[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 11-18-1929; repealed and reenacted in the same form 7-10-2006 by L.L. No. 4-2006. Amendments noted where applicable.]
No person or persons, firm or corporation shall remove or transport in any manner whatsoever any building or other structure through, in, over and upon any public street, highway, lane, alley, sidewalk, public grounds, public place, park or parkways in the Village of Elmsford without written permission for that purpose first obtained from the Board of Trustees, and then only in accordance with the permission granted.
Any person desiring to procure a permit as herein provided shall file with the Village Clerk a written application. Such application shall contain name and residence of the owner of the building or structure to be moved, a description of the building or structure, the name and residence of the person desiring to move the same, the place to which it is to be removed by lot and block number, the street or streets over which it is proposed to move the same, the probable length of time to do so, the means and methods by which the same is to be moved and such other information as the Village Clerk shall require.
The Village Clerk shall refer such application to the Building Inspector and to the Chief of Police or other head of the Police Department of the Village of Elmsford, who shall inspect or cause to be inspected the building or structure to be moved, and to determine whether or not its removal shall violate any ordinance or laws applicable thereto, and whether it is desirable for the good government of the Village, the protection of its property, preservation of peace and good order, the preservation and protection of the public streets, safety and health of its inhabitants, protection of their property, to permit the removal of the same.
These officials shall furnish to the Village Clerk within two days, in writing, the information derived from such investigation, accompanied by a recommendation as to whether a permit shall be granted or refused.
The Village Clerk shall, upon the filing of the recommendation, refer the application and recommendation to the Board of Trustees at a regular meeting thereof for action thereon.
Following the filing of the application and recommendation as provided in the previous section, the Village Clerk may, after the approval of the application of the Board of Trustees, issue to the applicant, in writing, a permit, to be countersigned by the Mayor, to move the building or structure, provided that a surety company bond in the sum of $10,000, to be approved by the Corporation Counsel and conditioned that the applicant shall indemnify and hold harmless the Village of Elmsford, its officials, agents, servants and employees from any against all detriment, damages, application for such permit, or violation of any of the terms thereof or for violation of any of the rules thereof, regulations, ordinances, laws of the United States, State of New York or the Village of Elmsford or for any other reason which said Board of Trustees appears sufficient, other than the losses, claims, demands, expenses, costs, suits, proceedings or actions of every nature or description affecting the personal property which it or they may suffer, sustain or be object to either directly or indirectly, caused either wholly or in part by the reason of the granting or issuing of a permit for the removal of the building or structure, and will reimburse any person or persons entitled thereto or unto the Village of Elmsford, its attorneys, successors or assigns, any loss, damage or injury resulting to persons or property from the moving of said building or structure, and the value of any trees, hydrants, sidewalks, curbs, gutters, or to other public property that may be destroyed or damaged by the moving of said building or structure, and observe the provisions of the code of ordinances of the Village of Elmsford and the regulations made thereunder, and such other ordinances hereinafter passed and regulations made thereunder be furnished.
All permits shall be numbered in the order in which they are issued and shall state clearly the location, in lot and block number, of the building or structure to be moved, the place to which it is to be moved, by lot and block number, the date of issuance and expiration and the description, by name, of the streets over which the same is to be moved.
Every person to whom a permit is issued as aforesaid shall cause the building or structure to be entirely removed and placed upon the new location by the expiration of the limited time in such permit granted as aforesaid, or in the case of revocation of such permit, within 48 hours after personal notice of such revocation.
The Board of Trustees may, at any time after giving notice to the person holding the permit an opportunity to be heard, revoke any permit given as aforesaid for any false statement contained in any part so decided to be invalid or unconstitutional.
Notice of such hearing, and the reason or reasons thereof in writing signed by the Village Clerk, shall be served by the Police Department upon the person named in the application and permit by mailing the same to the address given in the application or by personal service of the same.
The members of the Police, Fire and Health Departments shall have access at all times to the building or structure for the purpose of investigating any complaint or enforcing any law, ordinance or regulation relating thereto.
No right or remedy of any character shall be lost, impaired or affected by reason of this chapter. Neither shall it affect or impair any right incurred or acquired, nor any penalty incurred prior to the time the same shall take effect.
[Amended 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006]
Any person or persons, firm or corporation violating this chapter or any part thereof shall be liable to a penalty of $500 for each offense.