Village of Delhi, NY
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 2-23-2009 by L.L. No. 2-2009; amended in its entirety 8-17-2015 by L.L. No. 1-2015. Subsequent amendments noted where applicable.]

§ 199-1 Title.

This chapter shall be known and cited as the "Village of Delhi Public Nuisance Abatement Law."

§ 199-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC NUISANCE
A public nuisance shall be deemed to exist whenever, through violations of any of the following provisions resulting from separate incidents occurring at or predicated on events, circumstances or activities occurring at a building, structure or real property, 12 or more points are accumulated within a period of six months, or 18 or more points are accumulated within a period of 12 months, in accordance with the nuisance point system.
A. 
A nuisance point system shall be established by resolution of the Board of Trustees of this Village. Such nuisance point system may thereafter be amended from time to time by like resolution. The nuisance point system shall be made available on the Village website as well as upon request at the Village Hall. The points set forth in such nuisance point system or amended nuisance point system shall be assigned based on the violations including but not limited to the following:
(1) 
Article 265 of the Penal Law: firearms and other dangerous weapons.
(2) 
Article 220 of the Penal Law: controlled substances offenses.
(3) 
Article 221 of the Penal Law: offenses involving marijuana.
(4) 
Article 225 of the Penal Law: gambling offenses.
(5) 
Article 230 of the Penal Law: prostitution offenses.
(6) 
Article 235 of the Penal Law: offenses involving obscenity and disseminating indecent material.
(7) 
Section 123 of the Alcoholic Beverage Control Law.
(8) 
Sections 240.45 and 240.46 of the Penal Law: criminal nuisance.
(9) 
Sections 240.35 and 240.36 of the Penal Law: loitering.
(10) 
Article 120 of the Penal Law: assault and related offenses.
(11) 
Section 240.20 of the Penal Law: disorderly conduct.
(12) 
Sections 240.25, 240.26, 240.30 and 240.31 of the Penal Law: harassment offenses.
(13) 
Sections 165.40, 165.45, 165.50, 165.52, 165.54 of the Penal Law: criminal possession of stolen property.
(14) 
Section 260.10 of the Penal Law: endangering the welfare of a child.
(15) 
Sections 260.20 and 260.21 of the Penal Law: unlawfully dealing with a child.
(16) 
Article 263 of the Penal Law: sexual performance by a child.
(17) 
Article 178 of the Penal Law: criminal diversion of prescription medications and prescriptions.
(18) 
Code of the Village of Delhi, Chapter 175, Littering.
(19) 
Code of the Village of Delhi, Chapter 235, Sewers.
(20) 
Article 26 of the Agriculture and Markets Law: cruelty to animals.
(21) 
Section 415-a of the Vehicle and Traffic Law: vehicle dismantlers.
(22) 
Code of the Village of Delhi, Chapter 300, Zoning.
(23) 
Code of the Village of Delhi, Chapter 218, Property Maintenance.
(24) 
Code of the Village of Delhi, Chapter 192, Noise.
(25) 
Code of the Village of Delhi, Chapter 106, Animals.
(26) 
Code of the Village of Delhi, Chapter 102, Alcoholic Beverages.
(27) 
Section 65-c of the Alcoholic Beverage Control Law: unlawful possession of an alcoholic beverage by person under the age of 21.
(28) 
Sections 170.65 and 170.70 of the Penal Law: forgery of or illegal possession of a vehicle identification number.
(29) 
Any building, structure or real property wherein there exists or has occurred any other violation of the Code of the Village of Delhi, including the New York State Uniform Fire Prevention and Building Code, the Property Maintenance Code of New York State and any subsequent amendments or superseding provisions thereto, all of which have been previously adopted and incorporated into said Code of the Village of Delhi by reference.
(30) 
Any building, structure or real property wherein there have been, within 24 months, three or more convictions, in any court of competent jurisdiction, of an owner, lessee, occupant, guest or business invitee, for any single provision or any combination of provisions set forth in this chapter.
(31) 
Code of the Village of Delhi, Chapter 200, Nuisance Parties.

§ 199-3 Village's discretion not to assign points.

The Village Board may exercise its discretion not to assign points for violations in accordance with § 199-2 if the owner and/or any other person directly or indirectly in control of the premises where the violation occurred has been proactive in working with the Village on corrective measures to abate the nuisance.

§ 199-4 Notice of violations.

Each time points are assessed as designated in this chapter, written notice shall be sent by certified mail, return receipt requested, from the Village Attorney to the owner and/or any other person directly or indirectly in control of the premises. Such notice shall detail the violations which have occurred, the points assessed for such violations, the current points total for the premises and the provisions of the Village Code under which the owner and/or any other person directly or indirectly in control of the premises may be subject to legal action for the existence of a public nuisance.

§ 199-5 Action brought by Village Attorney.

Where a public nuisance is deemed to exist at any building, structure or real property within the Village of Delhi, the Village Attorney shall, at the direction of the Mayor or Board of Trustees by resolution, initiate administrative proceedings as set forth in § 199-6.

§ 199-6 Administrative proceedings.

Notice and opportunity for a hearing shall be given to the owner and/or any other person directly or indirectly in control of a building, structure or real property at which it is alleged a public nuisance exists. Such notice shall be served in the manner required by Article 3 of the New York State Civil Practice Law and Rules, provided that any service other than delivery to the person to be served shall be complete immediately upon delivery, mailing or posting without the necessity of filing proof of service with the clerk of the court.
A. 
Notice. The notice given shall:
(1) 
Detail the violations which have occurred, the points assessed for such violations and the accumulation of points resulting in the allegation of a public nuisance;
(2) 
State the remedial measures required to abate the public nuisance, along with a specified time frame within which such measures are to be taken;
(3) 
Inform the person to whom it is directed of his or her right to apply to the Village Attorney, in writing, within 14 days of service of the notice for a hearing to challenge the allegations set forth in the notice and the remedial measures required to be taken; and
(4) 
Inform the person to whom it is directed that upon a failure to take the remedial measures required to abate the public nuisance within the time frame specified or upon noncompliance with any agreement or findings reached at the hearing, the Village may bring a civil action and/or any of the enforcement actions as provided by this chapter.
B. 
Request for a hearing. The Village shall give notice of the time, date and place of such a hearing to the person who requested it. If no hearing is requested within the specified time frame, the notice is deemed unchallenged and the person to whom it is directed must comply with the remedial measures required to abate the public nuisance within the time frame specified or face a civil action and/or any of the enforcement actions as provided by this chapter.
C. 
Hearing panel. If a hearing is requested, a hearing panel shall be formed, consisting of an individual to be appointed by the chief Code Enforcement Officer, an individual to be appointed by the Chief of Police and an individual to be appointed by the Village Board. Each appointing authority shall be authorized to appoint himself/herself or any member of his/her staff or department to the hearing panel.
D. 
Evidence of public nuisance. A conviction for an offense delineated in the definition of "public nuisance" in a court of competent jurisdiction shall not be required to establish that a specified violation of law has occurred at a building, structure or real property. Instead, the Village shall be required to prove a specified violation by a preponderance of the evidence. However, a conviction as deemed and applied in accordance with the provisions of § 1.20 of the Criminal Procedure Law, in any court of competent jurisdiction, shall constitute conclusive proof of such a violation of law. Conviction of an attempt to commit a violation of any of the specified provisions shall be equivalent to a conviction for a violation of the specified provision.
E. 
Lack of knowledge no defense. The lack of knowledge of acquiescence or participation in, or responsibility for a public nuisance on the part of the owner or any other person directly or indirectly in control of a building, structure or real property at which it is alleged a public nuisance exists shall not be a defense by such owner or other person.
F. 
Hearing. At the hearing, the Village Attorney or his/her designee shall present all relevant evidence and/or witnesses demonstrating the existence of a public nuisance at the building, structure or real property, the notice given concerning the violations constituting the public nuisance, proper service of notice concerning the administrative proceedings on the owner or any other person directly or indirectly in control, and the failure or refusal of such person to fully and properly abate said nuisance despite notice and opportunity to do so. The owner and/or any other person directly or indirectly in control of the building, structure or real property, or their representative, shall have the right to examine such evidence, cross-examine any witnesses presented by the Village Attorney or his/her designee and may present any relevant evidence and/or witnesses in their defense. The Village Attorney or his/her designee shall have the right to examine such evidence and cross-examine any such witnesses. The hearing shall also provide an opportunity for the Village Attorney or his/her designee, the owner or any other person directly or indirectly in control of the building, structure or real property and the hearing panel to reach an agreement concerning the remedial measures required to abate the public nuisance and the time frame within which they are to be done.
G. 
Panel's findings. If no agreement is reached at the administrative hearing, the panel shall provide a written decision stating their determination as to whether or not a public nuisance exists at the building, structure or real property. If a public nuisance is found to exist, the panel shall further state in its decision the remedial measures the owners and/or any other person directly or indirectly in control are to perform or undertake to abate the public nuisance, along with a specified time frame within which they are to be done. This decision shall be provided as soon after the hearing as reasonably possible to the Village Mayor, the Village Board, the Village Attorney, the chief Code Enforcement Officer, the Chief of Police and the owners and/or any other person directly or indirectly in control of the building, structure or real property.
H. 
Cost of administrative hearing. Should the hearing panel determine that a public nuisance exists and direct an abatement, the panel may impose a civil penalty reflecting the cost of the administrative hearing against the owner and/or any other person directly or indirectly in control of the building, structure or real property in an amount up to $1,000, or such additional amount as may be determined from time to time by resolution of the Village Board of Trustees.

§ 199-7 Compliance.

A. 
Monitoring. Compliance with the remedial measures required to abate a public nuisance set forth in either an unchallenged notice, an agreement reached at an administrative hearing or the written decision of a hearing panel shall be monitored by the Police Department and/or the Code Enforcement Officer. The Police Chief and/or the Code Enforcement Officer shall provide written notification of such compliance or noncompliance to the Village Mayor, the Village Board, the Village Attorney and the owner and/or any other person directly or indirectly in control of the building, structure or real property.
B. 
Compliance. If the subject nuisance is satisfactorily abated within the specified time frame no further action will be taken.
C. 
Noncompliance. If the subject nuisance is not satisfactorily abated within the specified time frame, the Police Chief and/or the Code Enforcement Officer shall expressly request the Village Attorney to seek Village Board authority to bring a civil action as described in § 199-8 herein.

§ 199-8 Civil action.

A. 
The Village Attorney may bring and maintain a civil action in the name of the Village to abate a public nuisance and shall commence the civil action by the filing and serving of a summons and complaint in the manner required by New York State Civil Practice Law and Rules.
B. 
The venue of the action shall be in the New York State Supreme Court (Supreme Court) located in the County of Delaware where the public nuisance is being conducted, maintained, permitted or allowed.
C. 
In the event personal jurisdiction cannot be obtained over a proper party, in rem jurisdiction over the building, structure or real property shall be completed by affixing the summons to the building, structure or real property and by mailing the summons and complaint by certified or registered mail, return receipt requested, to the person in whose name the real property is recorded at the office of the Village Assessor.
D. 
With respect to any action commenced or to be commenced, the Village Attorney may file a notice of pendency pursuant to the New York State Civil Practice Law and Rules.

§ 199-9 Civil penalty; taxable lien against property; disbursement of funds.

If, upon the trial of an action in Supreme Court for a public nuisance or upon a motion for summary judgment, a finding is made that defendants have conducted, maintained, permitted or allowed a public nuisance, a penalty may be awarded as deemed appropriate by the Court. Any penalty so awarded shall become a taxable lien against the real property. Upon recovery, such penalty shall be paid into the Village's general fund.

§ 199-10 Permanent injunction; preliminary injunction; temporary restraining order.

A. 
Nothing in this chapter shall limit the Village from seeking a permanent injunction, a preliminary injunction or a temporary restraining order.
B. 
If, upon the trial of an action for a public nuisance or upon a motion for summary judgment, a finding is made that defendants have conducted, maintained, permitted or otherwise allowed a public nuisance, a permanent injunction may be granted as ordered by the Court.

§ 199-11 Effect of injunctive action.

Injunctive action taken by the Village Police Department or Code Office in accordance with any court order shall not constitute an act of possession, ownership or control by the Village and shall not relieve the owners of their duties, responsibilities and legal obligations as related to the building, structure or real property.

§ 199-12 Enforcement powers of the Mayor.

In addition to the procedures established elsewhere in this chapter, the Mayor or the Mayor's designee, after notice and opportunity for a hearing has been given and a determination that a public nuisance exists has been made, shall be authorized:
A. 
To order the closing of the building, structure or real property to the extent necessary to abate the nuisance;
B. 
To suspend for a period not to exceed six months or revoke for a period of 13 months a certificate of use issued for such building, structure or real property, and to prevent the operator from obtaining a new certificate of use for another location for the period of suspension or revocation;
C. 
To suspend for a period not to exceed six months or revoke for a period of 13 months any occupational license or permit issued by the Village related to the conduct of a business or trade at a building, structure or real property, which suspension or revocation shall also apply to any other locations operated by the holder for which the license or permit is required;
D. 
To suspend for a period not to exceed six months or revoke for a period of 13 months any fraternity or sorority house special use permit issued by the Village pursuant to Article XIB of Chapter 300 of the Village Code; or
E. 
Any combination of the above.

§ 199-13 Orders.

A. 
Orders of the Mayor or the Mayor's designee issued pursuant to this section shall be posted at the building, structure or real property where a public nuisance exists or is occurring in violation of law and shall be mailed to the owner of record thereof within one business day of the posting.
B. 
Five business days after the posting of an order issued pursuant to this section and upon the written directive of the Mayor or the Mayor's designee, officers of the Village of Delhi Police Department are authorized to act upon and enforce such orders.
C. 
Where the Mayor or the Mayor's designee closes a building, structure, or real property pursuant to this section, such closing shall be for such period as the Mayor or the Mayor's designee may direct, but in no event shall the closing be for a period of more than 13 months from the posting of the order pursuant to this section. If the owner, lessor, or lessee shall file a bond in an amount determined by the Mayor or the Mayor's designee, but not exceeding the value of the property ordered to be closed, and submit proof satisfactory to the Mayor or the Mayor's designee that the nuisance has been abated and will not again be created, maintained or permitted for such period of time as the building, structure or real property has been directed to be closed by the order of the Mayor or the Mayor's designee, then the Mayor or the Mayor's designee may vacate the provisions of the order that direct the closing of the building, structure, or real property.
D. 
A closing directed by the Mayor or the Mayor's designee pursuant to this section shall not constitute an act of possession, ownership, or control by the Village of the closed building, structure or real property.

§ 199-14 Penalties for disobedience of order.

A. 
It shall be a misdemeanor for any person to use or occupy any building, structure, or real property, or portion thereof, ordered closed by the Mayor or the Mayor's designee pursuant to this chapter.
B. 
Mutilation or removal of a posted order of the Mayor or the Mayor's designee shall be punishable by a fine of not less than $250 or by imprisonment not exceeding 15 days, or both, provided such order contains therein a notice of such penalty.
C. 
Intentional disobedience or disregard of any provision of orders issued by the Mayor or the Mayor's designee pursuant to this section, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $1,000 or by imprisonment not to exceed six months, or both.

§ 199-15 Severability.

If any clause, sentence, paragraph, word, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof, directly involved in the controversy in which said judgment shall have been rendered.

§ 199-16 Remedies not exclusive.

Nothing within this section of the Code of the Village of Delhi shall preclude the Delhi Police and/or the Delhi Code Enforcement Officers from prosecuting and/or enforcing the very same acts of public nuisance against the same owners, occupiers, tenants or lessees of the subject building, structure or real property under any other applicable section of the Village Code or laws of the State of New York.

§ 199-17 Authority of Village residents to bring nuisance suits.

Nothing within this section of the Code of the Village of Delhi shall preclude residents of the Village from bringing and maintaining a suit to abate any nuisance in the Village under the provisions of § 715 of the New York State Real Property Actions and Proceedings Law, § 231 of the New York Real Property Law or a public nuisance action where they can show that they have suffered special injury or damage. Furthermore, nothing within this section shall preclude residents of the Village from bringing a private nuisance action against any other resident.

§ 199-18 When effective.

This chapter shall become effective immediately upon its filing in the office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law.