[Adopted 4-20-1972 as § 14-1 of Ch. 14 of the
Code of Ordinances of 1972]
[Amended 9-5-1996 by Ord. No. 1638]
Any person violating any provision of this section
shall be deemed guilty of violation, as defined in § 10.00,
Subdivision 3, of the Penal Law of the State of New York and, upon
conviction thereof, shall be subject to a fine not exceeding $1,000
and to a similar fine for each day that such violation continues.
[Adopted 5-23-2013 by Ord. No. 1899]
As used in this article, the following terms have the meanings
given them in this section.
CHIEF OF POLICE
The Chief of the Watervliet Police Department or any person
designated by the Chief of Police as his or her designee in the enforcement
of this article.
OWNER
Any person, agent, firm, corporation, association or partnership,
including a mortgagee in possession of whom is vested:
A.
All or part of the legal title to property; or
B.
All or part of the beneficial ownership and a right to present
use and enjoyment of the premises.
PERSON
Any natural person, association, partnership or corporation
capable of owning or using property in the City of Watervliet.
PREMISES
The building, building accessory, structure, business office,
lot, yard, place or property whereon a public nuisance is being conducted
or exits.
SPECIFIED PUBLIC NUISANCE
A.
Any premises used for the purpose of illegal drug use, possession,
distribution and/or loitering for the purpose of unlawfully using
or possessing controlled substances as defined in Article 220 and
marijuana as defined in Article 221 and § 240.36 of the
Penal Law.
B.
Any premises used for the purpose of prostitution as defined
in § 230.00 of the Penal Law and loitering for the purposes
set forth in § 240.37 of the Penal Law.
C.
Any premises used for the purpose of loitering as defined in
§ 240.35 of the Penal Law.
D.
Any premises used for the purposes of business activity or enterprise
which is not licensed as required by federal, state or local law and/or
ordinance.
E.
Any premises used for the purpose of unlawful activities described
in the Alcohol Beverage Control Law.
F.
Any premises used for the purpose of gambling activities described
in Article 225 of the Penal Law.
G.
Any premises where there exists or is occurring a violation of Chapter
127, Building Construction and Fire Prevention, Chapter
128, Buildings, Unsafe, Chapter
135 Outdoor Burning, Open Burning and Burning of Refuse, Chapter
168, Garbage, Waste, Littering and Recycling, Chapter
175, Housing Standards, and Chapter
272, Zoning, of the Code of the City of Watervliet, which violation rises to the level of dangerous to health or safety.
H.
Any premises wherein there is or has occurred a criminal nuisance
as defined in §§ 240.45 and 240.46 of the Penal Law.
I.
Any premises wherein there is or has occurred a violation of
the provisions of §§ 165.40, 165.45, 165.50, 165.52,
165.54, of the Penal Law (Criminal Possession of Stolen Property),
170.10 (Falsifying Business Records), 170.65 (Forgery of a Vehicle
Identification Number), and 170.70 (Illegal Possession of a Vehicle
Identification Number).
J.
Any premises used for the purpose of, or to aid in, the commission
of a violation of Article 265 of the Penal Law (Firearms and Other
Dangerous Weapons).
K.
Any premises used for the purpose of animal fighting or cruelty
to animals as defined in the Agriculture and Markets Law.
L.
Any premises used for the purpose of welfare fraud or food stamp
program fraud defined in the Social Services Law.
M.
Any premises wherein there is or has occurred a violation of
Article 178 (Criminal Diversion of Prescription Medications and Prescriptions)
of the Penal Law.
N.
Any premises used for the purpose of possession, use, sale or
offer for sale of any alcoholic beverage in violation of Article 18
of the Tax Law, or of any cigarette or tobacco products in violation
of Article 20 of the Tax Law.
O.
Any premises wherein there is or has occurred a violation of
§§ 260.20 and 260.21 (Unlawfully Dealing with a Child)
and Articles 130 (Sex Offenses) and 263 (Sexual Performance by a Child)
of the Penal Law.
P.
Any premises wherein an occupant, guest or invitee commits a
violation of Articles 120 (Assault and Related Offenses) and 240 (Offenses
Against Public Order).
Q.
Any premises wherein there is or has occurred a violation of Chapter
197, Noise, of the Code of the City of Watervliet.
VIOLATION
Conduct or evidence of conduct prohibited under this article.
A violation does not require criminal prosecution and conviction but
only a preponderance of the evidence that prohibited conduct is occurring
or has occurred. Evidence of prohibited conduct may include, but is
not limited to, 911 calls, incident reports, investigative reports,
execution of search warrants, results of police surveillance, arrest,
and/or conviction of local and state and federal laws, activities
associated with trafficking of controlled substances on or near the
property and/or increased volume of traffic associated with the property.
The Corporation Counsel may bring and maintain a civil proceeding
in the name of the City of Watervliet for the following types of relief:
B. Temporary closing order for a period of up to one year.
C. Injunction or restraining order as defined in the New York State
Civil Practice Law and Rules.
Whenever there is prima facie evidence, in the opinion of the Corporation Counsel, of a specified public nuisance at any premises within the City of Watervliet, the Corporation Counsel may initiate an administrative hearing, not less than 10 days following service upon the owner by the Chief of Police, Building Inspector or Code Enforcement Officer of the notice, pursuant to §
202-5B herein, that the premises has been determined by the Chief of Police, Building Inspector or Code Enforcement Officer to be a specified public nuisance.
Notice shall be served upon an owner pursuant to Article 3 of
the Civil Practice Law and Rules, upon a tenant or lessee pursuant
to Section 735 of the Real Property Actions and Proceedings Law, and
upon a mortgagee or other person with a legal interest in the property
by means of certified mail, return receipt requested, sent to the
last known address. Service shall be complete upon delivery, mailing
or posting without the necessity of filing proof of service with the
City Clerk or of any court. Proceedings shall be commenced by service
of notice. The notice shall allege the facts constituting the specified
public nuisance and shall set forth the time and place for a hearing
to be held.
The administrative hearing shall be before the Commissioner
of Public Safety and, if that office is vacant, then before the Mayor
or his/her designee. At the hearing, the Corporation Counsel or his/her
designee shall present relevant evidence as to the existence of a
specified public nuisance and as to the appropriate remedies. The
owners or anyone with a legal interest in the property or their representatives
may cross-examine witnesses and present their own evidence. The Commissioner
of Public Safety or, if that office is vacant, the Mayor or his/her
designee shall issue an order setting forth his finding of fact and
the appropriate remedies pursuant to this article.
Neither the City of Watervliet, nor any officer, agent or employee
thereof, shall be personally liable for any damage resulting from
any official determination, order or action required or permitted
by or under this article.
If any provision of this article or the application thereof
to any person or circumstance is held invalid, the remainder of this
article and the application of such provisions to other persons and
circumstances shall not be rendered invalid thereby.