[Adopted 2-10-1997 by L.L. No. 1-1997 (Ch.
26 of the 1981 Code)]
For the purposes of this article the terms used
herein are defined as follows:
ACTION or PROCEEDING
Any action or proceeding which may be instituted in the City
Court of the City of Port Jervis in connection with the alleged violation
of any ordinance or local law of the City of Port Jervis or of the
Multiple Residence Law of the State of New York.
BUILDING
Any improved real property occupied by a commercial building
or use or occupied or used as a one- or two-family residence and which
is located within the City of Port Jervis, which building is, in whole
or in part, leased.
[Amended 12-14-2015 by L.L. No. 6-2015]
OWNER
Any individual or individuals, partnership or corporation,
whether for profit or otherwise, in whose name title to the building
stands.
PROCESS
A summons or any notice, mandate or other paper or process
issued under any provision of the Code of the City of Port Jervis,
the New York Uniform Fire Prevention and Building Code or the Multiple
Residence Law of the State of New York.
In the event that a building is a one-family house, such notice need not be posted. In the event that a building is a two-family house and the owner of the building resides in the building, such notice need not be posted, but the owner shall furnish, in writing, each tenant and the Building Department with the information required in §
430-2 above.
Any person committing an offense against any
provision of this article shall, upon conviction thereof, be punishable
by a fine of not less than $100 nor more than $500.
[Adopted 4-9-2001 by L.L. No. 2-2001 (Ch.
82 of the 1981 Code)]
A special proceeding to evict a tenant from
leased premises may be maintained upon the ground that the premises,
or any part thereof, have been used or occupied for the purpose of
using or possessing illegal drugs. For purposes of this section, 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
who has been in possession for 30 consecutive days or longer.
The procedures applicable to summary proceedings
to recover possession of real property under state law shall be applicable
to any proceeding brought under this article.
Two or more convictions of any person or persons,
within a period of one year, for any of the offenses defined 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 Subdivision 4 of § 4 of the Multiple Dwellings Law shall
be presumptive evidence of conduct constituting use and occupancy
of the premises for the purpose of using and possessing illegal drugs,
and of the tenant's knowledge thereof.
A court granting a petition pursuant to this
section 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 municipality in which the
subject premises is located 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 subject realty.