[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown at time of adoption of Code 5-6-1991 by L.L. No. 5-1991 (see Ch. 1, General Provisions, Art. III). Amendments noted where applicable.]
For the purposes of this chapter, the following words shall have the following definitions:
- A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. 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, and its height does not interfere with existing overhead power lines but in no case exceeds eight feet, and its weight is not greater than 2,500 pounds. This definition shall include factory-manufactured buildings.
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer for the Village of Tarrytown.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The Village of Tarrytown, County of Westchester, State of New York.
No person shall move any building over, along or across any highway, street or alley in the Village of Tarrytown without first obtaining a permit from the Code Enforcement Officer, in addition to any permits required by Westchester County and the New York Department of Transportation.
A person seeking issuance of a permit hereunder shall file an application for such permit with the Code Enforcement Officer.
Form. The application shall be made in writing upon forms provided by the Code Enforcement Officer and shall be filed in the office of the Code Enforcement Officer.
Contents. The application shall set forth:
A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior.
A legal description of the lot from which the building is to be moved, giving the lot and block number if located in the village.
A legal description of the lot to which it is proposed such building be removed, giving the lot and block number if located in the village.
The portion of the lot to be occupied by the building when moved.
The proposed moving date and hour.
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 Village of Tarrytown.
Any additional information which the Code Enforcement Officer shall find necessary to a fair determination of whether a permit should issue.
Tax certificate. The owner of the building to be moved shall file with the application sufficient evidence that all taxes and any village charges against the same are paid in full.
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.
Disconnecting utilities. The applicant shall submit evidence that all utility services, including water, gas, electricity and sewer, have been disconnected.
Upon receipt of an application, it shall be the duty of the Code Enforcement Officer to procure from the Village Department of Public Works an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, sewer lines or pole lines belonging to the village or any other property of the village, the removal and replacement of which will be required by reason of the moving of the building through the village, together with the cost of materials necessary to be used in making such removals and replacements. Prior to issuance of the permit, the Code Enforcement Officer shall require of the applicant a deposit of a sum of money equal to the amount of the estimated expense.
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 in form approved by the Village Attorney, providing personal and property liability coverage in the respective amounts as follows: for property damage, $1,000,000 per individual and $1,000,000 per occurrence; and for personal injury, $1,000,000 per individual and $1,000,000 per occurrence. Said policy shall name the Village of Tarrytown as a coinsured along with the applicant and provide indemnification of the village 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 of the village.
Fees and deposits.
Deposit. The Code Enforcement Officer shall deposit all fees and deposits with the Village Treasurer.
Return upon allowance for expense. After the building has been removed, the Code Enforcement Officer shall furnish the Board of Trustees with a written statement of all expenses incurred in removing and replacing all property belonging to the village and of 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 village. The Board of Trustees shall authorize the Code Enforcement Officer to return to the applicant all deposits after the Village Treasurer deducts the sum sufficient to pay for all the costs and expenses and for all damage done to property of the village by reason of the removal of the building. Permit fees deposited with the application shall not be returned.
Designate streets for removal. The Code Enforcement Officer shall procure from the Village Department of Public Works a list of designated streets over which the building may be moved. The Code Enforcement Officer shall have the list approved by the Chief of Police and Fire Chief and shall reproduce the list upon the permit in writing. In making their determinations, the Village Department of Public Works, the Chief of Police and the Fire Chief shall act to assure maximum safety to persons and property in the village and to minimize congestion and traffic hazards on public streets.
Trees and damage to the village. Upon completion of the application to the Code Enforcement Officer, he will, with the Superintendent of Public Works or their designee, and a qualified tree surgeon, inspect the route as designated to ascertain the extent of the damage, if any, to the trees or any other public damage to property along said route, and if the Code Enforcement Officer, 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 Board of Trustees of the Village of Tarrytown 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 a qualified tree surgeon, and any damage must be corrected and properly treated by a qualified tree surgeon. The cost of said tree surgeon for the inspection, removal and treatment must be paid for by the applicant.
[Amended 9-16-2019 by L.L. No. 9-2019]
Every permittee under this chapter shall:
Use designated streets: move a building only over streets designated for such use in the written permit.
Notification of revised moving time: notify the Code Enforcement Officer, in writing, of a desired change in moving date and hours as proposed in the application.
Notification of damage: notify the Code Enforcement Officer, in writing, of any and all damage done to property belonging to the village within 24 hours after the damage or injury has occurred.
Display lights: cause red lights to be displayed during the nighttime on every side of the building while standing on a street, in such a manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such a manner as to protect the public from damage or injury by reason of the removal of the building; and before a building shall be permitted to stand on any street, approval of the location shall be secured from the Chiefs of the Police and Fire Departments of the village. However, no building shall remain on any street in the Village of Tarrytown unless and until it has the 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 night 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 village shall have the right to immediately take the necessary steps to remove the building, and all costs, charges and fees incurred thereby shall be chargeable to the applicant.
Street occupancy period: remove the building from the village streets after two days of such occupancy unless an extension is granted by the Board of Trustees.
Clearing 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.
Enforcing officers. The Code Enforcement Officer and the Police Department shall enforce and carry out all the requirements of this chapter.
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 Village Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.
Original premises left unsafe. The village 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 thereof shall be charged against the cash deposit.
Penalties shall be as provided in Chapter 1, General Provisions, Article II. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.