Village of Cazenovia, NY Chapter 74 Buildings, Moving of

[HISTORY: Adopted by the Board of Trustees of the Village of Cazenovia 1-20-1965 by L.L. No. 1-1965 (Ch. 21 of the 1965 Code). Amendments noted where applicable.]

Article I Buildings

§ 74-1 Permit required.

No building or structure shall be drawn or moved over any highway or bridge in the Village without a written permit from the Public Works Administrator upon application therefor, as provided in the following section, but such permit shall not authorize the use of any highway in the Village controlled by the state, unless approved by, or a similar permit is issued by, a competent authority of the state.

§ 74-2 Application.

A. Every application to move any building or structure over or upon any highway or bridge shall be made in writing, signed by the applicant, upon a form prescribed by the Public Works Administrator and shall state:

(1) The name of the owner of the building and location thereof.

(2) The name of persons who shall move the same.

(3) The highways or bridges, if any, over which the same is to be moved.

(4) The location to which the same is to be moved.

(5) The dates and hours during which the same will be moved.

(6) The length of time to be occupied in such moving.

(7) The dimensions thereof and the material of which such building is constructed.

(8) Such other facts as the Public Works Administrator may require.

B. A permit authorizing the placing of such building on its proposed new site shall also be submitted to the Public Works Administrator with such application.

§ 74-3 Bond. [1]

At the time of making the application specified in the preceding section, the applicant shall file with the Public Works Administrator a bond with one or more sureties approved by the Public Works Administrator, or a surety company bond likewise approved, in a sum as set from time to time, conditioned to indemnify and save harmless the Village from all damage to any highway or surface thereof or to any bridge or to public or private property or to persons, caused by the movement of such building or structure through or upon any highway or bridge or by any unlawful or negligent act or omission of the permittee, his agent or employees, in any way relating to or growing out of the moving of such building or structure under such permit.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 74-4 Issuance of permit. [1]

Upon receiving and filing the application and the zoning permit specified in § 74-2, the deposit and approval of the bond specified in the preceding section and a fee which shall be set from time to time by resolution of the Village Board of Trustees, the Public Works Administrator shall issue a permit for moving such building or structure, which permit shall recite that it is issued in conformity with and subject to the conditions of this section.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 74-5 Refusal to issue.

The Public Works Administrator may refuse to issue a permit referred to in the preceding section if, in his judgment, operations thereunder would result in material injury to any highway or bridge of the Village; or he may restrict or qualify such permit as he may deem necessary to safeguard any highway or bridge of the Village from damage or injury.

§ 74-6 Removing obstructions along streets.

Nothing in the preceding section shall be construed as requiring the Village to remove any obstructions along any street, nor to incur any expense therefor. If the moving of such building or structure through any highway is obstructed by any trees, the permittee shall apply to the Public Works Administrator, who may grant such relief as in his judgment may be proper and reasonable, and the permittee shall pay to the Village Clerk the reasonable cost of any service rendered by him in removing any such obstructions.

§ 74-7 Required moving devices; night safety precautions.

In moving any building or structure through or upon any highway, the same shall be supported on wheels or rollers or other device and in a manner approved by the Public Works Administrator, to avoid damage or injury to the surface of the highway. If it be necessary for such building or structure to remain in the highway during the nighttime, it shall be protected by a sufficient number of lighted red lanterns or flame torches from sundown until daylight to assure the safety of public travel on such highway at night.

Article II Other Heavy Objects

§ 74-8 Permit. [1]

No vehicle, machine, machinery, tractor or other object exceeding in weight and dimensions those limited by law, shall be operated or moved over or upon any Village highway or bridge without a permit issued by the Public Works Administrator, upon written application therefor and upon the payment of a fee, which shall be set from time to time by resolution of the Village Board of Trustees, for the use of the Village; such application shall contain a description of the vehicle or object to be so operated or moved, its gross weight and dimensions and shall state the highways upon or over which such vehicle or object is to be operated or moved.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 74-9 Refusal to issue permit.

The Public Works Administrator may refuse to issue a permit specified in the preceding section if, in his judgment, operations thereunder would result in material injury to any highway or bridge of the Village, or he may restrict or qualify such permit as he may deem necessary to safeguard any highway or bridge of the Village from damage or injury.

§ 74-10 Bond required.

Before the issuance of a permit under § 74-8, the applicant therefor shall file with the Public Works Administrator a bond approved by him in the sum required by § 74-3, conditioned to indemnify and save harmless the Village from all damage to any highway or surface thereof, bridge or to public or private property or to persons, caused by the operation or movement of such vehicle or other object upon any highway or bridge in the Village, and for any unlawful or negligent act or omission of the permittee, his agents or employees, in any way relating to or growing out of the moving of such vehicle or other object under such permit.

§ 74-11 Use of wheels or rollers required.

In moving any object specified in § 74-8, other than a vehicle on wheels, through or upon any highway or bridge, the same shall be supported on wheels or rollers or other device and in a manner approved by the Public Works Administrator to avoid damage or injury to the surface of the highway or to any bridge.

§ 74-12 Guarding at night required.

If it shall be necessary for the vehicle or object specified in § 74-8 to remain in the highway during the nighttime, it shall be protected by a sufficient number of lighted red lanterns or flame torches from sundown until daylight, to assure the safety of public travel on such highway at night.

§ 74-13 Penalties for offenses. [1]

Any violation of this chapter shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).