[Adopted 7-11-1983 by L.L. No. 5-1983]
This article proposes to protect the health,
safety and welfare of the citizens of the Town of Wappinger and to
enhance the police powers of the Town of Wappinger by providing for
the reimbursement to the Town of legal expenses and related fees associated
with any litigation which might be undertaken by the Town to enforce
local laws, ordinances and other obligations of residents, developers,
applicants for permits and other parties within the Town of Wappinger
when such steps are necessary by way of civil proceedings to preserve
the integrity of and to promote the general welfare of the residents
of the Town of Wappinger by enforcement of local laws, ordinances,
rules and regulations or other standards duly adopted by the town.
Whenever it becomes necessary for the Town of
Wappinger by civil proceedings to enforce a local law, ordinance,
subdivision regulation, rules and regulations, highway specifications
or other rules of conduct or standards duly adopted in accordance
with law by the Town Board of the Town Board of the Town of Wappinger,
the town may seek to recover, in addition to any civil remedies had
by it, reasonable attorneys fees for the prosecution of said proceeding
as well as the costs and disbursements of said proceeding. Said attorneys
fees and others imposed herein shall be payable only if the town successfully
completes such prosecution or obtains an order or judgment.
Any individual, corporation or other entity
who makes application to the Town of Wappinger for a permit of any
nature, by making such application hereby agrees to reimburse the
Town of Wappinger, as a condition for the granting of such permit,
for its reasonable attorneys fees incurred if it becomes necessary,
in the sole discretion of the town to commence a civil proceeding
against the holder of such permit or its assignees or successors in
interest for purposes of enforcing those conditions under which the
permit was granted and judgment for such sums may be sought.
All permit applications of the town shall be
duly endorsed with notice informing such applicants and permittees
of this article and that by submitting an application for a permit,
the applicant consents to the imposition of attorneys fees, costs
and disbursements as provided by this article.
The provisions of this article shall be binding
upon the successors and assigns of any applicant and permittee as
a condition of the continuing validity of such permit. All permits
shall contain a notation that the holders of the same, as well as
their successors and assigns, are subject to the provisions of this
article as a condition for the continuing validity of such permit.
As used in this article, the following terms
shall have the meanings indicated:
The granting of permission by any agency of the town to engage
in activity for which the issuance of a permit or other approval is
a precondition.
A registry of permits shall be maintained by
the town to provide all interested persons, including successors and
assigns of permittees, of the issuance of permits subject to this
article.
