[HISTORY: Adopted by the Mayor and Council of Pocomoke City 8-26-1968 as Ch. 8 of the 1968 Code.
Amendments noted where applicable.]
No person shall move any building over, along or across any
street or alley in the City without first obtaining a permit from
the City Clerk.
A.
A person seeking issuance of a permit hereunder shall file an application
with the City Clerk, in writing, upon forms provided by the City.
The application shall set forth:
(1)
A description of the building proposed to be moved, giving street
number, construction materials, dimensions, number of rooms and conditions
of exterior and interior.
(2)
A legal description of the lot from which the building is to be moved,
giving the lot number and street name, if located in the City.
(3)
A legal description of the lot to which it is proposed that such
building be removed, giving lot number and name of street, if located
in the City.
(4)
The portion of the lot to be occupied by the building when moved.
(5)
The streets and alleys over, along or across which the building is
proposed to be moved.
(6)
Proposed moving date and hours.
(7)
Any additional information which the City Clerk finds necessary to
a fair determination of whether a permit should issue or not.
[Amended 1-20-1969 by Ord. No. 213]
Upon receipt of an application, it shall be the duty of the
City Clerk to procure from the Superintendent of Public Works an estimate
of the expense that will be incurred in removing and replacing any
electric wires, streetlamps or pole lines belonging to the City or
any other property of the City, the removal and replacement of which
will be required by reason of the moving of the building through the
City, together with the costs of materials necessary to be used in
making such removals and replacements. Prior to issuance of the permit,
the City Clerk shall require of the applicant a deposit of a sum of
money equal to twice the amount of the estimated expense.
[Amended 7-7-1980 by Ord.
No. 262, approved 7-7-1980]
An application hereunder shall be accompanied by a cash deposit
in the sum as shall be determined by the Council by resolution as
an indemnity for any damage which the City may sustain by reason of
damage or injury to any highway, street or alley, sidewalk, fire hydrant
or other property of the City which may be caused by or be incidental
to the removal of any building over, along or across any street in
the City and to indemnify the City against any claim of damages to
persons or private property and to satisfy any claims by private individuals
arising out of, caused by or incidental to the moving of any building
over, along or across any street in the City.
[Amended 1-20-1969 by Ord. No. 213]
The Superintendent of Public Works shall inspect the building
and the applicant's equipment to determine whether the standards
for issuance of a permit are met.
[Amended 1-20-1969 by Ord. No. 213]
The City Clerk shall refuse to issue a permit if the Clerk finds,
or if the Clerk is notified by the Superintendent of Public Works,
that:
A.
Any application requirement or any fee or deposit requirement has
not been complied with.
B.
The building is too large to move without endangering persons or
property in the City.
C.
The building is in such a state of deterioration or disrepair or
is otherwise so structurally unsafe that it could not be moved without
endangering persons and property in the City.
D.
The applicant's equipment is unsafe and that persons and property
would be endangered by its use.
E.
Other provisions of this chapter would be violated by the building
in its new location.
F.
For any other reason persons or property in the City would be endangered
by the moving of the building.
A.
Upon the refusal to issue a permit, the City Clerk shall return to
the applicant all deposits. However, the permit fee filed with the
application shall not be returned.
B.
After the building has been removed, the City Clerk shall furnish
the Council with a written statement of all expenses incurred in removing
and replacing all property belonging to the City and all material
used in the making of the removal and the replacement, together with
a statement of all damage caused to or inflicted upon property belonging
to the City. The Council shall authorize the City Clerk to return
to the applicant all deposits, after deducting the sum sufficient
to pay all of the costs and expenses and for all damage done to property
of the City by reason of the removal of the building. Permit fees
deposited with the application shall not be returned.
[Amended 1-20-1969 by Ord. No. 213]
[Amended 1-20-1969 by Ord. No. 213]
The City Clerk shall procure from the Superintendent of Public
Works a list of designated streets over which the building may be
removed. The City Clerk shall have the list approved by the Chief
of Police and shall produce the list upon the permit in writing. In
making their determination, the Superintendent of Public Works and
the Chief of Police shall act to assure maximum safety to persons
and property in the City and to minimize congestion and traffic hazards
on public streets.
Every permittee under this chapter shall:
A.
Move a building over only streets designated for such use in the
written permit.
B.
Notify the City Clerk, in writing, of a desired change in moving
date and hours as proposed in the application.
C.
Notify the City Clerk, in writing, of any and all damage done to
property belonging to the City within 24 hours after the damage or
injury has occurred.
D.
Comply with all other applicable ordinances and laws upon relocating
the building in the City.
E.
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.
[Amended 1-20-1969 by Ord. No. 213]
The City Clerk, the Police Department and the Superintendent
of Public Works shall enforce and carry out the requirements of this
chapter. The permittee shall be liable for any expense, damage or
cost in excess of the deposited amount, and the City Attorney shall
prosecute an action against the permittee in a court of competent
jurisdiction for the recovery of such excessive amounts.
[Amended 6-2-1997 by Ord.
No. 349]
Violation of this chapter shall be a municipal infraction and
shall be punishable by a fine as set forth in the Fees, Charges and
Rates Schedule, as adopted by resolution of the City Council from
time to time.[1]
[1]
Editor's Note: The current Fees, Charges and Rates Schedule
is on file in the City Clerk's office.
