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:
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, existing
references to the "Zoning and Building Officer," "Zoning and Building
Inspector" and "Building Inspector" were amended 10-21-2003 by L.L.
No. 7-2003 to read "officers and employees of the Building Department."
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]
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.
[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 Article VI, § 113-43, of Chapter 113, Building Code Administration and Enforcement, 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]
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 officers and employees of the Building Department
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.
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:
