[HISTORY: Adopted by the Common Council of the City of Cortland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-15-2008]
This chapter shall be known as the "Nuisance Party Ordinance."
For the purposes of this chapter, the following terms are defined
as follows:
A gathering which is conducted on premises within the City
of Cortland and which, by reason of the conduct of the persons in
attendance, results in any one or more of the following conditions
or events occurring at the site of the gathering, or on neighboring
public or private property:
Disorderly conduct.
Unlawful possession of an open container of alcoholic beverage.
Outdoor urination or defecation in public view.
Unlawful sale, furnishing, dispensing or consumption of an alcoholic
beverage.
Sale or furnishing of an alcoholic beverage to an underage person.
Unlawful possession, sale or use of a controlled substance.
Unlawful deposit of litter or refuse.
The damage or destruction of real or personal property.
Unlawful pedestrian or vehicular traffic.
Standing or parking of vehicles that obstructs the free flow
of traffic on the public streets and sidewalks or that impedes the
ability to render emergency services.
Unlawfully loud noise.
Any person who is an owner, occupant, tenant, or otherwise
has rightful possession or possessory control, individually or jointly
with others, of any premises, who either sponsors, conducts, hosts,
invites or permits a gathering on said premises.
No responsible person shall sponsor, conduct, host, invite,
allow or permit a nuisance party.
Any police officer, peace officer, or Code Enforcement Officer
who observes a nuisance party occurring may order that the nuisance
party be ceased and order all nonresidents on the premises where the
nuisance party has occurred to leave the premises immediately.
No person shall remain on the premises where a nuisance party
has been ordered to be ceased by an officer of the City of Cortland
Police Department unless the person resides at the premises where
the nuisance party has occurred.
Any person violating any provisions of this chapter shall be
guilty of an offense punishable by a fine not to exceed $500 in amount,
or imprisonment not to exceed 15 days, or both such fine and imprisonment,
or a civil penalty of $500 for each offense. Nothing herein contained
shall prevent the City of Cortland from taking such other lawful action
as necessary to prevent or remedy a violation.
In the event that any section, paragraph, sentence, clause or
phrase of this chapter is held invalid or unconstitutional by any
court of competent jurisdiction, the invalid or unconstitutional portions
of the chapter shall be deemed severable from the chapter and shall
in no way affect the validity of the rest of the chapter.
[Adopted 12-2-2014 by L.L. No. 10-2014]
The City of Cortland Council finds that a public nuisance exists
in the City of Cortland in the operation of certain commercial establishments
and the use or alteration of residential and commercial property,
in flagrant violation of the building code, zoning regulations, health
laws, multiple dwelling law, penal laws regulating obscenity, prostitution
and related conduct, gambling, controlled substances and dangerous
drugs, and possession of stolen property and licensing laws. All of
these interfere with the interest of the public in property values,
public health, safety and welfare and the quality of life and community
environment. 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 Cortland 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 article,
without prejudice to the use of procedures available under existing
and subsequently enacted laws, and to strengthen existing laws on
the subject.
As used in this article, the following terms shall have the
meanings indicated:
Includes, but is not limited to, the following: any search
warrants served on the property where controlled substances and/or
weapons were seized; investigative purchases of controlled substances
on or near the property by law enforcement agencies or their agents;
arrests for violations of controlled substance laws and/or possession
of weapons; loitering for the purpose of engaging in illegal activity;
an increase in the volume of traffic associated with property; complaints
made to law enforcement officials of illegal activity associated with
the property; and finding of illegal weapons, as defined in § 265.00
of the Penal Law, or controlled substances, as defined in Articles
220 and 221 of the Penal Law, on or near property by law enforcement
officials and their agents.
A structure where space is covered or enclosed for the use,
shelter, storage or protection of persons, animals, chattel or property
of any kind and which is permanently affixed to the land.
A building subordinate to the principal building on the lot
and used for purposes which are clearly related but incidental to
that of said principal building.
A building or portion thereof utilized to accommodate the
activities of a business.
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold or services offered.
The entry of a plea of guilty to or a verdict of guilty upon
an accusatory instrument or to one or more counts of such instrument.
The presumption of knowledge by Subdivision 1 of § 235.10
of the Penal Law shall be applicable to this article. Notice, by mail
or personal service, of activities entailing a public nuisance to
the property owner of record shall be evidence of knowledge of the
public nuisance.
A parcel of land with or without buildings or structures
delineated by lot line and having access to a street as defined in
this article.
The New York State Penal Law.
Includes but is not limited to:
Any building, accessory building, business office, lot or yard
used for the purpose of:
Illegal drug use, possession or distribution and/or loitering
for the purpose of unlawfully using or possessing controlled substances
as defined in Articles 220 and 221 and § 240.36 of the Penal
Law.
Prostitution as defined in § 230.00 of the Penal Law
and loitering for the purposes set forth in § 240.37 of
the Penal Law.
Loitering as defined in § 240.35 of the Penal Law.
Obscene performances and/or promotion of obscene material as
defined in Article 235 of the Penal Law.
A business, activity or enterprise which is not licensed as
required by federal, state or local law and/or ordinance.
Unlawful activities described in § 123 of the Alcohol
Beverage Control Law (unlawful sale, manufacture or consumption).
Gambling activities described in Article 225 of the Penal Law.
Animal fighting as defined in § 351 of the Agriculture
and Markets Law of the State of New York.
Occupancy as defined by the City Charter.
Any building, accessory building, business office, lot or yard
used for the purpose of, or to aid in, the commission of a violation
of Article 265 of the Penal Law (firearms and dangerous weapons).
Any building, accessory building, business office, lot or yard
wherein:
There exists or is occurring a violation of Chapter 300 of the City Code (Zoning), or other provision of the fire, property maintenance or unsafe building provisions of the City Code or New York State Uniform Fire Prevention and Building Code.
There is or has occurred a criminal nuisance as defined in §§ 240.45
and 240.46 of the Penal Law.
There is or has occurred a violation of the provisions of §§ 165.40,
165.45, 165.50 (criminal possession of stolen property), 170.65 (forgery
of vehicle identification number), 170.70 (illegal possession of vehicle
identification number) and 175.10 (falsifying business receipts) of
the Penal Law and of § 415-a (vehicle dismantlers) of the
Vehicle and Traffic Law.
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
Conduct, or evidence of conduct, prohibited under this article.
A violation does not require criminal prosecution and conviction but
only a preponderance of evidence that the prohibited conduct is occurring
or has occurred. Evidence of prohibited conduct may include, but is
not limited to, police 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.
An open area on a lot which is open to the sky that is unoccupied
by a land use or activity.
A.
Evidence. In any action under this section, evidence of the common
fame and general reputation of the building, structure or place, of
the inhabitants or occupants thereof, or of those resorting thereto,
shall be competent evidence to prove the existence of a property or
building nuisance.
B.
Scienter. If evidence of the general reputation of the building,
structure or place, or of the inhabitants or occupants thereof, is
sufficient to establish the existence of the nuisance, it shall be
prima facie evidence of knowledge thereof and 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 property or building
nuisance.
C.
Presumptions.
(1)
Any building, accessory building, business office, lot or yard wherein within the period of two years prior to the commencement of a proceeding under this article there have occurred two or more convictions, as defined in § 194-9 on the part of the lessees, owners, operators or occupants of the provisions of this article, as defined in § 194-9 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(2)
Any building, accessory building, business office, lot or yard wherein within the two-year period prior to the commencement of a proceeding under this article there have occurred four or more violations on the part of the lessees, owners, operators or occupants of the provisions of this article, as defined in § 194-9 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(3)
Any building, accessory building, business office, lot or yard wherein within the period of two years prior to the commencement of an action under this article there has been presented a preponderance of evidence of repeated criminal activity which has an adverse impact, as defined in § 194-9 of this article, on such property or neighborhood shall be prima facie evidence that a public nuisance exists at said location.
B.
The notice. The City Attorney shall name as defendants the building,
describing it by tax map number and/or street address, and at least
one of the owners of some part of or interest in the property.
C.
The petition.
(1)
The City Attorney shall bring and maintain a civil special proceeding in the name of the City of Cortland in the Supreme Court of Cortland County, or any other court of competent jurisdiction, to permanently enjoin the public nuisance and the persons conducting, maintaining or permitting the public nuisance, as defined in § 194-9 of this article, from further conducting, maintaining or permitting the public nuisance in the manner provided in this article. The owner, operator and/or lessee of a building, structure or place wherein the public nuisance is being conducted, maintained or permitted may be made defendants in the action.
(2)
The existence of an adequate remedy at law shall not prevent the
granting of temporary or permanent relief pursuant to this article.
(3)
The petition shall allege the facts constituting the nuisance and
name as defendants the building, structure or place wherein the nuisance
is being conducted, maintained or permitted, by describing it by tax
map number or street address, and at least one of the owners who possesses
some part of or an interest in the property.
(4)
Any petition filed under this article shall be verified or accompanied
by an affidavit(s) for purposes of showing that the owner or their
agent has notice of the nuisance and has had an opportunity to abate
the nuisance.
(5)
The petition shall contain a description of the attempts by the applicant
to notify and locate the owner of the property and/or the owner's
agent.
(6)
The petition shall describe the adverse impact associated with the
property on the surrounding neighborhood.
D.
In rem jurisdiction over building, structure or place. In rem jurisdiction
shall be complete over the building, structure or place wherein the
public nuisance is being conducted, maintained or permitted by affixing
the notice and petition to the door of the building, structure or
place, and by mailing the notice and petition by certified or registered
mail, return receipt requested, and by first class mail, to one of
the owners who possesses some part of or an interest in the property.
Proof of service shall be filled within two days thereafter with a
clerk of the court designated in the summons. Service shall be complete
upon such filing.
E.
Service of notice and petition on other defendants. A defendant(s)
other than the building, structure or place wherein a public nuisance
is being conducted, maintained or permitted shall be served with the
petition as provided in the Civil Practice Law and Rules.
F.
Notice of pendency. With respect to any proceeding commenced or to
be commenced pursuant to this article, the City Attorney may file
a notice of pendency pursuant to the provisions of Article 65 of the
Civil Practice Law and Rules.
G.
Presumption of ownership. The owner of the real estate affected by
the action shall be presumed to be the person in whose name the real
estate is recorded in the office of the City of Cortland Assessor
and/or the office of the clerk of the County of Cortland.
H.
Presumption of employment or agency. Whenever there is testimony
that a person was the manager, operator, supervisor or in any other
way in charge of the premises at the time a public nuisance was being
conducted, maintained or permitted, such evidence shall be presumptive
that they were an agent or employee of the owner or lessee of the
building, structure or place considered to be a nuisance.
I.
Penalty. If, upon the trial of an action under this article, or upon
a motion for summary judgment in a proceeding under this article,
a finding is made that the defendant(s) has conducted, maintained
or permitted a nuisance defined in this article, a penalty may be
awarded in an amount not to exceed $1,000 for each day it is found
that the defendant conducted, maintained or permitted the public nuisance
after notice to abate was given by the City. In addition, the defendant(s)
shall be liable for the costs of the City in bringing the proceeding,
including reasonable attorneys' fees and other litigation expenses.
Upon recovery such penalty shall be paid into the general fund of
the City of Cortland.
J.
Enforcement. A judgment pursuant to this article shall be enforced
by the local law enforcement with jurisdiction and the office of the
City Attorney.
A.
A judgment awarding a permanent injunction, pursuant to this article,
may direct the local law enforcement to seize and remove from the
building, structure or place any and all material, equipment and instrumentalities
used in the creation and maintenance of the public nuisance and shall
direct the sale by the local law enforcement of such property in the
manner provided for the sale of personal property under execution
pursuant to the provisions of the Civil Practice Law and Rules. The
net proceeds of any such sale, after deduction of the lawful expenses
involved, shall be paid into the general fund of the City.
B.
A judgment awarding a permanent injunction pursuant to this article
may authorize agents of the City to forthwith remove and correct construction
and structural alterations in violation of the applicable building
and other codes. Any and all costs associated with these repairs or
alterations shall become a lien against said property and shall have
priority before any mortgage or other lien that exists prior to such
filing, except tax and assessment liens and any nuisance abatement
lien.
C.
A judgment awarding a permanent injunction, pursuant to this article, may direct the closing of the building, structure or place by the local law enforcement, to the extent necessary to abate the nuisance, and shall direct the local law enforcement to post a copy of the judgment and a printed notice of such closing conforming to the requirements of § 194-12H. Mutilation or removal of such a posted judgment or notice, while it remains in force, in addition to any other punishment prescribed by law, shall be punishable on conviction by a fine of not more than $250 or by imprisonment not exceeding 15 days, or by both, provided that such judgment contains therein a notice of such penalty.
D.
The closing directed by the judgment shall be for such period as
the court may direct, but in no event shall the closing be for a period
of more than one year from the posting of the judgment provided for
this section. If the owner shall file a bond in the value of the property
ordered to be closed and submit proof to the court that the nuisance
has been abated and will not be created, maintained or permitted for
such period of time as the building, structure or place has been directed
to be closed in the judgment, the court may vacate the provisions
of the judgment that directed the closing of the building, structure
or place.
E.
A closing by the local law enforcement pursuant to this section shall
not constitute an act of possession, ownership or control by the local
law enforcement of the closed premises.
F.
Intentional disobedience or resistance to any provision of a judgment
awarding a permanent injunction pursuant to this article, 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 exceeding six
months, or by both.
G.
Upon the request of the City Attorney or the Mayor, local law enforcement
with jurisdiction shall assist in the enforcement of a judgment awarding
a permanent injunction entered in an action brought pursuant to this
article.
H.
A judgment rendered awarding a permanent injunction pursuant to this
article shall be and become a lien upon the building, structure or
place named in the petition in such action, such lien to date from
the time of filing a notice of liens pending in the office of the
clerk of the county wherein the building, structure or place is located.
Every such nuisance abatement lien shall have priority before any
mortgage or other lien that exists prior to such filing, except tax
and assessment liens.
I.
A judgment awarding a permanent injunction pursuant to this article
shall provide, in addition to the costs and disbursements allowed
by the Civil Practice Law and Rules, upon satisfactory proof, by affidavit
or such other evidence as may be submitted, the actual costs, expenses
and disbursements of the City in investigating, bringing and maintaining
the action, including reasonable attorneys' fees and litigation expenses.
A.
Generally.
(1)
Pending an action for a permanent injunction as provided for in this
article, the court may grant a preliminary injunction enjoining a
public nuisance within the scope of this article and the person or
persons conducting, maintaining or permitting the public nuisance
from further conducting, maintaining or permitting the public nuisance.
An order granting the preliminary injunction shall direct a trial
of the issues at the earliest possible time. Where preliminary injunction
has been granted, the court shall render a decision with respect to
a permanent injunction at its earliest convenience after the conclusion
of the trial. A temporary closing order may be granted pending a hearing
for a preliminary injunction where it appears by clear and convincing
evidence that a nuisance within the scope of this article is being
conducted, maintained or permitted and that the public health, safety
or welfare immediately requires the granting of a temporary closing
order. A temporary restraining order may be granted pending a hearing
for a preliminary injunction where it appears by clear and convincing
evidence that a nuisance within the scope of this article is being
conducted, maintained or permitted.
(2)
Enforcement of preliminary injunction. A preliminary injunction shall
be enforced by the City Attorney and the local law enforcement with
jurisdiction.
(3)
Preliminary injunctions; inventory; closing of premises; posting
of order and notices; offenses. If the court grants a preliminary
injunction, the provisions of this article shall be applicable.
B.
Motion papers for preliminary injunction. The City Attorney shall
show, by affidavit and such other evidence as may be submitted, that
there is a cause of action for a permanent injunction abating a nuisance
within the scope of this article.
C.
Temporary closing order.
(1)
If, on a motion for a preliminary injunction pursuant to this section,
the City Attorney shall show, by clear and convincing evidence, that
a nuisance within the scope of this article is being conducted, maintained
or permitted and that the public health, safety or welfare immediately
requires a temporary closing order, a temporary order closing such
part of the building, structure or place wherein the nuisance is being
conducted, maintained or permitted may be granted without notice,
pending order of the court granting or refusing the preliminary injunction
and until further order of the court. Upon granting a temporary closing
order, the court shall direct the holding of a hearing for a preliminary
injunction shall be rendered by the court at the earliest possible
time.
(2)
Service of temporary closing order. Unless the court orders otherwise,
a temporary closing order, together with the papers upon which it
was based and a notice of hearing for the preliminary injunction,
shall be personally served in the same manner as a summons as provided
in the Civil Practice Law and Rules.
D.
Temporary restraining order.
(1)
A temporary restraining order may be granted pending a hearing for
preliminary injunction where it appears by clear and convincing evidence
that a public nuisance within the scope of this article is being conducted,
maintained or permitted and that the public health, safety or welfare
immediately requires the granting of a temporary restraining order.
This order shall restrain the defendants and all other persons from
removing or transferring off the property or in any manner interfering
with the fixtures and movable property used in conducting, maintaining
or permitting the public nuisance and from further conducting, maintaining
or permitting the public nuisance. Upon granting a temporary restraining
order, the court shall direct the holding of a hearing for the preliminary
injunction.
(2)
Service of temporary restraining order. Unless the court orders otherwise,
a temporary restraining order and the papers upon which it was based
and a notice of hearing for the preliminary injunction shall be personally
served in the same manner as a summons as provided in the Civil Practice
Law and Rules.
E.
Temporary closing order; temporary restraining order.
(1)
If, on motion for a preliminary injunction, the City Attorney submits
evidence warranting both a temporary closing order and a temporary
restraining order, the court shall grant both orders.
(2)
Enforcement of temporary closing orders and temporary restraining
orders. Temporary closing orders and temporary restraining orders
shall be enforced by the City Attorney and the Cortland County local
law enforcement's department or other law enforcement officer or agency
with jurisdiction.
F.
Inventory upon service of temporary closing orders and temporary
restraining orders. The officers serving a temporary restraining order
shall forthwith make and return to the court an inventory of personal
property situated in and used in conducting, maintaining or permitting
a public nuisance within the scope of this article and shall enter
upon the building, structure or place for such purpose. Such inventory
shall be taken in any manner which is deemed likely to evidence a
true and accurate representation of the personal property subject
to such inventory, including but not limited to photographing such
personal property.
G.
Closing of premises pursuant to temporary closing orders and temporary
restraining orders. The officers servicing a temporary restraining
order shall, upon service of order, command all persons present in
the building, structure or place to vacate the premises forthwith.
Upon the building, structure or place being vacated, the premises
shall be securely locked and all keys delivered to the officers serving
the order, who thereafter shall deliver the keys to the fee owner,
lessor or lessee of the building, structure or place involved. If
the fee owner, lessor or lessee is not at the building, structure
or place when the order is being executed, the officers shall securely
padlock the premises and retain the keys until the fee owner, lessor
or lessee of the building is ascertained, at which time the officers
shall deliver the keys to such owner, lessor or lessee, if such individual
resides within Cortland County.
H.
Posting of temporary closing orders and temporary restraining orders.
(1)
Upon service of a temporary restraining order, the officer shall
post a copy thereof in a conspicuous place or upon one or more of
the principal doors at entrances of such premises where the public
nuisance is being conducted, maintained or permitted. In addition,
where a temporary restraining order has been granted, the officers
shall affix, in a conspicuous place or upon one or more of the principal
doors at entrances of such premises, a printed notice that shall state
that certain described activity is prohibited by court order and that
removal of property is prohibited by court order.
(2)
If the temporary restraining order directs that the premises are
to be closed by court order, the notice shall contain the legend "closed
by court order" in block lettering of sufficient size to be observed
by anyone intending or likely to enter the premises, the date of the
order, the court from which issued and the name of the office or agency
posting the notice.
(3)
Mutilation or removal of such a posted order or such a posted notice,
while it remains in force, in addition to any other punishment prescribed
by law, shall be punishable, on conviction, by a fine of not more
than $1,000 or by imprisonment not exceeding 90 days, or by both,
provided that such order or notice contains therein a notice of such
penalty.
(4)
The local law enforcement with jurisdiction shall, upon the request
of the City Attorney, or upon the direction of the Supervisor, assist
in the enforcement of this subsection.
I.
Intentional disobedience of or resistance to temporary restraining
order and permanent injunction. Intentional disobedience of, or resistance
to, a temporary restraining order, in addition to any other punishment
prescribed by law, shall be punishable on conviction by a fine of
not more than $1,000 or by imprisonment not exceeding six months,
or by both.
J.
Temporary restraining order or preliminary injunction bond required.
A temporary restraining order or preliminary injunction shall not
issue under this article except upon the giving of a bond or security
by the applicant, in the amount of $1,000, for the payment of such
costs and damages as may be incurred or suffered by any party who
is found to be wrongfully restrained or enjoined. A bond or security
shall not be required of the State of New York, municipal corporations
or political subdivisions of the State of New York.
A.
A temporary restraining order shall be vacated upon notice of the
City Attorney if the defendant shows by affidavit and such other proof
as may be submitted that the public nuisance within the scope of this
article has been abated. An order vacating a temporary closing order
or a temporary restraining order shall include a provision authorizing
agencies of the City to inspect the building, structure or place which
is the subject of an action pursuant to this article periodically,
without notice, during the pendency of the action, for the purpose
of ascertaining whether or not the public nuisance has been resumed.
Intentional disobedience of, or resistance to, an inspection provision
of an order vacating a temporary restraining order, in addition to
any other punishment prescribed by law, shall be punishable, on conviction,
by a fine of not more than $1,000 or by imprisonment not exceeding
six months, or by both. The local law enforcement with jurisdiction
shall, upon the request of the City Attorney, or upon the direction
of the Supervisor, assist in the enforcement of an inspection provision
of an order vacating a temporary restraining order.
B.
A temporary restraining order may be vacated by the court, upon notice
to the City Attorney, when the defendant gives an undertaking and
the court is satisfied that the public health, safety or welfare will
be protected adequately during the pendency of the action. The undertaking
shall be in an amount equal to the assessed valuation of the building,
structure or place where the public nuisance is being conducted, maintained
or permitted or in such other amount as may be fixed by the court.
The defendant shall pay to the City, in the event that a judgment
of permanent injunction is obtained, its actual costs, expenses and
disbursements in investigating, bringing and maintaining the action,
including reasonable attorneys' fees and litigation expenses.
C.
Vacating a temporary injunction or a temporary restraining order.
When the defendant gives an undertaking in the amount of the civil
penalty demanded in the complaint, together with costs, disbursements
and projected annual costs of the prosecution of the action to be
determined by the court, upon a motion on notice to the City Attorney,
a temporary injunction or a temporary restraining order shall be vacated
by the court. The provisions of the Civil Practice Law and Rules governing
undertakings shall be applicable to this article.
A.
Generally, pending an action pursuant to this article, the court
may grant a preliminary injunction enjoining a defendant from making
a bulk transfer, as defined in this section.
B.
If, on a motion for a preliminary injunction against a bulk transfer, the City Attorney shall show by clear and convincing evidence that a public nuisance within the scope of this article is being conducted, maintained or permitted, a temporary restraining order may be granted, without notice, restraining the defendants and all persons from making or permitting a bulk transfer, as defined in this section, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Application for a temporary restraining order shall be made pursuant to § 194-14.
C.
"Bulk transfer" defined. A bulk transfer is any transfer of a major
part of materials, supplies, merchandise or other inventory or equipment
of the transferor in the building, structure or place where the public
nuisance is being conducted, maintained or permitted that is not in
the ordinary course of the transferor's business.
D.
Enforcement of preliminary injunction. A preliminary injunction shall
be enforced by the local enforcement with jurisdiction.
A.
Appointment, duration and removal. In any action wherein the petition
alleges that the nuisance is being conducted or maintained in the
residential portions of any home, residence or sleeping place of one
or more human beings, the court may, upon motion on notice by the
plaintiff, appoint a temporary receiver to manage and operate the
property during the pendency of any action, in lieu of a temporary
closing order. A temporary receivership shall not continue after final
judgment unless otherwise directed by the court. Upon the motion of
any party, including the temporary receiver, or on its own initiative
the appointing court may remove a temporary receiver at any time.
B.
Powers and duties. The temporary receiver shall have such powers
and duties as the court shall direct, including but not limited to
collecting and holding all rents due from all tenants, leasing or
renting portions of the building or structure, making or authorizing
other persons to make necessary repairs or to maintain the property,
hiring security or other personnel necessary for the safe and proper
operation of a dwelling, prosecuting or defending suits flowing from
their management of the property and retaining counsel therefor, and
expending funds from the collected rents in furtherance of the foregoing
powers.
C.
Oath. A temporary receiver, before entering upon their duties, shall
be sworn or shall affirm faithfully and fairly to discharge the trust
committed to such receiver. The oath or affirmation may be waived
upon consent of all parties.
D.
Undertaking. A temporary receiver shall give an undertaking in an
amount to be fixed by the court making the appointment that such receiver
will faithfully discharge their duties.
E.
Accounts. A temporary receiver shall keep written accounts itemizing
receipts and expenditures and describing the property and naming the
depository of receivership funds, which shall be open to inspection
by any person having an apparent interest in the property. Upon motion
of the temporary receiver, or of any person having an apparent interest
in the property, the court may require the keeping of particular records,
or direct or limit inspection, or require presentation of a temporary
receiver's accounts. Notice of motion for the presentation of a temporary
receiver's accounts shall be served upon the sureties on the temporary
receiver's undertaking as well as upon each party.
F.
Receiver's fees. The owner(s) of, or party(ies) responsible for,
the subject property shall be responsible for any fees of the receiver,
and the City shall be entitled to recover from them such receiver's
fees.
This article shall not be construed to exclude any other remedy
provided by law for the protection of the health, safety and welfare
of the people of the City of Cortland.
