[HISTORY: Adopted by the Borough Council of the Borough of Bay Head
12-18-1984 as § 9-4 of the 1984 Code. Amendments noted where applicable.]
A.
No building or other structure shall be removed from
one location to another except in accordance with a written permit first and
obtained pursuant to this chapter.
B.
No permit shall be issued except on written application
specifying the sites from and to which the building is to be moved and the
route. If the building is to be moved wholly over private lands, such permit
may be issued by the Construction Official.
If the moving will require the use of any part of any public street,
highway or land, the permit may be issued only by way of written resolution
duly adopted by the Mayor and Council. Such resolution shall contain such
conditions as the Mayor and Council may deem proper to protect borough property
and the public, including time limits and indemnity by way of bond or other
security, and no such resolution shall be effective until or unless the security
specified thereby has been deposited with and approved by the Municipal Clerk,
by his/her endorsement thereon to that effect.
A.
No permit whether issued by the Construction Official
or by the Mayor and Council shall be construed to authorize any invasion of
private property, nor to make the borough responsible in any manner for any
damage whatsoever, but the owner of the building and his contractor or other
persons engaged in the work shall be liable for any and all damages occasioned
to borough property, as well as to private property or persons. A fee shall
be charged for each moving permit, which shall be collected by the Construction
Official when the permit is issued by him and by the Municipal Clerk when
the permit is issued by resolution as aforesaid.
B.
In addition to the bond or other security required by
the provisions of this section, fees, in amounts as set forth in the fee schedule
on file at the office of the Municipal Clerk, in the case of a commercial
or multifamily dwelling or structure and in the case of a residential dwelling
or accessory structure, shall be tendered with the application for the removal
permit.
A.
Unless otherwise specified herein, for a violation of
any provision of this chapter, the maximum penalty, upon conviction thereof,
shall be a fine not exceeding one thousand dollars ($1,000.) or imprisonment
for up to ninety (90) days or a period of community service not exceeding
ninety (90) days, or any combination thereof. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
B.
All fines and penalties under this chapter may be paid
directly to the Municipal Court Administrator, unless otherwise indicated
by the officer issuing the summons.
