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.