[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repealed and reenacted in the same form 7-10-2006 by L.L.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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
