[HISTORY: Adopted by the Town Board of the Town of Crawford as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-2016 by L.L. No. 8-2016]
A special summary proceeding to evict a tenant from leased premises may be maintained upon the ground that the premises, or any part thereof, has been used or occupied for the use, possession, sale or manufacture of drugs described as illegal by the New York State Penal Law (hereafter "illegal drugs"). For the purpose of this chapter, the term "tenant," in addition to its ordinary meaning, shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel or motel who has been in possession of the premises for 30 consecutive days or longer. The term "premises" shall mean the apartment, room or rooms used or occupied by the tenant. The term "real property" shall mean the parcel of land or building in which such apartment, room or rooms is located.
The procedures applicable to summary proceedings to recover possession of premises or real property under New York State law shall be applicable to any proceeding brought under this chapter.
A. 
The following persons, corporations or agencies may serve personally upon the owner or landlord, or upon his agent, of premises used or occupied in whole or in part for the use, possession, sale or manufacture of illegal drugs, a written notice requiring the owner, landlord or agent to make an application for the removal of the person(s) so using or occupying the premises:
(1) 
Any domestic corporation organized for the suppression of vice, subject to or which submits to visitation by the State Department of Social Services and possesses a certificate of such fact and of conformity with the regulations of the State Department of Social Services.
(2) 
Any duly authorized enforcement agency or person of the state or of a subdivision thereof, which or who is under a duty or is authorized to enforce the provisions of the Penal Law or of any state or local law, ordinance, code, rule or regulation relating to buildings.
B. 
If the owner or landlord or his agent does not make such application for removal within 15 days after the date of the mailing of the notice; or having, made the application, does not in good faith diligently prosecute the application, the person, corporation or enforcement agency giving the notice may bring a proceeding under this chapter for such removal as though such petitioner were the owner or landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner, landlord or agent and over a proceeding previously brought by the owner, landlord or agent and not prosecuted diligently and in good faith.
C. 
Proof of existence, use, sale or manufacture of illegal drugs on the premises shall constitute presumptive evidence of the unlawful use of the premises required to be stated in the petition for removal. The person(s) in possession of the premises and the owner or landlord shall be made respondents in the proceeding.
Two or more convictions of any person or persons, within a period of one year, for any of the offenses described in Articles 220 and 221 of the Penal Law arising out of conduct engaged in at the same real property consisting of a dwelling as that term is defined in § 4(4) of the Multiple Dwellings Law shall be presumptive evidence of conduct constituting illegal use and occupancy of the real property for the use, possession, sale or manufacture of illegal drugs and of the owner's and landlord's knowledge of such illegal use and occupancy.
A court granting a petition pursuant to this chapter may, in addition to any other order provided by law, make an order imposing and requiring the payment by the respondent of a civil penalty not exceeding $5,000 to the Town of Crawford and the payment of reasonable attorneys' fees and the costs of the proceeding to the petitioner. In any such case, multiple respondents shall be jointly and severally liable for any payment so ordered, and the amounts of such payments shall constitute a lien upon the real property, and such payment amount, including interest, may be assessed and levied against the real property and collected in the same manner as real property taxes.