Town of Thompson, NY
Sullivan County
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Table of Contents
Table of Contents
A. 
The provisions of this Part 1 shall be administered and enforced by the officers and employees of the Building Department and the Enforcement Officer, who shall be appointed by the Town Board, and shall have the following powers, necessary to carry out his duties:
(1) 
To make inspections of buildings or premises.
(2) 
To issue summonses and appearance tickets.
(3) 
To file criminal informations.
(4) 
To commence actions in a court of competent jurisdiction for injunctive or such other relief as is appropriate.
B. 
It shall be the duty of the officers and employees of the Building Department to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. They shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of their Department and shall be available for use by the Town Board and other officials.
C. 
The officers and employees of the Building Department shall not issue a permit for the construction of any building or use of any property unless such building, property or use conforms to all other local laws and ordinances of the Town.
[1]:
Editor's Note: Throughout this chapter, references to the "Zoning and Building Officer," "Zoning and Building Inspector" and "Building Inspector" were amended to read "officers and employees of the Building Department" 10-21-2003 by L.L. No. 7-2003.
A. 
It shall be unlawful to remove any trees or brush from an area exceeding 10% of the area of a parcel of land, to commence grading or excavation or any construction of any building or structure, or to move or alter any building or structure, until the officers and employees of the Building Department have issued a permit for such work.
B. 
Every application for a building permit shall be accompanied by a dimensioned sketch or plan drawn to scale, indicating the shape, size, height and location in exact relation to all property lines and street lines of all buildings or structures to be erected, altered or moved and of any building or structure already on the lot. Said sketch or plan, except in the case of an application for an addition or alteration to an existing farm use or structure located not closer than 300 feet to any property line, shall be certified to the Town of Thompson by a qualified engineer or land surveyor that the lines of all bounding public streets have been accurately located. The applicant shall also state the existing or intended use of all buildings or structures and supply other information as may be required by the officers and employees of the Building Department to ensure that the provisions of this Part 1 are being observed. If the details of the proposed application are in conformity with the provisions of this Part 1 and other local laws and ordinances of the Town then in force, the officers and employees of the Building Department shall issue a permit.
C. 
The officers and employees of the Building Department shall, within a reasonable period of time after the filing of a properly prepared application, either issue or deny a building permit. If a permit is denied, the officers and employees of the Building Department shall state in writing the reasons for such denial and forward the same to the address on the application.
[Amended 10-21-2003 by L.L. No. 7-2003]
D. 
Every application for a building permit shall be accompanied by a nonrefundable fee as provided by local law.[1]
[Amended 1-5-1993 by L.L. No. 1-1993; 6-1-2004 by L.L. No. 3-2004]
[1]:
Editor's Note: See Ch. 52, Planning Board and Zoning Board of Appeals, Art. I, Fees, and Ch. 108, Building Construction and Fire Prevention, § 108-8.
E. 
Where a building permit has been denied by the officers and employees of the Building Department such fee shall be returned to the applicant.
F. 
Any building permit issued in violation of the provisions of this Part 1 shall be null and void and of no effect, without the necessity for any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to such permit shall be unlawful.
G. 
Building permits issued pursuant to this Part 1 shall be subject to the requirements of §§ 108-5 and 108-8 of Chapter 108, Building Construction and Fire Prevention.
[Amended 1-5-1993 by L.L. No. 1-1993; 10-21-2003 by L.L. No. 7-2003]
[Amended 7-6-1993 by L.L. No. 10-1993]
A. 
No land, building or other structure or part thereof hereafter erected or altered in its use or structure shall be used or occupied until the officers and employees of the Building Department shall have conducted a final inspection and shall have issued a certificate of occupancy stating that such land, building, structure or part thereof and the proposed occupancy or use thereof are found to be in conformity with the application as approved and are in conformity with applicable codes, regulations, standards, ordinances or other controls and shall specify the use or uses and the extent thereof to which the building, structure or part thereof may be used.
B. 
Within five days after notification that a building, structure or premises is ready for occupancy or use, it shall be the duty of the officers and employees of the Building Department to make a final inspection thereof and to issue a certificate of occupancy if compliance with the provision of this Part 1 and § 108-6 has been made.
C. 
If the officers and employees of the Building Department deny a certificate of occupancy they shall state, in writing, the reasons for such denial and forward the same to the address indicated on the application.
D. 
Every application for a certificate of occupancy shall be accompanied by a property survey map prepared by a qualified engineer or land surveyor and certified to the Town of Thompson indicating the location, in exact relationship to all property and street lines, of all buildings and other structures on the lot.
E. 
The fee for a certificate of occupancy or certified copy of the same shall be as provided in the local law establishing fees,[1] payable to the Building Department at the time that application for the same is made.
[Amended 10-21-2003 by L.L. No. 7-2003]
[1]:
Editor's Note: See Ch. 52, Planning Board and Zoning Board of Appeals, Art. I, Fees.
F. 
Notwithstanding any other provision of law, where the Planning Board or the Zoning Board of Appeals shall have approved an application of an applicant for which compliance with site layout is required and the value of the project is greater than $250,000, the applicant shall, as a condition for the issuance of a certificate of occupancy, submit to the appropriate board a certified as-built plan together with the certificate of a licensed engineer or architect certifying that the applicant has substantially complied with the requirements of such approval, and, upon review, if the applicable board shall agree, the Building Inspector shall issue such certificate of occupancy.
[Added 1-21-2003 by L.L. No. 1-2003]
A. 
Any person who commits or permits any acts in violation of any of the provisions of this Part 1 shall be deemed to have committed an offense and shall be liable for the penalty provided. Each week any violation shall continue or be permitted to exist shall be constituted as a separate violation.
B. 
For every violation of any provision of this Part 1, the person violating the same shall be subject to a penalty as provided in § 268, Subdivision 1 of the Town Law.
[Amended 10-21-2003 by L.L. No. 7-2003]
C. 
[2]The Justice Court of the Town of Thompson shall have original and trial jurisdiction over summonses and appearance tickets served and informations filed charging a violation of this Part 1. Trials shall be before the Court without jury.
[2]:
Editor's Note: Former Subsection C was repealed 10-21-2003 by L.L. No. 7-2003 and former Subsection D was renumbered C.
D. 
In addition to the above-provided penalties and punishment, an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Part 1 may be commenced by any of the following:
(1) 
The officers and employees of the Building Department;
(2) 
The Enforcement Officer;
(3) 
The Town Attorney or Assistant Town Attorney; or
(4) 
The Town Board, by resolution.
[1]:
Editor's Note: For penalties for violations of § 250-54 see Ch. 1, § 1-14B.