[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.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
