No dwelling house, building, shed or other structure
shall be moved along or across the public streets or highways of the
City except under written permit granted by the Building Inspector.
No moving permit shall be granted except under
the conditions herein set forth.
The Building Inspector shall have full power
and discretion to refuse a moving permit should he deem the granting
thereof injurious to the interests of the public. Any person to whom
such permit is refused by the Building Inspector may appeal to the
Mayor, and the decision of the Mayor will be final and binding as
to the issuance of such permit.
Any person desiring to move any dwelling house,
building, shed or other structure along or across any of the public
streets of the City may make application to the Building Inspector
for a permit therefor. Said application shall be in writing and shall
state the location by street and number of the structure to be moved,
the location to which it is desired to be moved and the street or
streets through or across which the structure is to be moved, together
with the distance in feet between said points. The application shall
also be accompanied by a diagram of the building to be moved with
the dimensions thereof written thereon.
The applicant for a moving permit shall also,
previous to making the application, deposit with the City Treasurer
the sum of $25, together with an additional $10 for each 1,000 feet
or fraction thereof the building is to be moved, and shall attach
the receipt thereof to the application.
The Building Inspector shall, upon receiving
an application for a moving permit, direct the City Engineer to make
or cause to be made a survey of the proposed route over which the
building is to be moved, said survey taking into consideration the
width of the carriageway and the condition of the street or streets
as regards traffic, wires, trees, railroad tracks or other fixtures
liable to be interfered with by the moving of the building. Upon the
completion of said survey, the City Engineer shall report the results
thereof to the Building Inspector, together with an estimate of the
amount of the probable damage to shade trees as well as an estimate
of the cost of removing poles, crossarms, telegraph, telephone, electric
light, police or fire alarm wires. The cost of making such survey
and estimate shall be paid by the City Treasurer out of the moneys
received with the application for permit, on the written order of
the Building Inspector, and the unexpended balance of such moneys,
if any, shall, after the building shall have been moved or the application
of a permit refused, be returned to the applicant on the written order
of the Building Inspector.
Before the delivery of a permit required by
this article, the Building Inspector shall require from the applicant
a bond to be approved in all particulars by the Corporation Counsel
with two or more sureties who shall justify, in double, the amount
of payable costs and damages as estimated by the City Engineer as
set forth, conditioned that the party to whom such permit is issued
shall strictly observe the terms of the permit and reason of the removal
of said building or structure. The ownership of shade trees along
the line of the street is, for the purpose of this article only, declared
to be vested in the owner of the lot in front of which they stand,
subject to the right of control on the part of the City.
Should the Building Inspector, in his discretion,
grant the permit for which application is made, said permit shall
be made out in duplicate and shall be signed by the Building Inspector
and endorsed as accepted by the applicant. The Building Inspector
shall retain an original copy. The permit shall be substantially in
the following form:
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Schenectady, N.Y.
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............... 20....
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Permission is hereby given to ...................
to remove the Building No. ...... Street to ...... Street, along ...................
Streets, in the City of Schenectady, N. Y., and the same is not to
blockade the traffic of said street along which said building is being
moved.
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This permission is given with the
distinct understanding that whatever damage, if any, done or occasioned
to any electric light, telephone, telegraph or other wires strung
in said street or to any poles or standards in said streets or to
the street pavement, sidewalk or curb in the streets or to any other
appurtenance or thing in said street, by reason of the moving of said
building or structure, shall be borne by the person to whom this permission
is given, or the owners of the said building or structure, or either
of them.
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It is further hereby expressly agreed
by the party soliciting and obtaining this permission or the owner
of said buildings or structure, or either of them, that all claims
of every name, nature and kind that may arise or accrue by the removal
of said building or structure shall be borne by and liquidated by
them, or either of them, and that they, or either of them, will save
the City of Schenectady harmless from any claim or damage occasioned
by much removal.
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All rubbish and material shall be
promptly removed and the carriageway and sidewalks carefully cleaned.
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At night one or more lighted lanterns
are to be placed and maintained so as to give sufficient notice of
the obstruction. The work of the moving of said building shall be
pushed forward with as great a speed as possible.
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This permit is given subject to
police control and revocation, at any time, by the Building Inspector.
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Building Inspector
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No person to whom a permit for moving a building
has been granted shall have the right to break or cut the branches
of any tree along the line of the street without the written permission
of the owner or to remove or lift any pole or wire except in the presence
of the owner thereof, who may, should he see fit, cause the same to
be removed or lifted by his own employees at the expense of the party
to whom said permit is issued. Should the owner of said shade trees
above referred to refuse to grant such permission to cut or remove
limbs or branches, the Building Inspector shall examine or cause to
be examined the trees in question, and should he decide that the cutting
of the branches is both expedient and necessary, he may fix the amount
of compensation to be paid to the owner and, after said amount of
compensation shall have been paid by the party to whom said permit
is issued, grant a written permit to remove the limbs or branches
in question.
