LL #05-1983TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
- LOCAL LAW NO 5 YEAR OF 1983
A LOCAL LAW PROVIDING FOR ATTORNEYS FEES.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. This local law 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 thh 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 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.
Section 2. 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 fy 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 other imposed herein shall be payable only if the
town successfully completes such prosecution or obtains an order or judgement.
Section 3. 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.
- Section 4. All permit applications of the town shall be duly endorsed with
notice informing such applicants and permitees of the local law 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
local law.
Section 5. The provisions of this local law shall be binding upon the successors
and assigns of any applicant and permitee as a condition of the continuing
validity of such permit. All permits shall contain a notation that the holder of the
same, as well as their successors and assigns, are subject to the provisions
of this local law as a condition for the continuing validity of such permit.
Section 6. Definitions.
Permit: 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 precondition.
Section 7. A registry of permits shall be maintained by the town to provide
all interested persons, including successors and assignd of permitees, of
the issuance of permits subject to this local law.
Section 8. This local law shall take effect immediately upon filing with
the Secretary of State as required by law.