[Amended 5-14-1992]
This chapter shall be enforced by the Building
Inspector and such Assistant Building and Plumbing Inspectors as may
be appointed by the Town Board.
A.
No building or other structure shall be erected, moved,
reconstructed, extended, enlarged or structurally altered in the Town
of Somers (other than farm fences, arbors and similar minor structures,
to the extent not prohibited by this chapter) until a building permit
therefor has been issued by the Building Inspector.
B.
Application for a building permit shall be made to
the Building Inspector, in duplicate, on forms prepared by him and
shall be accompanied by a site plan, in duplicate, showing the actual
dimensions of the lot to be built upon, the exact size and location
on the lot of all buildings or structures already existing and to
be erected and all public service lines, septic tanks and other sanitary
facilities, each properly identified, and containing such other information
as the Building Inspector may deem necessary to determine conformity
with the provisions of this chapter.
C.
Before approving any application for a permit, the
Building Inspector may require a topographic survey showing at two-foot
intervals the contours of the lot, or, in the case of large lots,
of that area between the street and the proposed structure and extending
to each side and to the rear thereof as far as the Building Inspector
may deem necessary for the enforcement of this chapter.
D.
Upon the filing of such application, the applicant
shall pay to the Building Inspector a fee in an amount set by resolution
of the Town Board,[1] which shall be retained by the Town for its general purposes
irrespective of the action taken on such application, and no application
shall be deemed to have been received by the Building Inspector unless
accompanied by the payment of such fee.
[Amended 10-17-1991 by L.L. No. 7-1991]
[1]
Editor's Note: The current fee is set forth
in the fee schedule, which is on file in the office of the Town Clerk.
E.
Within a reasonable time after the filing of such
application, the Building Inspector shall act thereon, either approving
it or rejecting it, all in conformity with the provisions of this
chapter. If approved, one copy of such approved site plan shall be
returned to the applicant by the Building Inspector, together with
the applicant's copy of the approved permit, both of which shall be
retained by the owner and upon demand, at any reasonable time, shall
be exhibited by the owner to the Building Inspector or his Assistant.
[Amended 5-14-1992]
F.
A record of all permits issued and the duplicate copies
of each such permit and site plan shall be kept on file in the office
of the Building Inspector, and certified copies thereof shall be furnished
upon payment of a fee in an amount set by resolution of the Town Board[2] per permit or site plan.
[Amended 10-17-1991 by L.L. No. 7-1991]
[2]
Editor's Note: The current fee is set forth
in the fee schedule, which is on file in the office of the Town Clerk.
The Building Inspector shall, at reasonable
times, be permitted access to inspect premises, buildings or structures,
whether erected after the enactment of this chapter, already erected
or in course of erection, for the purposes of determining whether
or not the provisions of this chapter have been or are being complied
with.
A.
Upon the completion of any building or structure for
which a building permit was duly issued, the Building Inspector shall
make a final inspection thereof. If he shall find that the structure
complies in full with the provisions of this chapter or of any variance
therefrom, duly granted by the Board of Appeals, or any special permit
issued by such Board of Appeals and that a final certificate of approval
has been issued by the Westchester County Department of Health indicating
that all requirements of the Sanitary Code have been complied with,
the Building Inspector shall issue in the name of the owner a certificate
of occupancy, specifying in detail the provisions and conditions of
any special permit use or variance, and whether or not such variance
or variances constitute a nonconformity as to use.
B.
When the use of a building or other structure, which
was nonconforming as to use under the chapter, is changed to a use
which is in compliance with the provisions of this chapter, the Building
Inspector, after inspection of the premises and finding such compliance
to exist, shall issue the owner thereof a certificate of occupancy.
C.
Upon demand of the Building Inspector, at any reasonable
time, the owner's copy of any certificate of occupancy shall be exhibited.
It shall be unlawful to use or permit the use
of any building or premises or any part thereof, hereafter created,
erected, changed, moved, reconstructed, extended, enlarged or structurally
altered, in whole or in part, in its use or structure, until a certificate
of occupancy hereunder shall have been obtained.
A.
Any person desiring to obtain prima facie evidence that any building, structure or actual bona fide use by such applicant falls within the provisions of § 170-93 hereof may apply to the Building Inspector, in such manner as the Building Inspector may reasonably require, for the issuance of a certificate of lawful nonconformity. The fee for filing such application shall be an amount set by resolution of the Town Board.[1]
[Amended 10-17-1991 by L.L. No. 7-1991]
[1]
Editor's Note: The current fee is set forth
in the fee schedule, which is on file in the office of the Town Clerk.
B.
The Building Inspector, upon being satisfied that the building, structure or use described in such application falls within the provisions of said § 170-93, shall issue to such applicant a certificate of nonconformity, which certificate shall constitute prima facie evidence of the contents thereof.
C.
The Building Inspector shall keep a record of such
applications and certificates and shall issue certified copies of
such certificates upon payment of a fee in an amount set by resolution
of the Town Board[2] in each case.
[Amended 10-17-1991 by L.L. No. 7-1991]
[2]
Editor's Note: The current fee is set forth
in the fee schedule, which is on file in the office of the Town Clerk.
[Amended 2-13-1963]
A.
A violation of this chapter or any portion thereof is hereby declared to be an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation. Nothing herein contained shall in any way limit or effect the penalties, both civil and criminal, provided for in any ordinance enacted and in effect pursuant to § 130, Subdivisions 15 and 23, of the Town Law, applicable to the subject matter of § 170-61 of this chapter.
[Amended 1-30-1975]
B.
In the event that any building or structure is erected,
constructed, reconstructed, altered, converted or maintained or any
building, structure or land is used in violation of this chapter or
any amendment, supplement, modification or change, the Town Board
of the Town of Somers or any Town officer designated by said Town
Board or the Building Inspector, in addition to other remedies, may
institute any appropriate action or proceedings to prevent, restrain,
correct or abate such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use and to prevent, restrain,
correct or abate any occupancy of such building, structure or land
or illegal conduct, business or use in or about such premises.
[Amended 4-29-1965]
