[Adopted 3-5-1990 by L.L. No. 2-1990]
A.
One of the most important benefits received by residents of the Town
of Pompey from their government is the protection of property values
and way of life safeguarded by the Town's zoning and planning
laws. The Town has expended substantial public funds developing, nurturing
and maintaining its Comprehensive Land Use Plan. Every violation of
these laws undermines the benefit of these laws to all citizens and
corrupts the integrity of the plan as a whole.
B.
The criminal enforcement process is an ineffective tool to compel
compliance with these laws because it is designed for punishment,
not compliance, and the penalties associated therewith are insufficient
to modify behavior.
C.
The injunctive power of the Supreme Court, on the other hand, is
designed to compel compliance but is very expensive to the municipal
taxpayer. This article is designed to provide authorization for the
Town of Pompey to recover its reasonable attorney fees from a defendant
who is adjudged by the court in a civil proceeding of having violated
the Town's zoning and/or planning laws.
This article shall be applicable to any civil proceeding, whether in the nature of an action for injunction or otherwise, brought by the Town of Pompey or any of its boards, departments, agencies or divisions to enforce, compel compliance with or enjoin a violation of Chapter 165, Zoning, Chapter 144, Subdivision of Land, or the Town's junk vehicle law, site plan law or other local law or ordinance in which the Town of Pompey or its boards, departments, agencies or divisions are the prevailing party.
In any civil proceeding for an injunction or other relief in
which the Town of Pompey, its boards, departments, agencies or divisions
shall prevail, it shall be entitled to recover from the defendant,
defendants, or both, all of its reasonable attorney fees, costs and
disbursements.
By this article, the Town of Pompey intends to exercise the
powers granted to it by the Municipal Home Rule Law to the maximum
extent possible, and it is specifically intended that this article
shall supersede all other local or state laws of general application
inconsistent herewith, except that this article shall not be construed
so as to be inconsistent with or to deprive any member of the judiciary
of the State of New York of any power granted or reserved to such
Judge.
