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.

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.

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.

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.

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.

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.

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.

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.

Upon demand of the Building Inspector, at any reasonable time, the owner's copy of any certificate of occupancy shall be exhibited.

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]

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.

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.

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.

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.