[HISTORY: Adopted by the Town Board of the Town of Greece 10-19-1982 by L.L. No. 7-1982. Amendments noted where applicable.]
Unsafe buildings — See Ch. 75.
The movement or transportation of any building from any point or place to another within the Town of Greece, or from without the Town into the Town, across or upon the public highways, streets, avenues and thoroughfares of the Town is hereby prohibited unless the following conditions are met:
Such movement is of a building which meets all the codes, rules and regulations of the Town presently in effect, except as provided in § 72-5 of this chapter.
Such movement is made at a time, in a manner and by such conveyance approved by both the Department of Public Works and the Department of Public Safety.
No person, firm, partnership, association, corporation, company or organization of any kind (hereinafter referred to as "person") shall move any building over, along or across any public highways, streets, avenues or thoroughfares in the Town or place said building on any piece of land within the Town without first obtaining a permit from the Town Board of the Town of Greece.
A person seeking issuance of a permit hereunder shall file an application for such permit with the Town Clerk as follows:
Form. The application shall be in writing, upon forms provided by the Town, and shall be filed in the office of the Town Clerk.
Content. The application shall set forth:
The name and address of the applicant.
A description, with photographs, of the building proposed to be moved, giving the street number, construction, materials, dimensions, number of rooms and condition of the exterior and interior.
A description of the lot and block where the building is located.
A description of the lot and block where the building is to be moved, plus a map showing contours, the location of the septic system and/or utilities and first floor elevations.
The actual location and portion of the lot to be occupied by the building when moved.
The highways or streets over, along or across which the building is proposed to be moved.
The proposed moving date and hours.
Any additional information which the Town shall deem necessary to properly safeguard the public safety and welfare.
If the building to be moved is located in the Town, the owner of the building shall file with the application sufficient evidence that all municipal taxes have been paid in full with respect to the lot from which the building is to be moved.
Proof of payment of all municipal taxes for the property on which the building is to be located shall be provided.
Certificate of ownership.
The applicant, if other than the owner of the property from which the building is being removed, shall file with the application a written statement or bill of sale signed by the owner or other sufficient evidence that the applicant is entitled to move the building.
Proof of ownership of the lot onto which the building is to be located or permission of the owner of said lot to permanently locate the building on said lot shall be provided.
Certificate of telephone company and electric company. The applicant shall file with the application a written statement signed by the appropriate utility companies indicating that satisfactory arrangements have been made covering the relocation of the utilities.
Certificate of insurance. Each application shall be accompanied by a certificate of insurance, in a form approved by the Town Attorney and issued by an insurance company authorized to do business in this state, running to the Town and guaranteeing that the applicant has provided public liability coverage of $1,000,000 and property damage insurance in the amount of $250,000 to save the Town harmless from all claims, actions and proceedings brought by any person for injury to person or property resulting from or occasioned by any fault or default by the Town, its employees or agents or by the person to whom the permit is issued or anyone acting thereunder on his/her behalf. The policy shall also protect the Town, in the sum of $250,000, against any damage caused to any street trees or other public property by reason of such moving.
The fee for such permit, and any security deposit required hereunder, shall be as established from time to time by resolution of the Town Board.
In addition to the permit fee for moving buildings, the Town Board shall assess and receive, before the moving permit is issued, a sum of money sufficient to cover the cost of removing, repairing and replacing electric wires, street lamps, utility lines, fixtures, shade trees and any and all Town property which might be damaged or disturbed in the course of moving the building. Upon completion of the moving of the building, the Department of Public Works shall prepare a written statement of all expenses incurred in moving, repairing or replacing Town property damaged or disturbed in the course of moving the building. If the sum is less than the deposit made by the applicant, the excess sum shall be returned to the applicant. If the expenses exceed the deposit made by the applicant, the applicant shall be responsible to pay for such deficiency. All permit fees deposited with the application shall be retained by the Town.
If the building to be moved does not meet all the conditions and requirements of the laws, ordinances, rules and regulations of the Town, then the applicant must file with the Town Clerk an estimate, prepared by an engineer duly licensed under the laws of the State of New York, of the total cost of renovating, reerecting, modifying and completing other work necessary to bring said building up to the requirements of all the codes, laws, rules and regulations of the Town then in effect and shall post with the Director of Finance a letter of credit issued by a banking institution as defined by the laws of the State of New York, or a one-hundred-twenty-day completion bond issued by a bonding company licensed by the State of New York, in the full amount of said estimated cost. The letter of credit or bond must provide that, if said building as moved is not renovated, reerected, modified or otherwise completed in accordance with the codes, laws, rules and regulations of the Town in effect at the time of the move, within 90 days of the date on which said building is relocated, the Town is empowered to renovate, reerect, modify or complete any work necessary to bring said building into compliance with the codes, laws, rules and regulations of the Town in effect at the time of the move and to reduce the amount of the letter of credit or bond by said cost, plus any other costs incurred by the Town in bringing the building and site, including the original site of said building, into compliance with said Town laws and regulations.
[Amended 3-17-1992 by L.L. No. 1-1992]
Upon receipt of an application, it shall be the duty of the Department of Public Works and the Department of Public Safety to review the permit application and determine the feasibility of moving the building over the route described in the application. If the route is unsatisfactory, the Department of Public Works shall so notify the Town Board. It shall be the responsibility of the Building Inspector to examine the building to be moved and the location to which it is to be moved to determine if the building meets the building, fire, engineering and other applicable laws, rules and regulations of the Town, and to notify the Town Board.
After filing of the application and recommendations of the departments hereinbefore referred to, the Town Board shall set a public hearing to review the application and recommendations. In approving an application and issuing a permit, the Town Board may establish conditions to promote and protect the health, safety and general welfare of the Town and its inhabitants.
If, in the opinion of the Town, the moving of the building seems likely to cause unacceptable or excessive injury to property, trees, electric wires or otherwise cause hardship or inconvenience, is not conducive to public safety or welfare or is likely to cause personal injury, such permit may be refused, all fees and deposits returned, and the bonds canceled.
[Amended 3-17-1992 by L.L. No. 1-1992]
Any person convicted of violating any provision of this chapter or any amendment or supplement thereto shall be subject to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both. Each and every day such violation continues shall be considered a separate and specific violation of this chapter.