[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown at time of adoption of Code 5-6-1991 by
L.L. No. 5-1991 (see Ch. 1, General Provisions, Art. III). Amendments
noted where applicable.]
For the purposes of this chapter, the following
words shall have the following definitions:
A structure designed, built or occupied as a shelter or roofed
enclosure for persons, animals or property and used for residential,
business, mercantile, storage, commercial, industrial, institutional,
assembly, educational or recreational purposes. A structure of the
following dimensions shall not fall within this definition: a structure
which is less than eight feet wide in any side horizontal dimension,
and its height does not interfere with existing overhead power lines
but in no case exceeds eight feet, and its weight is not greater than
2,500 pounds. This definition shall include factory-manufactured buildings.
The Code Enforcement Officer for the Village of Tarrytown.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Village of Tarrytown, County of Westchester, State of
New York.
No person shall move any building over, along
or across any highway, street or alley in the Village of Tarrytown
without first obtaining a permit from the Code Enforcement Officer,
in addition to any permits required by Westchester County and the
New York Department of Transportation.
A person seeking issuance of a permit hereunder
shall file an application for such permit with the Code Enforcement
Officer.
A.
Form. The application shall be made in writing upon
forms provided by the Code Enforcement Officer and shall be filed
in the office of the Code Enforcement Officer.
B.
Contents. The application shall set forth:
(1)
A description of the building proposed to be moved,
giving street number, construction materials, dimensions, number of
rooms and condition of exterior and interior.
(2)
A legal description of the lot from which the building
is to be moved, giving the lot and block number if located in the
village.
(3)
A legal description of the lot to which it is proposed
such building be removed, giving the lot and block number if located
in the village.
(4)
The portion of the lot to be occupied by the building
when moved.
(5)
The proposed moving date and hour.
(6)
Complete names and addresses of all persons involved
in such moving and a complete list of all telephone numbers where
all such persons can be contacted 24 hours of the day for the entire
period of the moving in the Village of Tarrytown.
(7)
Any additional information which the Code Enforcement
Officer shall find necessary to a fair determination of whether a
permit should issue.
C.
Accompanying papers.
(1)
Tax certificate. The owner of the building to be moved
shall file with the application sufficient evidence that all taxes
and any village charges against the same are paid in full.
(2)
Certificate of ownership and entitlement. The applicant,
if other than the owner, shall file with the application a written
statement or bill of sale signed by the owner or other sufficient
evidence that he is entitled to move the building.
(3)
Disconnecting utilities. The applicant shall submit
evidence that all utility services, including water, gas, electricity
and sewer, have been disconnected.
Upon receipt of an application, it shall be
the duty of the Code Enforcement Officer to procure from the Village
Department of Public Works an estimate of the expense that will be
incurred in removing and replacing any electric wires, street lamps,
sewer lines or pole lines belonging to the village or any other property
of the village, the removal and replacement of which will be required
by reason of the moving of the building through the village, together
with the cost of materials necessary to be used in making such removals
and replacements. Prior to issuance of the permit, the Code Enforcement
Officer shall require of the applicant a deposit of a sum of money
equal to the amount of the estimated expense.
An application hereunder shall be accompanied
by an insurance policy issued by an insurance company authorized to
do business in the State of New York, and in form approved by the
Village Attorney, providing personal and property liability coverage
in the respective amounts as follows: for property damage, $1,000,000
per individual and $1,000,000 per occurrence; and for personal injury,
$1,000,000 per individual and $1,000,000 per occurrence. Said policy
shall name the Village of Tarrytown as a coinsured along with the
applicant and provide indemnification of the village against any claim,
alleged or otherwise, of damages to persons or private property arising
out of, caused by or incidental to the moving of any building over,
across or along any street of the village.
A.
Fees and deposits.
(1)
Deposit. The Code Enforcement Officer shall deposit
all fees and deposits with the Village Treasurer.
(2)
Return upon allowance for expense. After the building
has been removed, the Code Enforcement Officer shall furnish the Board
of Trustees with a written statement of all expenses incurred in removing
and replacing all property belonging to the village and of all material
used in the making of the removal and replacement, together with a
statement of all damage caused to or inflicted upon property belonging
to the village. The Board of Trustees shall authorize the Code Enforcement
Officer to return to the applicant all deposits after the Village
Treasurer deducts the sum sufficient to pay for all the costs and
expenses and for all damage done to property of the village by reason
of the removal of the building. Permit fees deposited with the application
shall not be returned.
B.
Designate streets for removal. The Code Enforcement
Officer shall procure from the Village Department of Public Works
a list of designated streets over which the building may be moved.
The Code Enforcement Officer shall have the list approved by the Chief
of Police and Fire Chief and shall reproduce the list upon the permit
in writing. In making their determinations, the Village Department
of Public Works, the Chief of Police and the Fire Chief shall act
to assure maximum safety to persons and property in the village and
to minimize congestion and traffic hazards on public streets.
C.
Trees and damage to the village. Upon completion of the application
to the Code Enforcement Officer, he will, with the Superintendent
of Public Works or their designee, and a qualified tree surgeon, inspect
the route as designated to ascertain the extent of the damage, if
any, to the trees or any other public damage to property along said
route, and if the Code Enforcement Officer, in his discretion, finds
that there will be or could be an excessive or undue amount of damage,
he is hereby empowered to deny the application. The applicant may
then take the matter to the Board of Trustees of the Village of Tarrytown
for further consideration. If there are parts of a tree to be removed
or any damage occurs to any tree, then the removal must be done by
a qualified tree surgeon, and any damage must be corrected and properly
treated by a qualified tree surgeon. The cost of said tree surgeon
for the inspection, removal and treatment must be paid for by the
applicant.
[Amended 9-16-2019 by L.L. No.
9-2019]
Every permittee under this chapter shall:
A.
Use designated streets: move a building only over
streets designated for such use in the written permit.
B.
Notification of revised moving time: notify the Code
Enforcement Officer, in writing, of a desired change in moving date
and hours as proposed in the application.
C.
Notification of damage: notify the Code Enforcement
Officer, in writing, of any and all damage done to property belonging
to the village within 24 hours after the damage or injury has occurred.
D.
Display 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 shall
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; and before a building shall be permitted
to stand on any street, approval of the location shall be secured
from the Chiefs of the Police and Fire Departments of the village.
However, no building shall remain on any street in the Village of
Tarrytown unless and until it has the specific approval to so remain
by the Chief of Police and Fire Chief, and the applicant must be notified
and receive the approval by said Chiefs on or before 2:00 p.m. of
the night on which the applicant is going to leave the building standing
on the street. Should permission not be granted, in writing, from
said Chiefs and the applicant does leave said building on the streets,
then the village shall have the right to immediately take the necessary
steps to remove the building, and all costs, charges and fees incurred
thereby shall be chargeable to the applicant.
E.
Street occupancy period: remove the building from
the village streets after two days of such occupancy unless an extension
is granted by the Board of Trustees.
G.
Clearing old 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;
provided, however, that before the excavation is filled, the cellar
bottom shall be removed and all cesspools, septic tanks and cisterns
shall be properly filled.
A.
Enforcing officers. The Code Enforcement Officer and
the Police Department shall enforce and carry out all the requirements
of this chapter.
B.
Permittee liable for expense above deposit. The permittee
shall be liable for any expense, damages or costs in excess of deposited
amounts or securities, and the Village Attorney shall prosecute an
action against the permittee in a court of competent jurisdiction
for the recovery of such excessive amounts.
C.
Original premises left unsafe. The village 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 charged
against the cash deposit.
A.
Penalties shall be as provided in Chapter 1, General Provisions, Article II. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
