[HISTORY: Adopted by the Town Board of the
Town of Somers 3-19-2009 by L.L. No. 2-2009. Amendments noted where
applicable.]
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.
