It shall be unlawful for any person to move, or cause to be
moved, any building in, into, through, or from the Village without
first obtaining a permit therefor from the Village Clerk. Such permit
shall be known as a "house moving permit."
Any person desiring such a permit shall file with the Village
Clerk an application therefor in writing on a form to be furnished
by the Street Superintendent for that purpose. Such application shall
specify the following:
A.
The character and size of the building to be moved;
B.
The reason for such moving;
C.
The use, purpose and occupancy for which said building or structure
is to be used;
D.
The location from which and to which said building is to be moved;
E.
A plot plan showing the proposed location of the building upon the
property to which said building is to be moved, provided said location
is in the Village;
F.
The streets on, over or through which it is desired to move said
building;
Upon the filing of the application, the Street Superintendent
shall cause the Zoning Administrator, or other authorized representative
of the Village, to investigate the building and report to him the
results of such investigation, together with recommended action thereon.
A.
No person shall be issued a permit to move any building or structure,
in the opinion of the Street Superintendent:
(1)
Which is so constructed or in such condition as to be dangerous;
(2)
Which is infested with pests or unsanitary;
(3)
If it is a dwelling or habitation, which is unfit for human habitation;
(4)
Which is so dilapidated, defective, unsightly, or in such a condition
of deterioration or disrepair that its relocation at the proposed
site would cause appreciable harm to or be materially detrimental
to the property or improvements in the district within a radius of
1,000 feet from the proposed site;
(6)
If the structure is of a type prohibited at the proposed location
by any ordinance of the Village; or
(7)
If the moving of the building or structure causes unreasonable damage
to the trees, plants and/or shrubs on and along the public streets.
B.
Provided, however, that if the condition of the building or structure,
in the judgment of the Street Superintendent, admits of practicable
and effective repair, the permit may be issued upon the terms and
conditions as set forth herein.
When a house moving permit is granted, such terms and conditions
as may be deemed reasonable and proper may be imposed, including,
but not limited to, the public streets or other public property in
the Village on, over, or through which the building or structure shall
be moved, and the requirements of changes, alterations, additions
or repairs to be made to or upon the building or structure, to the
end that the relocation thereof will not be materially detrimental
or injurious to public safety or to public welfare or to the property
and improvements, or either, in the district to which it is to be
moved. Such terms and conditions shall be written upon the permit
or appended in writing thereto.
The applicant shall also deposit with the Village Clerk a cash
deposit sufficient to cover the cost to the Village, as estimated
by the Street Superintendent, of trimming, moving, removing or replanting
of trees or shrubs, and of moving, removing and displacing any pole
or other structure, supporting any wires, cables or other equipment
belonging to the Village or of cutting, displacing or changing the
location of any wire, cable or other equipment upon said poles or
structures belonging to the Village.
A.
Every person moving a building in the Village shall file with the
Village Clerk a liability insurance policy issued by a solvent corporation
holding a certificate of authority to do insurance business in the
state, which policy shall conform in all respects to the requirements
of this section.
B.
In lieu of filing the insurance policy herein referred to, a certificate
of insurance issued by an insurance corporation may be filed. The
certificate must show that a policy meeting the requirements of this
section has been issued, and shall set forth the expiration date of
said policy.
C.
The liability policy required under this section shall insure the
person moving a building against loss from the liability imposed by
law for injury to or death of any person, or damage to any property
growing out of the moving of such building to the amount or limit
of $50,000, exclusive of interest and costs, on account of injury
to or death of any one person, of $100,000, exclusive of interest
and costs, on account of moving any one building resulting in injury
to or death of more than one person, and of $25,000 for damage to
property of others resulting from moving any one building.
A.
Prior to the issuance of a permit to move a building, the owner or
lessee of the property upon which the building is to be located shall
file with the Zoning Administrator, or other authorized representative
of the Village, a corporate surety bond, conditioned as follows: that
all of the work required to be done to complete the relocation, alteration
and reconstruction of the building pursuant to the conditions of the
permit shall be fully performed and completed within a reasonable
time to be specified in the permit by the Zoning Administrator, or
other authorized representative of the Village. Such bond shall be
in principal amount equal to the estimated cost of the work proposed
to be done, plus 10% thereof, and shall name the Village as obligee,
and shall be in a form approved by the Village Attorney.
B.
In lieu of furnishing such a corporate surety bond, the owner or
lessee may post a cash deposit in the amount of said bond.
C.
An extension of time for the completion may be granted in writing
by the Zoning Administrator or other authorized representative of
the Village when, in his discretion, circumstances shall so justify,
but no such extension shall release any surety or other security.
A.
Prior to the issuance of a permit to move a building, the owner or
lessee of the property from which the building is to be moved shall
file with the Village Clerk a bond or other form of security in favor
of the Village, conditioned as follows:
(1)
Before any work is started on a building or structure, the permittee
or his authorized agent shall notify the appropriate utilities in
order that all gas, water and oil pipelines that are to be disconnected
from the building may be securely capped and sealed.
(2)
Immediately, after the moving of any building or structure, the permittee
or his authorized agent shall securely barricade all basement excavations
and other holes or openings.
(3)
Within 10 days after the moving of any building or structure, the
permittee or his authorized agent shall complete the following work:
(a)
Securely close and seal any sanitary piping located on the property.
(b)
Fill with dirt or sand any septic tanks or cesspools located
on the property.
(c)
Fill any openings, excavations or basements remaining on the
land with dirt or sand to street level or the natural level of adjoining
property, unless otherwise directed by the Street Superintendent.
(d)
Remove any buried underground tanks formerly used for storage
of flammable liquids.
(e)
Remove all refuse, debris and waste materials from the property.
B.
The bond required by this section shall be an amount equal to the
cost of the work proposed to be done, as estimated by the Street Superintendent.
C.
The bond may be in the form of a corporate surety bond, cash deposit,
savings and loan certificate, or an instrument of credit.
D.
An extension of time for completion of the work required by this
section may be granted by the Street Superintendent when, in his discretion,
circumstances justify such an extension; but no such extension shall
release any bond or other security furnished pursuant to this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
An inspection fee as set from time to time by the Board of Trustees
by resolution shall be paid to the Village Clerk upon filing of each
application for a house moving permit.
B.
A permit fee as set from time to time by the Board of Trustees by
resolution shall be paid to the Village Clerk upon the issuance of
each house moving permit.
The Street Superintendent shall approve the issuance of a house
moving permit when all the necessary requirements and conditions of
this article have been complied with. It shall then be the duty of
the Village Clerk to issue the permit.
The Street Superintendent, at any time and for sufficient cause,
may revoke or suspend any permit granted under this article.
Every building which is moved on, over, or through any public
street, way or park in the Village shall be under the control of the
Street Superintendent. Every such building shall be moved in a careful
manner and the work shall be prosecuted with diligence and to the
satisfaction and approval of the Street Superintendent. This section
in no way relieves the person having charge of the moving of any building
of his obligation to furnish proper supervision.
Notice must be given to both the Street Department and the Police
Department of the Village by the person or his representative to whom
the permit is issued not less than 48 hours nor more than 72 hours
before the actual work of moving a building or structure is to commence.
A.
Whenever a default has occurred in the performance of any term or
condition of any permit, written notice thereof shall be given to
the permittee by the Street Superintendent; said notice to state the
work to be done, the estimated cost thereof, and the period of time
deemed to be reasonably necessary to complete such work. After receipt
of such notice, the permittee must, within the time therein specified,
either cause the work to be done, or pay over to the Village Clerk
the estimated cost of doing the work, as set forth in the notice,
plus 10% of said estimated cost. Upon receipt of notice from the Village
Clerk that the permittee has deposited such money, the Street Superintendent
shall cause the required work to be performed and completed.
B.
If the permittee defaults, the Village shall have the option, in
lieu of completing the work required, to demolish the building or
structure and to clear, clean and restore the site or sites.
The streets over which any building or structure is to be moved
must be recommended by the Street Superintendent and the Chief of
Police to the Village Board for approval.
No person owning or having charge of the moving of any building
into, on, over, through, or from any public streets, ways or parks
in the Village shall permit said building to remain in any one location
on any such street, way or park for a period longer than 24 hours,
except by written permission obtained from the Chief of Police, or
to obstruct traffic on any railroad.
The person having charge of the moving of any structure shall
maintain proper lights and barricades whenever such structure is on
any public street, way or park during the hours of darkness.
A.
In the event that the moving of any building for which a permit shall
have been granted hereunder makes it necessary to move, remove or
displace any pole or other structure supporting the wires, cables
or other equipment of any public utility or of the Village, or to
cut, displace or change the location of any wire, cable or other equipment
upon said pole or structure, the person to whom such permit has been
granted, or his authorized representative, shall obtain permission
in writing from the owner or owners of such pole, structure or wires,
cables or other equipment thereon, and shall notify such owner or
owners at least 72 hours prior to the time that the moving of such
building will necessitate the removal of such obstructions.
B.
The person to whom the permit is granted shall not, at the expiration
of said time of notice or at any time, cut, move or in any way disturb
such public utility or Village property; and such work shall be done
only by the authorized workmen of the utility or the Village, whichever
is the owner.
C.
The person to whom the permit is granted shall pay to the public
utility, or to the Village, as the case may be, any and all costs
or expense for the removal, rearrangement or replacement of any pole
or structural support of wires, cables or equipment thereon or of
any damage to such property.
A.
In the event that the moving of any building for which a permit shall
have been granted hereunder makes it necessary to trim, move, remove
or replant any tree, plant or shrub belonging to or under the control
of the Village, the person to whom such permit has been granted or
his authorized representative shall notify the Street Superintendent
at least 72 hours prior to the time that the moving of such building
will necessitate the removal of such obstructions.
B.
The person to whom the permit is granted shall not, at the expiration
of the time of notice, or at any time, trim, move, remove, replant,
or otherwise disturb such trees, plants or shrubs; and such work shall
be done only by the authorized workmen of the Village unless otherwise
approved and so ordered by the Street Superintendent.
C.
The person to whom the permit is granted shall pay to the Village
any and all costs or expenses for the trimming, moving, removing or
replanting of any trees, plants or shrubs or of any damage thereto.
In the event that the moving of any building for which a permit
shall have been granted hereunder causes damage to the public streets
or other public property, in addition to any other remedies the Village
may have, the Street Superintendent may cause such damage to be repaired
and the cost thereof shall be deducted from the deposit required herein,
or he may require the person to whom such a permit has been granted,
or his authorized representative, upon written notification from the
Street Superintendent, to make all necessary repairs to such streets
or property; provided, however, that should the person to whom the
permit has been granted and to whom the notice has been given, or
his authorized representative, fail to make the necessary repairs
within the period of time designated in the written notice, the Street
Superintendent may cause such necessary repairs to be made and the
cost thereof deducted from the deposit required herein.
When the moving of any building for which a permit has been granted is completed, and all damage to public streets or other public property has been repaired to the satisfaction of the Street Superintendent, and all costs of repairing damages or performing other work as provided herein have been paid and the deposit as required by § 295-74, or such portion thereof then remaining unused under the provisions of this article, shall be refunded upon surrender of the deposit receipt representing the money so deposited. However, should the cost of repairing damages and/or performing other work, as in this article provided, exceed the total amount of money deposited, the person to whom the permit was granted shall be held liable for the amount of damage and/or other costs which are in excess of the amount deposited. It shall be the duty of the Village Clerk, upon receipt of the request from the Street Superintendent, to collect such part of the claim which is in excess of the deposit from the person to whom the permit was granted.
