[HISTORY: Adopted by the Town Board of the Town of Chenango 1-3-2000
by L.L. No. 3-1999. Amendments noted where applicable.]
A.
The Town Board finds that public nuisances exist in the
Town in the form of buildings, structures, places and premises, apartments
or dwelling units being used for the conduct of a variety of illegal activities.
These illegal activities include, but are not limited to, the sale of illegal
drugs and/or controlled substances; the use of such buildings, structures,
premises and places, apartments or dwelling units as crack or drug houses;
and the operation and use of such buildings, structures, premises and places,
apartments and dwelling units in violation of the Penal Law relating to offenses
involving prostitution and the conduct of gambling enterprises.
B.
The Town Board hereby finds and declares that the use
of buildings, structures, premises and places, apartments or dwelling units
in the Town for such improper and illegal purposes can and does have a devastating
effect on the surrounding community with negative consequences for the public
health, safety and welfare. The existence of these public nuisances in occupied
and vacant buildings and other premises and places in the Town substantially
and seriously interferes with the public interest in maintaining the quality
of community life and the total community environment; commerce in the Town;
the value of real property in the Town; and the public health, safety and
welfare.
C.
It is therefore the intent and purpose of the Town Board
to authorize and empower the Ordinance Enforcement Officer to impose sanctions
and penalties for such public nuisances. Further, it is hereby determined
that such powers of the Ordinance Enforcement Office may be exercised and
administered either in conjunction with or apart from the administration and
enforcement of other laws, without prejudice to the use of procedures and
remedies available under such other laws.
D.
The Town Board of the Town of Chenango finds that the
sanctions and penalties imposed pursuant to this chapter constitute an additional
and appropriate method of law enforcement in response to the occurrence and
proliferation of the above-described public nuisances. The sanctions and penalties
are hereby determined to be reasonable and necessary in order to protect the
public health and safety of the people of the Town of Chenango and to promote
the general welfare.
The following definitions shall apply to this chapter:
Shall be defined and applied in accordance with the provisions of
§ 1.20 of the Criminal Procedure Law.
The person charged with the enforcement of all local laws and ordinances
of the Town of Chenango, or a designee thereof.
Any building, structure, place, premises, apartment or dwelling unit
where violations of any of provisions of Article 220, Article 221 (controlled
substances offenses), Article 225 (gambling offenses) and Article 230 (prostitution
offenses)[1] are occurring and where one or more violations of such provisions have resulted in one or more criminal convictions within the eighteen-month period prior to the commencement of a proceeding pursuant to this chapter. It shall be prima facie evidence that violations are occurring where an arrest for violation of any of the provisions of such articles have been made within 30 days prior to the issuance of notice pursuant to this § 48A-4 of this chapter.
[1]
Editor's Note: "Article" references are to the Penal Law.
In addition to the enforcement procedures established elsewhere, the
Ordinance Enforcement Officer or his designee, after notice and opportunity
for a hearing, shall be authorized to:
A.
Order the discontinuance of such activities at the building,
structure, place, premises, apartment and/or dwelling unit where such public
nuisance exists; and/or
B.
Order the closing of said building, structure, place,
premises, apartment and/or dwelling unit to the extent necessary to abate
the nuisance as prescribed below.
A.
Upon written notice to the Ordinance Enforcement Officer that there has been a violation under § 48A-2 of this chapter, the Ordinance Enforcement Officer shall serve notice upon all interested parties that a subsequent violation pursuant to § 48A-2 may result in an action pursuant to § 48A-3 of this chapter.
B.
Upon written notice to the Ordinance Enforcement Officer that there has been a subsequent violation of § 48A-2, the Ordinance Enforcement Officer or his designee shall give notice and an opportunity for a hearing to all interested parties.
C.
For the purposes of this chapter, notice shall be given
to the owner, lessor, lessee, agent and mortgagee of a building, structure,
place, premises, apartment and/or dwelling unit wherein the public nuisance
is being conducted, maintained or permitted. Such notice shall be served on
the owner pursuant to Article 3 of the Civil Practice Law and Rules; upon
the lessor or lessee pursuant to § 735 of the Real Property Actions
and Proceedings Law and upon the mortgagee by means of certified mail, return
receipt requested, sent to the mortgagee's last known address, provided that
any service other than delivery to the person to be served shall be complete
immediately upon delivery, mailing or posting, without the necessity of filing
proof of service with the clerk of any court before the hearing. The person
in whose name the real estate affected by the orders of the Ordinance Enforcement
Officer is recorded in the records of the Assessor of the Town of Chenango,
and shall be presumed to be the owner thereof.
E.
Lack of knowledge of, acquiescence or participation in
or responsibility for a public nuisance on the part of the owners, lessors,
lessees, mortgagees and all those persons in possession or having charge of,
as an agent or otherwise, or having any interest in the property, real or
personal, used in conducting or maintaining the public nuisance, shall not
be used as a defense by such owners, lessors, lessees, mortgagees and such
other persons.
A.
Within 10 days of the service of notice pursuant to § 48A-4, at the time and place as contained in said notice, the Ordinance Enforcement Officer or his designee shall commence a hearing for the purpose of determining his action pursuant to § 48A-3. Each person designated in § 48A-4 shall be given an opportunity to present evidence. Testimony shall be taken from other persons with respect to the violations under § 48A-2. A record of the hearing will be maintained.
B.
At the conclusion of the hearing, the Ordinance Enforcement Officer, or his designee, may issue an appropriate order under § 48A-3 of this chapter. Results of the hearing shall, within 48 hours, be mailed to all persons named in § 48A-4 by means of certified mail, return receipt requested. A copy of said order shall be posted at the premises within 72 hours of the hearing. Five business days after posting of an order issued pursuant to this chapter, the Ordinance Enforcement Officer and/or any other law enforcement officer shall be authorized to act upon and enforce such orders.
A.
Where the Ordinance Enforcement Officer or his designee
orders a closing of a building, structure, place, premises, apartment or dwelling
unit pursuant to this chapter, such closing shall be for a period as the Ordinance
Enforcement Officer or his designee may direct, but in no event shall the
closing be for a period longer than a year from the date of posting of the
order pursuant to this section. The owner, lessor or lessee shall file a bond
in the amount determined by the Ordinance Enforcement Officer (but which may
not exceed the full assessed value of the property ordered to be closed) and
submit proof satisfactory to the Ordinance Enforcement Officer that the nuisance
has been abated and will not be created, maintained or permitted for such
period of time as the closure would have been effective. The Ordinance Enforcement
Officer may vacate the provisions of the order directing closure or may modify
said order. Notwithstanding the above, however, in the event that any party
holding a financial interest in said property comes into title after an order
directing closure, and upon submission to the Ordinance Enforcement Officer
that said party holds a bona fide title to said property, the Ordinance Enforcement
Officer or his designee may vacate any period of time remaining in the original
closure order.
B.
A closing directed by the Ordinance Enforcement Officer
pursuant to this section shall not constitute an act of possession, ownership
or control by the Town of the closed premises.
C.
The Ordinance Enforcement Officer shall order all appropriate
steps to be taken in the event of closure to completely secure the property
from the use during the period of closure. The Ordinance Enforcement Officer
shall perform and take all appropriate steps and shall charge the property
benefited thereby. In the event that the owners do not promptly reimburse
the Town for the necessary steps taken, the Ordinance Enforcement Officer
shall report the charges to the Town Board, which shall order an assessment
against the property so benefited and/or authorize the Town Attorney to commence
immediate procedures through the appropriate court to recover the costs incurred
by the Town of Chenango for the closure of the property as against the owner
of said property.
A.
It shall be a violation for any person to use, or occupy
or to permit any other person to use or occupy any building, structure, place,
premises, apartment or dwelling unit or portion thereof ordered closed by
the Ordinance Enforcement Officer or to mutilate, deface or remove a posted
order of the Ordinance Enforcement Officer. Such violation shall be punishable
by a fine not to exceed $1,000 or a term of imprisonment not to exceed 15
days, or both, provided that such order contains a notice of such penalty.
B.
The person who intentionally or willfully disobeys or
resists any provision of the orders issued by the Ordinance Enforcement Officer
pursuant to this section shall be guilty of a misdemeanor punishable by a
fine not to exceed $1,000 or imprisonment not to exceed six months, or both.
