City of Port Jervis, NY Chapter 310 Habitual Offenders

[HISTORY: Adopted by the Common Council of the City of Port Jervis 7-11-2011 by L.L. No. 4-2011. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 215.

Dangerous buildings — See Ch. 234.

Numbering of buildings — See Ch. 238.

Housing standards — See Ch. 319.

Noise — See Ch. 381.

Peace and good order — See Ch. 398.

Property maintenance — See Ch. 417.

Rental property — See Ch. 430.

Solid waste — See Ch. 457.

Streets, sidewalks and public property — See Ch. 464.

Trees — See Ch. 492.

Unlicensed, inoperative or discarded vehicles — See Ch. 508.

Zoning — See Ch. 535.

§ 310-1 Findings; purpose; legislative intent.

A. The Common Council finds that nuisances exist in the City of Port Jervis in the use or alteration of residential and commercial property which interfere with the interest of the public and the quality of life and environment of the community, property values and public health, safety and welfare of the residents of the City of Port Jervis. Many of these buildings, structures, erections or places are used in flagrant violation of the building and housing codes, zoning ordinances, health laws, and Multiple Residence Law.[1] The Common Council further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the citizens of the City. The Common Council further finds that such public nuisances are often conducted by habitual offenders.

[1] Editor's Note: This refers to the Multiple Residence Law of the State of New York.

B. It is the purpose of this chapter to authorize and empower the authorized officers and officials of the City of Port Jervis to impose sanctions and penalties for such nuisances and specifically the habitual offenders who conduct them. Such powers may be exercised either in conjunction with, in addition to, or apart from the powers contained in other laws without prejudice to the use of procedures and remedies available under such other laws. The Common Council further finds that the sanctions and penalties imposed pursuant to this chapter constitute an additional and appropriate method of law enforcement in response to the proliferation of the above-described public nuisances. The sanctions and penalties contained herein are reasonable and necessary in order to protect the health and safety of the people of the City of Port Jervis and to protect and promote the general welfare.

C. Ultimately, it is the intent of the Common Council to create a standardized procedure for securing legal and equitable remedies where such nuisances exist in addition to and to supplement procedures available under existing laws and to strengthen existing laws against nuisances and the habitual offenders who conduct them.

§ 310-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

HABITUAL OFFENDER

Any person who shall be convicted of or who shall have judgment entered against them for three separate and distinct public nuisances, as defined in this chapter below, within a twenty-four-month period shall be considered an habitual offender. Such twenty-four-month period shall begin at the date the first conviction or judgment is entered.

[Amended 12-11-2017 by L.L. No. 15-2017]

INCIDENT

An event, circumstance or activity.

MORTGAGEE

The person in whose name the real estate affected by the order is recorded in the office of the Orange County Clerk.

OWNER

The person in whose name the real estate affected by the order is recorded in the office of the Orange County Clerk.

PERSON

Any individual, owner, mortgagee or legal entity. A person can also include a lessee(s), tenant(s), or occupant(s) of a premises.

PREMISES

A building, structure, erection, place, real property, or any part thereof.

§ 310-3 Public nuisances enumerated.

Public nuisance includes but shall not be limited to:

A. Any premises wherein occupants, guests or business invitees commit incidents which interfere with the rights common to all members of the community to the use and enjoyment of their own property. Such chronic public nuisances include, but are not limited to, the following violations of chapters of the City of Port Jervis Code:

(1) Animals, Chapter 215, limited to § 215-12, Removal of Feces.

(2) Dangerous Buildings, Chapter 234.

(3) Numbering of Buildings, Chapter 238.

(4) Housing Standards, Chapter 319.

(5) Noise, Chapter 381.

(6) Peace and Good Order, Chapter 398, limited to § 398-1, Abandoned refrigerators.

(7) Property Maintenance, Chapter 417.

(8) Rental Property, Chapter 430, limited to the following sections: §§ 430-2, Posting of notice; 430-3, Exceptions, and 430-4, Nonresident landlord; resident agent; change of ownership.

(9) Solid Waste, Chapter 457, limited to the following sections: §§ 457-5, Placement of refuse for collection; 457-8, Exterior Property areas to be maintained; 457-9, Accumulation of refuse prohibited; 457-12, Properly packaged;[1] and 457-14, Storage of Refuse.

[1] Editor's Note: Section 457-12 is titled "Collection regulations; fees." For proper packaging, see § 457-12C refers to the Multiple Residence Law of the State of New York.

(10) Streets, Sidewalks and Public Property, Chapter 464, limited to the following sections: §§ 464-8, Responsibility of lot owner; 464-43, Snow and ice removal required; and 464-45, Removal from structures.

(11) Trees, Chapter 492, limited to § 492-2, Responsibility for trimming.

(12) Unlicensed, Inoperative or Discarded Vehicles, Chapter 508.

(13) Zoning, Chapter 535, limited to the following sections: §§ 535-12, Prohibited uses; 535-55, Nonconforming uses; 535-72, Building permit; and 535-73, Certificate of occupancy/compliance.

B. Any premises used for the purpose of a business, activity or enterprise which is not licensed as required by law.

§ 310-4 Penalties for offenses.

Any person who is deemed an habitual offender pursuant to this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined an amount not less than $1,000 and not more than $5,000 or be imprisoned for a period not to exceed 15 days, or by both such fine and imprisonment.

§ 310-5 Severability.

It is the intention of the Port Jervis Common Council that each separate provision of this chapter shall be deemed independent of all provisions herein, and it is further the intention of the Port Jervis Common Council that if any provision of this chapter be declared to be invalid, all other provisions thereof shall remain valid and enforceable.