A.
This chapter shall be enforced by the Code Officer, who shall be
appointed by the Mayor subject to the approval of the Board of Trustees.
B.
The Code Officer's duties shall include:
(1)
Issue or deny zoning permits within seven days of application.
(2)
Scale and interpret district boundaries on Zoning Maps.
(3)
Inspect and certify that the requirements of this chapter and any
conditions of approval have been adhered to.
(4)
Refer appropriate matters to the Joint Village/Town Zoning Board
of Appeals, Joint Village/Town Planning Board or Board of Trustees.
(5)
Revoke a permit where there is false, misleading or insufficient
information. Revoke a permit and/or certificate of compliance where
the applicant has not done what was proposed on the application or
required as a condition of approval.
(6)
Issue notices to remedy stop-work orders, investigate violations
and refer violations to the Board of Trustees.
(7)
The Code Officer shall report monthly to the Board of Trustees the
number of permits issued and fees collected.
(8)
Conduct surveys of the Village to detect unauthorized development
of lots.
(9)
Promptly file all records with the Village Clerk, including but not
limited to all applications under this chapter and written records
of all complaints and actions taken in response thereto.
(10)
The Code Officer or his designee shall attend all Joint Town/Village
Planning Board and Joint Town/Village Zoning Board of Appeals meetings
unless excused by the Chairman of such Boards.
(11)
The Code Officer shall be responsible for the overall inspection
of site improvements, including coordination with the Village Trustees
and other officials and agencies, as appropriate.
(12)
Temporary permits may be issued by the Code Officer for a period
not exceeding six months for nonconforming uses incidental to housing
and construction projects, including such structures and uses as storage
of building materials and machinery, the processing of building materials
and a real estate office located on the tract being offered for sale,
provided that such permits are conditioned upon agreement by the owner
or operator to remove the structure or structures or uses upon expiration
of the permit. Such permits may be renewed upon application to the
Code Officer for one successive additional period of six months.
C.
In accordance with Municipal Home Rule Law § 10 and Criminal
Procedure Law § 150.20, the Code Officer shall also have
the power to issue and serve appearance tickets in connection with
the performance of his duties in enforcing any statute, local law,
ordinance, rule or regulation relating to zoning and planning. The
issuance and service of appearance tickets by the Code Officer shall
have the same force and effect as if served by a peace officer. Appearance
tickets shall be of a form and content acceptable under, and shall
be issued in accordance with, Article 150 of the Criminal Procedure
Law of the State of New York.
A.
No building, structure or part thereof shall hereafter be used, occupied,
erected, moved or altered and no alteration of the land surface preliminary
to or incidental to such activity, including grading, filling, excavation,
paving, etc., except for testing and surveying, shall occur except
in conformity with the requirements herein specified and only after
a zoning permit for such has been issued. A zoning permit shall not
be required for routine maintenance and improvement (e.g., roofing,
window replacement, siding replacement, etc.) that does not expand
the exterior dimensions of the structure and that does not involve
a change in use. No zoning permit or certificate shall be issued for
any use or building where said construction, addition or alteration
or use thereof would be in violation of any of the provisions of this
chapter.
B.
There shall be submitted with all applications for zoning permits
two copies of a layout or plot plan showing the actual dimensions
of the lot to be built upon, the size and location on the lot of the
building and accessory buildings to be erected and such other information
as may be necessary to determine compliance with the provisions of
this chapter.
C.
One copy of such layout or plot plan shall be returned when approved
by the Code Officer, together with such permit, to the applicant upon
the payment of all fees and costs required by the chapter or by agreement
with the Village.
D.
Prior to the issuance of a zoning permit, the applicant shall pay
all application and review fees to the Village of Clayton, which amount
shall be sufficient to offset all the administrative or other costs
to the Village of Clayton associated with the issuance of the permit.
A fee schedule shall be established by the Village Board of Trustees
annually at or within 30 days of its organizational meeting. In the
event that the Village Board of Trustees shall fail in any year to
establish the application fee within the period set, the application
fee for the ensuing year shall be the same amount as it was for the
previous year. Any zoning permit issued under this chapter shall expire
if construction has not commenced within one year from the date of
issue.
E.
Any construction that has been discontinued for a period of 12 months
or longer shall be deemed to have been abandoned. Resumption of construction
shall be authorized only upon the issuance of a new zoning permit.
F.
The zoning permit shall be prominently displayed so as to be visible
from the outside of the building or structure to be altered or erected
until such time as a certificate of compliance has been issued.
A.
Pursuant to the authority contained in Article VII of the Village Law, Article 5-G of the General Municipal Law, and the intermunicipal agreement between the Town of Clayton and the Village of Clayton consolidating the Town and Village Planning Boards dated March 24, 1997, the Board of Trustees recognizes that a Joint Town of Clayton and Village of Clayton Planning Board has been established consisting of seven members, and such Board shall have all the powers and duties prescribed by the Village Law and by this chapter, and is hereby granted the authority to administer the site plan review and special permit requirements of this chapter. All references contained in this chapter to the "Planning Board" shall mean the Joint Town of Clayton/Village of Clayton Planning Board established pursuant to the intermunicipal agreement dated March 24, 1997.
B.
Powers and duties. The Planning Board shall have the following powers
and duties with respect to this chapter:
(1)
Approval or disapproval of site plans.
(2)
Approval or disapproval of special use permits.
(3)
Submittal of an advisory opinion, when requested to do so to the
Zoning Board of Appeals.
(4)
Submittal of an advisory opinion to the Village Board for proposed
amendments to this chapter.
(5)
All other powers granted by New York State law.
C.
Procedure. The Planning Board shall act in strict accordance with
the procedure specified by this chapter. All applications made shall
be made in writing on forms prescribed by the Village. Every decision
of the Planning Board shall be made by resolution which shall contain
a full record of findings in the case.
D.
Training.
(1)
Each member of the Planning Board shall complete, at a minimum, four
hours of training each year designed to enable such members to more
effectively carry out their duties.
(2)
Training received by a member in excess of four hours in any one
year may be carried over by the member into succeeding years in order
to meet the requirements of this section. Such training shall be approved
by the Board of Trustees and may include, but not be limited to, training
provided by a municipality, regional or county planning office or
commission, county planning federation, state agency, statewide municipal
association, college or other similar entity. Training may be provided
in a variety of formats, including, but not limited to, electronic
media, video, distance learning and traditional classroom training.
(3)
To be eligible for reappointment to such board, such member shall
have completed the training promoted by the Village Board.
(4)
The training required by this section may be waived or modified by
resolution of the Board of Trustees when, in the judgment of the Board
of Trustees, it is in the best interest of the Village to do so.
(5)
No decision of the Planning Board shall be voided or declared invalid
because of a failure to comply with this subdivision.
E.
Alternate members.
(1)
Three alternate member positions are hereby established for the Joint
Town of Clayton and Village of Clayton Planning Board as established
pursuant to an intermunicipal agreement between the Town of Clayton
and Village of Clayton dated March 24, 1997. As provided by intermunicipal
agreement between the Town of Clayton and the Village of Clayton dated
March 22, 1999, the alternate Planning Board members shall be appointed
by joint action of the Town Board of the Town of Clayton and the Village
of Clayton Board of Trustees, either at a joint meeting of those Boards
called for that purpose or by independent resolutions at separate
meetings of those Boards. The alternate member positions of the joint
Town of Clayton and Village of Clayton Planning Board are hereby established
for the purpose of ensuring the presence of a quorum on any matter
pending before the Joint Town of Clayton and Village of Clayton Planning
Board in the event that a regular member of said Board is absent due
to a conflict of interest or is otherwise unable to serve for any
reason, and such conflict, absence, or inability to serve causes the
lack of a quorum to be present for any matter pending before the Joint
Town of Clayton and Village of Clayton Planning Board.
(2)
In the event the Joint Town of Clayton and Village of Clayton Planning
Board lacks quorum on any matter pending before it due to a conflict
of interest or the absence of one or more regular members, the Chairperson
shall select an alternate member or members to sit in place of the
absent or conflicted member or members. The alternate member or members
shall be selected by the Chairperson in the order in which they were
appointed by the joint action of the Town Board of the Town of Clayton
and the Village Board of Trustees of the Village of Clayton.
(3)
An alternate member or members appointed by the Chairperson of the
Joint Town of Clayton and Village of Clayton Planning Board to serve
on a particular matter in which a regular member is absent or unable
to serve for any reason shall possess all of the powers and responsibilities
of such regular member, and shall continue to serve on the Joint Town
of Clayton and Village of Clayton Planning Board until the matter
or matters for which the substitution is made has been decided in
final by the Board.
(4)
All provisions of this section and of the Village Law relating to
the Planning Board member training and continuous education, attendance,
conflict of interest, compensation, eligibility, vacancy of office,
removal and service on the Joint Planning Board shall also apply to
alternate members.
A.
Establishment, powers and duties. It is recognized by the Board of
Trustees of the Village of Clayton that pursuant to the authority
contained in Article 7 of the Village Law, Article 5-G of the General
Municipal Law, and a certain intermunicipal agreement between the
Town of Clayton and the Village of Clayton, dated March 24, 1997,
a Joint Town of Clayton/Village of Clayton Zoning Board of Appeals
has been established consisting of five members, which shall have
all the powers and duties prescribed by NYS Village Law and by this
chapter. All references contained in this chapter to the "Zoning Board
of Appeals" shall mean the Joint Town of Clayton/Village of Clayton
Zoning Board of Appeals established pursuant to the intermunicipal
agreement between the Town of Clayton and the Village of Clayton dated
March 24, 1997.
B.
Alternate members.
(1)
Three alternate member positions are hereby established for the Joint
Town of Clayton and Village of Clayton Zoning Board of Appeals as
established pursuant to an intermunicipal agreement between the Town
of Clayton and Village of Clayton dated March 24, 1997. As provided
by intermunicipal agreement between the Town of Clayton and the Village
of Clayton dated March 22, 1999, the alternate Zoning Board of Appeals
members shall be appointed by joint action of the Town Board of the
Town of Clayton and the Village of Clayton Board of Trustees, either
at a joint meeting of those Boards called for that purpose or by independent
resolutions at separate meetings of those Boards. The alternate member
positions of the joint Town of Clayton and Village of Clayton Zoning
Board of Appeals are hereby established for the purpose of insuring
the presence of a quorum on any matter pending before the Joint Town
of Clayton and Village of Clayton Zoning Board of Appeals in the event
that a regular member of said Board is absent due to a conflict of
interest or is otherwise unable to serve for any reason, and such
conflict, absence, or inability to serve causes the lack of a quorum
to be present for any matter pending before the Joint Town of Clayton
and Village of Clayton Zoning Board of Appeals.
(2)
In the event the Joint Town of Clayton and Village of Clayton Zoning
Board of Appeals lacks a quorum on any matter pending before it due
to a conflict of interest or the absence of one or more regular members,
the Chairperson shall select an alternate member or members to sit
in place of the absent or conflicted member or members. The alternate
member or members shall be selected by the Chairperson in the order
in which they were appointed by the joint action of the Town Board
of the Town of Clayton and the Village Board of Trustees of the Village
of Clayton.
(3)
An alternate member or members appointed by the Chairperson of the
Joint Town of Clayton and Village of Clayton Zoning Board of Appeals
to serve on a particular matter in which a regular member is absent
or unable to serve for any reason shall possess all of the powers
and responsibilities of such regular member, and shall continue to
serve on the Joint Town of Clayton and Village of Clayton Zoning Board
of Appeals until the matter or matters for which the substitution
is made has been decided in final by the Board.
(4)
All provisions of this section and of the Village Law relating to
the Zoning Board of Appeals member training and continuous education,
attendance, conflict of interest, compensation, eligibility, vacancy
of office, removal and service on the Joint Zoning Board of Appeals
shall also apply to alternate members.
Upon appeal from a decision by an administrative official, the
Zoning Board of Appeals will decide any question involving the interpretation
of any provision of this chapter, including determinations of the
exact location of any zone boundary if there is uncertainty with respect
thereto.
The Zoning Board of Appeals may vary the strict application
of any of the requirements of this chapter as provided for by law.
In granting any variance, the Zoning Board of Appeals shall prescribe
any conditions it deems necessary or desirable.
A.
Use variance.
(1)
No use variance shall be granted without a showing by the applicant
that the applicable zoning regulations and restrictions have caused
unnecessary hardship. In order to prove such hardship the applicant
shall demonstrate that for each and every permitted use under the
zoning regulations for the particular district where the property
is located:
(a)
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
(b)
That the alleged hardship relating to the property in question
is unique, and does not apply to a substantial portion of the district
or neighborhood;
(c)
That the requested use variance, if granted, will not alter
the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(2)
The Zoning Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proved by the applicant, and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
The Zoning Board of Appeals shall, in the granting a use variance,
have the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of the zoning law, and shall be imposed for the purpose of
minimizing any adverse impact such variance may have on the neighborhood
or community.
B.
Area variance.
(1)
In making its determination, the Zoning Board of Appeals shall take
into consideration the benefit to the applicant if the variance is
granted, as weighed against the detriment to the health, safety and
welfare of the neighborhood or community by such grant. In making
such determination the Board shall also consider:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
(b)
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
(c)
Whether the requested area variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
(e)
Whether the alleged difficulty was self-created; which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance.
(2)
The Zoning Board of Appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
The Zoning Board of Appeals shall, in the granting an area variance,
have the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of the zoning law, and shall be imposed for the purpose of
minimizing any adverse impact such variance may have on the neighborhood
or community.
The Zoning Board of Appeals shall act in accordance with procedure
specified by law.
A.
Application and fees. All appeals and applications made to the Board
shall be in writing and on a form prescribed by the Board. Every appeal
or application shall refer to the specific provisions of the law being
appealed or variance sought, shall exactly set forth the interpretation
that is claimed, shall give the details of the appeal on variance
that is applied for and shall set forth the grounds on which it is
claimed that the appeal or variance should be granted. In addition
to any other application fee required to be paid by the Village of
Clayton, the applicant shall, at the time of application, pay to the
Village of Clayton a fee in an amount determined annually by the Board
of Trustees of the Village of Clayton to offset the cost of preparing
and posting the signs. In the event that the Board of Trustees fails
to establish a fee on any given year, the fee established in the immediately
preceding year shall continue to apply.
(1)
A check, cash or money order for a fee in an amount that shall be
set annually by the Village Board of Trustees, payable to the Village
of Clayton, shall accompany all applications. This fee is not refundable
and is to cover the cost of advertising, stenographic fees, transcripts,
inspection by the Code Officer and other administrative expenses not
provided for below.
(2)
Costs incurred by the Joint Town/Village Zoning Board of Appeals
for consultation fees, such as legal and engineering fees, or other
out-of-pocket expenses in connection with the review of an application
shall be passed onto the applicant on the contractual basis or hourly
rate as charged by the consultant.
B.
Meetings, minutes and records. Meetings of such Board of Appeals
shall be open to the public to the extent provided in Article 7 of
the Public Officers Law. Such Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member upon every question,
or if absent or failing to vote, indicating such fact, and shall also
keep records of its examinations and other official actions.
C.
Filing requirements. Every rule, regulation, every amendment or repeal
thereof, and every order requirement, decision or determination of
the Board of Appeals shall be filed in the office of the Village Clerk
within five business days and shall be a public record.
D.
Assistance to Board of Appeals. Such Board shall have the authority
to call upon any department, agency or employee of the Village for
such assistance as shall be deemed necessary and as shall be authorized
by the Village Board. Such department, agency, or employee may be
reimbursed for any expenses incurred as a result of such assistance.
E.
Hearing appeals. Unless otherwise provided by local law, the jurisdiction
of the Board of Appeals shall be appellate only and shall be limited
to hearing and deciding appeals from and reviewing any order, requirement,
decision, interpretation, or determination made by the Code Officer
charged with the enforcement of the local law adopted pursuant to
this article. Such Board shall have the authority to call upon such
assistance as shall be deemed necessary and as shall be authorized
by the Village Board. Such department, agency or employee shall be
reimbursed for any expenses incurred as a result of such assistance.
The concurring vote of a majority of the members of the Board of Appeals
shall be necessary to reverse any order, requirement, decision or
determination of the Code Officer, or to grant a use variance or area
variance. Such appeal may be taken by any person aggrieved, or by
an officer, department, board or bureau of the Village.
F.
Filing of administrative decision and time of appeal.
(1)
Each order, requirement, interpretation or determination of the Code
Officer shall be filed in the Code Officer's office within five
business days from the day it is rendered, and shall be a public record.
(2)
An appeal shall be taken within 60 days after the filing of any order,
requirement, decision, interpretation or determination of the Code
Officer by filing with such Code Officer and with the Board of Appeals
a notice of appeal, specifying the grounds thereof and the relief
sought. The Code Officer from whom the appeal is taken shall forthwith
transmit to the Board of Appeals all the papers constituting the record
upon which the action appealed from was taken.
G.
Stay upon appeal. An appeal shall stay all proceeding in furtherance
of the action appealed from, unless the Code Officer charged with
the enforcement of such local law, from whom the appeal is taken,
certifies to the Board of Appeals, after the notice of appeal shall
have been filed with the Code Officer, that by reason of facts stated
in the certificate a stay, would, in his or her opinion, cause imminent
peril to life or property, in which case proceedings shall not be
stayed otherwise than by a restraining order which may be granted
by the Board of Appeals or by a court of record on application, on
notice to the Code Officer from whom the appeal is taken and on due
cause shown.
H.
Hearing on appeal. The Board of Appeals shall fix a reasonable time
for the hearing of the appeal or other matter referred to it. The
cost of sending or publishing any notices relating to such appeal,
or a reasonable fee relating thereto, shall be borne by the appealing
party and shall be paid prior to the hearing of such appeal. Upon
the hearing, any party may appear in person, or by agent or attorney.
Whenever a public hearing is required to be held by the Zoning Board
of Appeals to consider an application for a variance or the interpretation
of a decision by an administrative official, notice of the public
hearing shall be provided as follows:
(1)
Written notice shall be mailed to the owners of all parcels of property
adjacent to the applicant's property. The notice shall be mailed
by first-class U.S. mail to the property owner's address as appearing
on the latest completed assessment roll for the Village of Clayton,
and shall be postmarked not less than 10 days prior to the date of
the public hearing.
(2)
Written notice of the public hearing shall be published in the official
newspaper of the Village of Clayton not less than five days prior
to the date of the public hearing.
(3)
Signboards containing the notice of public hearing as provided in
this subsection shall be posted by the Code Officer on the applicant's
property not less than 10 days prior to the date of the public hearing.
The sign shall be constructed as a sandwich board not less than 20
inches by 30 inches consisting of all-weather cardboard stock with
black print lettering not less than the height identified in Subsection
D(4) below. A minimum of one signboard shall be placed on each side
of the subject premises facing a public street on which the property
abuts. The signboard shall be erected not more than 10 feet from the
road right-of-way and not less than two feet nor more than six feet
above grade at the property line. The signboards shall be displayed
continuously for a period not less than 10 days immediately preceding
the date of the public hearing.
(4)
The signboard shall contain, at a minimum, the following information,
with lettering size as indicated:
|
Information
|
Size
(inches)
| ||
|---|---|---|---|
|
Notice of Public Hearing
|
3
| ||
|
Pursuant to § 132-36 of the Code of the Village of Clayton
|
1 1/4
| ||
|
The Joint Town/Village of Clayton Planning Board/ZBA
|
1 1/4
| ||
|
Special Use Permit/Site Plan Application/Area Variance/Use Variance/Interpretation
|
1 1/4
| ||
|
(Date) at (Time)
|
1 1/4
| ||
|
Town of Clayton Offices, 405 Riverside Drive, Clayton, NY 13624
|
1 1/4
| ||
|
For more information, please call (315) 686-3512
|
1 1/4
| ||
I.
The Code Officer shall have the authority to schedule public hearings
before the Joint Town/Village of Clayton Zoning Board of Appeals to
consider applications for use variances or area variances or interpretations
of the provisions of this chapter upon receipt of proper application
therefor and the Code Officer's determination that said application
is complete. All public hearings scheduled by the Code Officer shall
comply with the notice requirements contained in this chapter.
J.
Time of decision. The Zoning Board of Appeals shall decide upon the
appeal within 62 days after the conduct of said hearing. The time
within which the Zoning Board of Appeals must render its decision
may be extended by mutual consent of the applicant and the Board.
K.
Filing of decision and notice. The decision of the Zoning Board of
Appeals on the appeal shall be filed in the office of the Village
Clerk within five business days after the day such decision is rendered,
and a copy thereof mailed to the applicant.
L.
Notice to park commission or planning agency. At least five days
before such hearing, the Zoning Board of Appeals shall mail notices
thereof to the parties; to the regional state park commission having
jurisdiction over any state park or parkway within 500 feet of the
property affected by such appeal; and to the county, metropolitan
or regional planning agency, as required by § 239-m of the
General Municipal Law, which notice shall be accompanied by a full
statement of the matter under consideration, as defined in Subdivision
1 of General Municipal Law, § 239-m.
M.
Compliance with State Environmental Quality Review Act. The Zoning
Board of Appeals shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations as codified in Title 6, Part
617, of the New York Codes of Rules and Regulations.
N.
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, decision or determination of the Board not previously
reviewed may be made by any member of the Board. A unanimous vote
of all members of the Board then present is required for such rehearing
to occur. Such rehearing is subject to the same notice provisions
as an original hearing. Upon such rehearing the Board may reverse,
modify or annul its original order, decision or determination upon
the unanimous vote of all members then present, provided the Board
finds that the rights vested in persons acting in good faith in reliance
upon the reviewed order, decision or determination will not be prejudiced
thereby.
O.
Voting requirements.
(1)
Decision of the Board. Except as otherwise provided in the above
paragraph, every motion or resolution of the Zoning Board of Appeals
shall require for its adoption the affirmative vote of a majority
of all the members of the Zoning Board of Appeals as fully constituted
regardless of vacancies or absences.
(2)
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the Code Officer within the time allowed under Subsection J, Time of decision, the appeal is denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in Subsection N, Rehearing.
P.
Expiration of approval. In the event that the applicant fails to
execute the terms and conditions set forth in the use or area (dimensional)
variance within 18 months after its final approval by the Joint Zoning
Board of Appeals, said approval shall be deemed to have expired and
any subsequent proposal shall require a new application and submission.
A.
Whenever a Village official or another person complains of a zoning
violation, or the Code Officer notices a violation, the Code Officer
shall make an inspection. If a violation exists, the Code Officer
shall issue a stop-work order and notice to correct violation, which
shall inform the landowner of the nature of the violation and require
that the landowner comply with this chapter within 14 days.
B.
If the violation occurs, it is an offense punishable by a fine not
exceeding $250 or imprisonment for a period not to exceed 15 days,
or both. Each week's continued violation shall constitute a separate
additional violation. The Village may appear in Justice Court and
prosecute by the Code Officer or an attorney retained by the Village,
with the consent of the District Attorney.
C.
In addition to the penalties provided above, the Board of Trustees
may also maintain an action or proceeding in the name of the Village
in a court of competent jurisdiction to compel compliance with or
restrain by injunction a violation of this chapter.
