[HISTORY: Adopted by the Board of Trustees
of the Village of Island Park 9-13-1951 by Ord. No. 9. Amendments noted where
applicable.]
No person or persons shall move or cause to
be moved or superintend the moving of any building or part thereof
along or over any public street, sidewalk or place within the Village
of Island Park without a permit therefor having been obtained from
said Village. It shall be unlawful to move any building or part thereof,
or to cause the same to be moved or to superintend the moving of the
same along or over the streets, sidewalks or public places not specified
in said permit or at times not specified in said permit.
Any person desiring to procure a permit shall
file with the Village Clerk within 30 days before the time proposed
to begin such work a written application which shall state:
A.
The name and address of the person applying; if a
corporation, the names and addresses of the officers thereof.
B.
The name and address of the person proposing to do
the actual moving; if a corporation, the names and addresses of the
officers thereof.
C.
The names of the streets, sidewalks or public places
along and over which the building is to be moved and the exact route
to be followed.
D.
The time when the moving is to be done.
E.
The exact location of the building sought to be moved
at the time of the making of the application so that the same may
be inspected.
F.
Any other information deemed relevant by the Board
of Trustees or its duly designated representative.
A.
Upon filing
the application, together with the security and fee hereinafter specified,
the Board of Trustees shall, in its discretion, grant or refuse to
grant a permit. The Village Clerk shall notify the applicant of the
Board's decision.
B.
No permit
shall be issued unless the following conditions are met:
(1)
A fee as set from time to time by the Board of Trustees
shall accompany the application for each building sought to be moved.
In the event of a refusal of a permit, this fee shall be returned
to the applicant.[1]
(2)
An insurance policy to be approved by the Board of
Trustees shall be filed with the Village Clerk indemnifying the Village
against any damage to or claims filed by any person or persons. Said
policy shall contain personal liability limits of $1,000,000 and property
damage limits of $10,000.[2]
(3)
Cash or certified check in the sum of $1,000 or a
bond of a surety company in like amount, to be approved by the Board
of Trustees, shall be filed with the Village Clerk. If a bond is filed,
it shall be conditioned upon the moving of the building in such a
manner as not to cause any damage to the property of the Village.
If cash or a certified check is deposited, the same shall be returned
to the applicant, upon completion of the moving, if the Building Inspector,
after investigation, certifies that no damage has been done.
(5)
In case of moving a building or part thereof into the Village, the building, in the condition it is sought to be moved, must be in such condition as to comply with the provisions of Chapter 625, Zoning, relating to its structure, materials and safe condition at the time the application is filed. The applicant shall advise the Village Clerk of this location of the building at the time of the filing of the application and make possible the inspection of the same, prior to the moving by the Board of Trustees or its duly designated representative.
(6)
In case of moving a building or part thereof into
the Village, the applicant shall file with the Village Clerk a faithful
performance bond in a sum designated by the Board of Trustees, and
in no event in a sum less than the value of the finished building,
plus the cost of removal thereof outside of the Village limits, guaranteeing
the completion of the building according to the terms of the building
application and permit and in conformity with the laws of the Village
and the laws of the State of New York and County of Nassau, within
a period of four months from the date of the granting of a permit.
Said bond shall also guarantee that in the event of a failure to comply,
the building shall be removed from the Village limits within 30 days
of demand by the Board of Trustees, after notice of violation has
been served upon the applicant or his agent.
C.
The Board of Trustees may grant a permit with such
conditions as are reasonably fair and necessary under the existing
facts and circumstances, and may impose safeguards not limited to
the provisions of this chapter.
Any person committing an offense against this
article shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a period not exceeding 15 days for each
offense, or by both such fine and imprisonment.
