[HISTORY: Derived from Sec. 50 of Ch. IV of the Charter and
Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
Subject to the applicable provisions of the Building and Zoning
Ordinances, no building shall be moved upon, over or across any of
the public streets or places within the City unless a permit is obtained
therefor as hereinafter provided.
A.
Any person desiring to move a building upon, over or across any of the public streets or places within the City shall present to the Common Council a verified petition setting forth the location of the premises before and after removal of the building; a description of such building, indicating the size, kind of construction and value and the proposed route over which said building is to be moved. Such petition shall be referred to the Commissioner of Public Works, and he shall report to the Common Council whether the building is of sufficient value to warrant moving and whether it can be moved as proposed or by any other route without injury to adjoining property or to any wires or other property of the City or of a public utility company or the trees or property legally in or upon the streets along, through or across which it is proposed to pass. Upon the consent of the Common Council and upon the payment of a fee as provided in Chapter 175, Fees, the Commissioner of Public Works may grant a permit to such person to move such building through the streets designated in said permit; and the work of moving shall be done in all respects under the direction of the Commissioner of Public Works.
B.
Except as prohibited or otherwise regulated by law, where, in the opinion of the Commissioner of Public Works, it is possible to move a building or a structure through any public street by means of a wheeled vehicle without injury to adjoining property or to any wires or other property of the City or of a public utility company or the trees or property legally in or upon streets along, through or across which it is proposed to pass, the Commissioner of Public Works may issue a permit to move any such building or structure without the consent of the Common Council upon the payment of a fee as provided in Chapter 175, Fees. Written application shall be made to the Commissioner of Public Works for the aforesaid permit to move a building or structure by means of a wheeled vehicle, as aforesaid, giving details similar to those required for the above-mentioned petition addressed to the Common Council.
Before the issuance of any permit pursuant to this chapter,
the applicant thereof shall file a bond in the sum of ten thousand
dollars ($10,000.), protecting the City against loss and damage, claims,
liens, proceedings and actions by reason of such use of the streets
and public places, or a policy of liability insurance or evidence
thereof insuring the City against loss or damage by reason of use
of such streets and public places and indemnifying the City against
property damage claims in the sum of ten thousand dollars ($10,000.)
and against claims up to ten thousand dollars ($10,000.) for injury
to one (1) person and up to twenty-five thousand dollars ($25,000.)
for injury to more than one (1) person. Said bond or policy shall
be approved as to form by the Corporation Counsel and as to sufficiency
by the Comptroller. At the discretion of the Commissioner of Public
Works, he may require said bond or policy of liability insurance to
be in amounts greater than herein provided. No fee, bond or policy
of liability insurance, as stated herein, shall be required for the
moving of election booths and other movable City or county
buildings or structures.
The words "public street," as used herein, shall be deemed to
include park approaches and public grounds.
The consent of the Common Council shall not be granted to move
any building into the district bounded as follows: beginning at the
foot of Michigan Avenue and running thence north along Michigan Avenue
to Goodell Street, thence west along Goodell Street to Ellicott Street;
thence north along Ellicott Street to Dodge Street; thence west along
Dodge Street to Main Street; thence north along Main Street to Ferry
Street; thence west along Ferry Street to Richmond Avenue; and thence
along Richmond Avenue and Rhode Island Street to the Niagara River.
Before a permit for the moving of a house or building is granted,
there shall be deposited with the City of Buffalo, Division of Forestry,
a sum estimated to cover the cost of tree removing or trimming done
by the City, or the applicant may have the work of tree removing or
trimming done at his own expense by private contractors under the
immediate jurisdiction and subject to the inspection and approval
of the Division of Forestry.
