[HISTORY: Adopted by the Board of Trustees of the Village of Fort
Plain at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Amendments noted where applicable.]
No dwelling, house, barn, outbuilding or other like structures shall
be moved upon any street, highway or public place within the village unless
a written permit shall first be obtained for such purpose from the Village
Clerk as hereinafter provided. It shall be unlawful to move the same without
such permit or at any time or in any manner, except as prescribed in such
permit.
A person seeking issuance of a permit hereunder shall file an application
for such permit with the Village Clerk as follows:
A.
Form. The application shall be in writing upon forms
provided by the village and shall be filed in the office of the Village Clerk.
B.
Content. The application shall set forth:
(1)
The name and address of the applicant.
(2)
A description, with photographs, of the building proposed
to be moved, giving the street number, construction, materials, dimensions,
number of rooms and condition of the exterior and interior.
(3)
The highways or streets over, along or across which the
building is proposed to be moved.
(4)
The proposed moving date and hours.
(5)
Any additional information which the village shall deem
necessary to properly safeguard the public safety and welfare.
C.
Accompanying papers.
(1)
Tax certificate.
(a)
If the building to be moved is located in the village,
the owner of the building shall file with the application sufficient evidence
that all municipal taxes have been paid in full with respect to the lot from
which the building is to be moved.
(b)
Proof of payment of all municipal taxes for the property
on which the building is to be located shall be provided.
(2)
Certificate of ownership.
(a)
The applicant, if other than the owner of the building,
shall file with the application a written statement or bill of sale signed
by the owner or other sufficient evidence that the applicant is entitled to
move the building.
(b)
If the structure is being moved to a lot within the village,
proof of ownership of the lot onto which the building is to be located or
permission of the owner of said lot to permanently locate the building on
said lot shall be provided.
A permit for such purpose shall be issued by the Village Clerk only
upon the Village Code Enforcement Officer's approving the same and shall
provide the time, manner and streets through which the same shall be moved
and shall contain any other conditions deemed necessary to properly safeguard
the public safety or welfare.
Every application for a permit hereunder shall be accompanied by the
appropriate fee as set forth by resolution of the Village Board and by a certificate
of insurance, in a form approved by the Village Attorney and issued by an
insurance company authorized to do business in this state, running to the
village, guaranteeing that the applicant has provided public liability coverage
for bodily injury in the amount of not less than $1,000,000/$2,000,000 and
for property damage in the amount of not less than $100,000/$300,000 to save
the village harmless from all claims, actions and proceedings brought by any
person for personal injury, property damage or injury to property resulting
from or occasioned by any default by the village, its employees or agents
or by the person to whom the permit is issued or anyone acting thereunder.
The policy shall also protect the village in the sum of $100,000 against any
damage caused to any street, trees, sidewalks, wires or other public property
by reason of such structure moving.
If, in the opinion of a Code Enforcement Officer of the village, the
moving of the structure seems likely to cause injury to property, trees, electric
wires or otherwise cause hardship or inconvenience or seems to be not conducive
to public safety or welfare, such permit may be refused, the deposit fees
returned and the bonds canceled. The Code Enforcement Officer(s) may modify
the proposed route and grant the permit for the route as modified.
There is excepted from the requirements of this chapter the moving of
any building or structure located entirely within any motor vehicle or on
any such vehicle where such building or structure does not overhang or extend
outside such vehicle.
Any person convicted of a violation of this chapter shall be fined not
more than $250 or be imprisoned for a term of not more than 15 days, or both,
such penalty to be in addition to any other remedy permitted by this chapter
and by statute and not exclusive thereof.
