Legislation
SECTION 284
Enforcement and remedies
General Municipal (GMU) CHAPTER 24, ARTICLE 13-C
§ 284. Enforcement and remedies. 1. The village board of any village
or the town board of any town, as the case may be, in which a
residential or residential and recreational area has been established
pursuant to this article, in which the use of buildings, structures and
land for any industrial or commercial purpose is prohibited, restricted,
regulated or controlled, or in which the use of all buildings,
structures and land is limited to use for one or two family residential
purposes, or to use for one or two family residential and non-profit
recreational purposes may provide by such ordinance or local law for the
enforcement thereof.
2. In the event that any building, structure or land in any
residential or residential and recreational area is used in violation of
any ordinance or local law applying to such area, the board, in addition
to other remedies, may institute or authorize an official, officer,
employee or agent of the village or town, as the case may be, to
institute any appropriate action or proceeding to prevent such unlawful
use, to restrain, correct or abate such violation or to prevent or abate
any illegal act, conduct, business or use in, on or about such premises.
All issues in any action or proceeding for any of the purposes herein
stated shall have preference over all other civil actions and
proceedings.
3. Upon the failure or refusal of the board to institute or cause to
be instituted any such appropriate action or proceeding for a period of
thirty days after written request by an owner of real property situate
within such area so to proceed, any three owners of real property
situate within the area wherein such violation exists may institute such
action or proceeding at their own expense in like manner as such board
or an official, officer, agent or employee authorized by the village or
town board, as the case may be, is authorized to do.
or the town board of any town, as the case may be, in which a
residential or residential and recreational area has been established
pursuant to this article, in which the use of buildings, structures and
land for any industrial or commercial purpose is prohibited, restricted,
regulated or controlled, or in which the use of all buildings,
structures and land is limited to use for one or two family residential
purposes, or to use for one or two family residential and non-profit
recreational purposes may provide by such ordinance or local law for the
enforcement thereof.
2. In the event that any building, structure or land in any
residential or residential and recreational area is used in violation of
any ordinance or local law applying to such area, the board, in addition
to other remedies, may institute or authorize an official, officer,
employee or agent of the village or town, as the case may be, to
institute any appropriate action or proceeding to prevent such unlawful
use, to restrain, correct or abate such violation or to prevent or abate
any illegal act, conduct, business or use in, on or about such premises.
All issues in any action or proceeding for any of the purposes herein
stated shall have preference over all other civil actions and
proceedings.
3. Upon the failure or refusal of the board to institute or cause to
be instituted any such appropriate action or proceeding for a period of
thirty days after written request by an owner of real property situate
within such area so to proceed, any three owners of real property
situate within the area wherein such violation exists may institute such
action or proceeding at their own expense in like manner as such board
or an official, officer, agent or employee authorized by the village or
town board, as the case may be, is authorized to do.