[HISTORY: Adopted by the Commissioners of the Town of Princess Anne 12-4-1991 as Ch. V, Art. 3 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 52.
Streets and sidewalks — See Ch. 135.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
A structure designed, built or occupied as a shelter or a roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure having dimensions of less than 20 feet by 20 feet at the base or having a height less than 15 feet shall not fall within the meaning of this definition.
No person shall move any building over, along or across any highway, street or alley in the town without first obtaining a permit from the Town Manager.
A. 
A person seeking issuance of a building moving permit shall file an application for such permit with the Town Manager.
B. 
Form. The application shall be made, in writing, upon forms provided by the Town Manager and shall be filed in the office of the Town Manager.
C. 
Contents. The application shall set forth the following:
(1) 
A description of the building proposed to be moved, giving the street number, construction materials, dimensions, number of rooms and the condition of the exterior and interior.
(2) 
A legal description of the lot from which the building is to be moved, giving the lot, block and tract number if located in the town.
(3) 
A legal description of the lot to which it is proposed such building be removed, giving lot, block and tract number if located in the town.
(4) 
The portion of the lot to be occupied by the building when moved.
(5) 
The highways, streets and alleys over, along or across which the building is proposed to be moved.
(6) 
The proposed moving date and hours.
(7) 
Any additional information which the Town Manager shall find necessary to reach a fair determination of whether a permit should be issued.
D. 
Accompanying papers.
(1) 
Tax certificate. The owner of the building to be moved shall file sufficient evidence with the application that the building and lot from which it is to be removed are free of any entanglements and that all taxes and any town charges against the same are paid in full.
(2) 
Certificate of ownership or entitlement. The applicant, if other than the owner, shall file a written statement or bill of sale signed by the owner with the application or other sufficient evidence that he/she is entitled to move the building.
A. 
Permit fee. The application shall be accompanied by a permit fee in the amount as set by the President and Commissioners of Princess Anne by resolution from time to time.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
General deposit. An application hereunder shall be accompanied by a cash deposit or bond in the sum of $5,000 minimum as an indemnity for any damage which the town may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire hydrant or other property of the town which may be caused by or be incidental to the removal of any building over, along or across any street in the town and to indemnify the town 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 town.
(1) 
Bond in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Town Manager a bond, approved as to form by the Town Attorney, executed by a bonding or surety company authorized to do business in the State of Maryland, in the amount of not less than $5,000 conditioned upon the assurance that this chapter and other applicable ordinances and laws will be complied with. Such bond shall be used by the town for the benefit of any person or persons intended to be protected thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages or losses resulting from any malfeasance, misfeasance or nonfeasance or negligence in connection with any of the activities or conditions upon which the permit applied for is granted.
(2) 
Insurance policy in lieu of deposit. Any person filing an application hereunder may, in lieu of the general cash deposit required above, file with the Town Manager a liability insurance policy, issued by a insurance company authorized to do business in the State of Maryland and approved as to form by the Town Attorney, in the same amount and providing the same protection as would be required for a bond hereunder.
A. 
Inspection. The Town Manager shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met.
B. 
Standards for issuance. The Code Enforcement Officer shall refuse to issue a permit if he/she finds that:
(1) 
Any application requirement or any fee or deposit requirement has not been complied with.
(2) 
The building is too large to move without endangering persons or property in the town.
(3) 
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 town.
(4) 
The building is structurally unsafe or unfit for the purpose for which moved if the removal location is in the town.
(5) 
The applicant's equipment is unsafe and that persons and property would be endangered by its use.
(6) 
Zoning or other ordinances would be violated by the building in its new location.
(7) 
For any other reason persons or property in the town would be endangered by the moving of the building.
A. 
Deposit. The Town Manager shall deposit all fees and deposits and all bonds or insurance policies in the town office safe.
B. 
Return upon nonissuance. Upon his/her refusal to issue a permit, the Town Manager shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned.
The Town Manager shall designate the streets over which the building may be moved, and, in making his/her determination, he/she shall act to assure maximum safety to persons and property in the town and to minimize congestion and traffic hazards on public streets.
Every permittee under this chapter shall:
A. 
Use of designated streets. Move a building only over streets designated for such use in the written permit.
B. 
Notification of revised moving time. Notify the Town Manager, in writing, of a desired change in moving date and hours as proposed in the application.
C. 
Notification of damage. Notify the Town Manager, in writing, of any and all damage done to property belonging to the town within 24 hours after the damage or injury has occurred.
D. 
Display of lights. Cause red lights to be displayed during the nighttime on every side of the building, while standing on a street, in such a manner as to warn the public of the obstruction and at all times erect and maintain barricades across the streets in such a manner as to protect the public from damage or injury by reason of the removal of the building.
E. 
Street occupancy period. Remove the building from the town streets after four days of such occupancy, unless an extension is granted by the Town Manager.
F. 
Compliance with governing law. Comply with the Building Code, the Fire Code, Chapter 163, Zoning, and all other applicable ordinances and laws upon relocating the building in the town.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Payment of traffic officer. Pay the expense of a traffic officer ordered by the Town Manager to accompany the movement of the building to protect the public from injury.
H. 
Restoration of premises. 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.
I. 
Removal of service connections. See that the sewer line is plugged with a concrete stopper and that water is shut off and the water meter is returned to the town office. The permittee shall notify the gas and electric service companies to remove their services.
A. 
Enforcing officers. The Town Manager and the Police Department shall enforce and carry out the requirements of this chapter.
B. 
Liability for additional expenses. The permittee shall be liable for any expenses, damages or costs in excess of deposited amounts or securities, and the Town Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.
C. 
Unsatisfactory restoration of original premises. The town shall proceed to do the work necessary to leave the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this chapter, and the cost thereof shall be collected in the same manner as taxes.
A violation of this chapter shall be declared to be a municipal infraction and shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-8 of this Code.