Town of Somers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Somers 3-19-2009 by L.L. No. 2-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 74.
Certificates of occupancy — See Ch. 80.
067a Application
The purpose of this chapter is to prohibit the processing and approval of any and all applications for approval and issuance of any permit or certificate of occupancy or use by any board or official of the Town of Somers for any property owner who has outstanding fees owed to the Town of Somers or where outstanding violations (as that term is defined in § 67-4D herein) of any local laws or ordinances of the Town of Somers exist on the property for which the approval is being requested.
This chapter shall be known as "Application Processing Restrictive Law of the Town of Somers."
This chapter shall apply to the provisions of all the local laws and ordinances adopted by the Town of Somers for any and all applications submitted on or after the effective date of this chapter.
A. 
Simultaneously with the filing of an application to any board or official of the Town of Somers, an applicant must submit proof, using the certification attached hereto,[1] that no fees are due to the Town of Somers and that no outstanding violations of any local law or ordinance of the Town of Somers exist on the property.
[Amended 7-9-2009 by L.L. No. 4-2009]
[1]
Editor's Note: Said certification is included at the end of this chapter.
B. 
The processing and approval of any and all applications for approval and issuance of any permit or certificate of occupancy by any board or official of the Town of Somers for any property owner who has fees outstanding to the Town of Somers or outstanding violations of any local laws or ordinances of the Town of Somers on the property for which the approval is being requested is hereby prohibited.
C. 
In the event that an application is in process before any of the boards or officials as listed above and a violation of this chapter occurs, processing of the application shall cease upon presentation of proof of the violation by the Zoning Enforcement Officer of the Town of Somers. Once the applicant submits proof that the violation of this chapter has been corrected, the application process shall be allowed to continue.
D. 
For purposes of this chapter only, a violation of any local law or ordinance of the Town of Somers shall be deemed to have occurred when one of the following events occurs:
(1) 
When a property owner has exhausted his or her administrative remedies to cure a specific notice of violation or has waived his or her right to do so;
(2) 
When a property owner has failed to seek a variance or appeal within 30 days after the issuance of a notice of violation; or
(3) 
Upon the issuance of a criminal summons by the Code Enforcement Officer.
[Amended 7-9-2009 by L.L. No. 4-2009]
The Town Board, when appropriate, may, upon submission of a written request by a property owner, temporarily waive specific provisions of this chapter where necessary to prevent undue hardship or an inequitable result. The Building Inspector, in an emergency situation (e.g., water pipe leak, electrical malfunction, etc.) may also waive specific provisions of this chapter where necessary to prevent undue hardship or an inequitable result. The Building Inspector shall simultaneously provide notice of all waivers to the Town Board.