City of Buffalo, NY General Provisions

The Council of the City of Buffalo finds that public nuisances exist in the City of Buffalo in the operation of certain commercial establishments and the use or alteration of property in flagrant violation of the Building Code, Zoning Ordinances, health laws, multiple dwelling law, penal laws regulating obscenity, prostitution and related conduct, licensing laws, environmental laws, laws relating to the sale and consumption of alcoholic beverages, laws relating to gambling, controlled substances and dangerous drugs and penal laws relating to the possession of stolen property, all of which interfere with the interest of the public in the quality of life and total community environment, the tone of commerce in the City, property values and the public health, safety and welfare. The Council further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the people of the City of Buffalo and of the businesses thereof and visitors thereto. It is the purpose of the Council to create one standardized procedure for securing legal and equitable remedies relating to the subject matter encompassed by this chapter, without prejudice to the use of procedures available under existing and subsequently enacted laws and to strengthen existing laws on the subject.

The following are declared to be public nuisances:

Any building, erection or place, including one- or two-family dwellings, used for the purpose of prostitution, as defined in § 230.00 of the Penal Law. Two or more criminal convictions of persons for acts of prostitution in the building, erection or place, including one- or two-family dwellings, within the one-year period preceding the commencement of an action under this chapter shall be presumptive evidence that the building, erection or place, including one- or two-family dwellings, is a public nuisance. In any action under this subsection, evidence of the common fame and general reputation of the building, previous violations occurring at said premises, erection or place, including one- or two-family dwellings, of the inmates or occupants thereof or of those resorting thereto shall be competent evidence to prove the existence of the public nuisance. If evidence of the general reputation of the building, erection or place, including one- or two-family dwellings, or of the inmates or occupants thereof is sufficient to establish the existence of the public nuisance, it shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance on the part of the owners, lessors, lessees and all those in possession of or having charge of, as agent or otherwise, or having any interest in any form in the property, real or personal, used in conducting or maintaining the public nuisance.

Any building, erection or place, including one- or two-family dwellings, used for the purpose of obscene performances. The term "obscene" shall have the same meaning as that term is defined in Subdivision 1 of § 235.00 of the Penal Law. The term "performance" shall have the same meaning as that term is defined in Subdivision 3 of § 235.00 of the Penal Law. Two or more convictions, as defined in Subdivision 13 of § 1.20 of the Criminal Procedure Law, of persons for production, presentation or direction of an obscene performance or for participation in such performance in the building, erection or place, including one- or two-family dwellings, within the one-year period preceding the commencement of an action under this chapter shall be presumptive evidence that the building, erection or place, including one- or two-family dwellings, is a public nuisance.

Any building, erection or place, including one- or two-family dwellings, used for the purpose of promotion of obscene material. The term "obscene" shall have the same meaning as that term is defined in Subdivision 1 of § 235.00 of the Penal Law. The term "material" shall have the same meaning as that term is defined in Subdivision 2 of § 235.00 of the Penal Law. Two or more convictions, as defined in Subdivision 13 of § 1.20 of the Criminal Procedure Law, of persons for promotion of or possession with intent to promote obscene material in the building, erection or place, including one- or two-family dwellings, within the one-year period preceding the commencement of an action under this chapter shall be presumptive evidence that the building, erection or place, including one- or two-family dwellings, is a public nuisance.

Any building, erection or place, including one- or two-family dwellings, which has been cited by the appropriate agency as being in violation of any one of the codes contained in Article II of Chapter 281, Article I of Chapter 169, Chapter 66, § 63-3, Chapter 103, Chapter 129, § 235-2, and Chapter 459 of this Code, and said violation is continuing and unabated within a reasonable duration set by said agency and of such a nature as to endanger the health, safety and welfare of the citizens within the period of one year preceding commencement of an action under this chapter shall be presumptive evidence that the building, erection or place, including one- or two-family dwellings, is a public nuisance.

Any building, erection or place, pursuant to Chapter 242 of this Code, which is an unfit dwelling or dwelling unit as defined in Chapter 242 of this code.

Any building, erection or place, including one- or two-family dwellings, used for the purpose of a business, activity or enterprise which is not licensed as required by law.

Any building, erection or place, including one- or two-family dwellings, wherein, within the period of one year prior to the commencement of an action under this chapter, there have occurred five or more violations of any of the provisions of Article 220, Article 221 or Article 225 of the Penal Law.

Any building, erection or place, including one- or two-family dwellings, used for any of the unlawful activities described in § 123 of the Alcoholic Beverage Control Law.

Any building, erection or place, including one- or two-family dwellings, wherein there is occurring a violation of Chapter 103 or Chapter 242 of this Code.

Any building, erection or place, including one- or two-family dwellings, wherein there is occurring a violation of Chapter 293 of this code.

Any building, erection or place, including one- or two-family dwellings, wherein there exists or is occurring a violation of Chapter 511, the Zoning Ordinance of the City of Buffalo.

Any building, erection or place, including one- or two-family dwellings, wherein there is occurring a criminal nuisance as defined in § 240.45 of the Penal Law.

Any building, erection or place, including one- or two-family dwellings, wherein, within the period of one year prior to the commencement of an action under this chapter, there have occurred two or more violations on the part of the lessees, owners, operators or occupants of the provisions of §§ 165.40, 165.45, 165.50, 170.65, 170.70 and 175.10 of the Penal Law or § 415-a of the Vehicle and Traffic Law.

Any nonaccessory sign wherein there exists or is occurring a violation of Chapter 511, Zoning, of the City of Buffalo.

[Added 6-9-1992, effective 6-22-1992]