granting of the moving permit by the City Engineer or any of the municipal departments mentioned in § 179-6 hereof, the City Engineer shall notify the applicant that a permit will issue, provided that the applicant shall file:
A.
An agreement in writing signed by the owner and building
mover whereby, in consideration of the issuance of the permit, they
agree to cooperate with and abide by such directives as may be issued
by the City Engineer and all appropriate department supervisors of
the City with regard to the moving operations.
B.
A surety bond, in the principal sum of $10,000, made
by a surety company duly licensed and authorized to transact business
in the state as surety, and the owner of the building or structure
sought to be removed and the person in charge of the removal of said
building or structure as principals. The bond shall be in a form approved
by the City Law Department and shall be conditioned upon:
(1)
Notifying the City Engineer 72 hours in advance of
the time of the commencement of the operation to remove the building
and to diligently complete the operation within seven working days
thereafter, and in the meantime not to neglect or abandon the project.
In the event of failure to complete the operation within seven days,
the bond shall stipulate that the holder of the permit shall forfeit
to the City the sum of $100 per day for each day or part thereof the
seven-day period is exceeded. Such sum is declared to be the reasonable
cost of supervision and inspection while the building shall remain
in the public streets of the City.
(2)
An agreement to reimburse the City for any expense
which might be incurred to repair damage suffered to public property
by reason of such moving.
(3)
Specifically to indemnify and save harmless the City,
its agents, servants and employees against every loss, expense, damage
and liability by reason of granting such permit and such moving operation.
C.
Certificates of policies of insurance issued to the
owner and building mover for vehicles and apparatus to be used in
the operation with limits of $100,000 and $200,000 for bodily injury
and $25,000 for property damage; general liability insurance with
limits of $100,000 and $200,000 for bodily injury and $25,000 for
property damage, with contingent coverage within the same limits in
favor of the City either by endorsement or by separate policy; and
workmen's compensation insurance as required by law. Where certificates
of insurance are required hereunder, they shall be made to the City
and shall contain a stipulation that no changes therein or cancellation
of the policies shall be effective except upon 10 days' written notice
to the City.
D.
A deposit by cash or certified check, representing the estimated cost to the City for the work referred to in § 179-6, which sum shall be applied on account of the actual cost of said work. The applicant shall also file a written agreement that he will pay any excess should the actual cost be more than the estimated cost. The City shall refund any difference should the actual cost be less than the estimated cost.
If the permit is denied by the City Engineer,
the applicant may file his application and accompanying data with
the City Clerk for consideration by the Council.
No building or the apparatus used in moving
the same shall unreasonably obstruct or remain stationary nearer than
50 feet to any fire hydrant.
The cutting, trimming or removal of any trees
shall be done only by employees of the City under the direction of
the City Engineer, who shall determine the extent to which cutting,
trimming or removal of trees is necessary.
During the hours between sunset and sunrise,
every building and the apparatus used to move the same shall be adequately
guarded by red lights or flares so located as to give sufficient and
timely warning to persons upon the highway of the presence of the
building and apparatus. Such protection shall be the responsibility
of the building mover and owner jointly, who shall comply with the
provisions of Title 39 of the Revised Statutes of New Jersey so far
as the same may be applicable.
No roadbed, pavement, curbing, tree or public
property shall be disturbed by or during such building moving except
by employees of the City.
No building shall be moved to a site where such
building, if put in place on the new site, would be in violation of
the Zoning Ordinance or Building Code of the City.[1]
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both.
