The purpose of this article is to provide procedures for enforcement of this chapter.
[Added 6-7-1989 by L.L. No. 1-1989]
A. Statement of intent.
(1) One of the most important benefits received by residents of the Town of Cortlandville from its 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.
(2) The criminal enforcement process is only one tool to compel compliance with these laws, but it is designed for punishment, not compliance, and the penalties associated therewith are often insufficient to modify behavior.
(3) The injunctive powers of the Supreme Court, on the other hand, are designed to compel compliance, but accessing these powers is very expensive to the municipal taxpayer. This section is designed to provide authorization for the Town of Cortlandville 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.
B. Applicability. This chapter shall be applicable to any civil proceeding, whether in the nature of an action for injunction or otherwise, brought by the Town of Cortlandville or any of its boards, departments, agencies or divisions to enforce, compel compliance with or enjoin a violation of this chapter, Chapter
140, Subdivision of Land, the town's junk vehicle law, Article
XIII, Site Plan Approval, or other land use laws or regulations, in which the Town of Cortlandville or its boards, departments, agencies or divisions are the prevailing party.
C. Recovery of attorney fees. In any civil proceeding, for an injunction or other relief in which the Town of Cortlandville, its boards, departments, agencies or divisions shall prevail, it shall be entitled to recover from one or all of the defendant or defendants, all of its reasonable attorney fees, costs and disbursements.
D. Home rule. By this chapter, the Town of Cortlandville 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 chapter shall supersede all other local or state laws of general application inconsistent herewith, except that this law shall not be construed so as to be inconsistent with nor to deprive any member of the judiciary of the State of New York of any power granted or reserved to such Judge. This chapter is not intended in any way to limit the Town of Cortlandville in resorting to any and all other legal remedies in the enforcement of its laws and regulations, including criminal enforcement.