City of Troy, NY Article II Abatement by Commissioner of Public Works

[Adopted 9-4-1997 by L.L. No. 2-1997 (Art. X of Ch. 19 of the 1973 Code)]

§ 205-12 Statement of purpose and findings.

A. The City Council finds that public nuisances exist in the City 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: 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; 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 City Council hereby finds and declares that the use of buildings, structures, premises and places, apartments or dwelling units in the City 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 City substantially and seriously interferes with the public interest in maintaining the quality of community life and the total community environment; commerce in the City; the value of real property in the City; and the public health, safety and welfare.

C. The City Council further finds and determines that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the people of the City of Troy and visitors to the City and the economic interests and viability of the residents and businesses of the City.

D. It is therefor the intent and purpose of the City Council to authorize and empower the Commissioner of Public Works to impose sanctions and penalties for such public nuisances. Further, it is hereby determined that such powers of the Commissioner of Public Works 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.

E. The City Council finds that the sanctions and penalties imposed pursuant to this article 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 City of Troy and to promote the general welfare.

§ 205-13 Definitions.

For the purposes of this article, the following definitions shall apply:

COMMISSIONER

The Commissioner of Public Works of the City of Troy, or a designee thereof.

PUBLIC NUISANCE

Any building, structure, place or premises, apartment or dwelling unit where violations of certain of the provisions of Articles 220, 221 or 230 of the Penal Law are occurring and where two or more violations of the Penal Law have resulted in two or more criminal arrests within the twelve-month period of time immediately prior to the commencement of a proceeding pursuant to § 205-14; or where two or more violations of the Penal Law have resulted in two or more criminal convictions within the thirty-six-month period immediately prior to the commencement of the proceeding pursuant to § 205-14. It shall be prima facie evidence that violations are occurring where an arrest for a violation of said sections has been made within 30 days prior to the issuance of notice pursuant to § 205-14.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-14 Powers of Commissioner with respect to public nuisances.

A. Rules and regulations. The Commissioner may promulgate such rules and regulations as are necessary to carry out and give full effect to the provisions of this article.

B. Enforcement actions. Upon receipt of a report or complaint, or upon otherwise learning of or making a determination that a public nuisance as defined in § 205-13 above exists, the Commissioner shall give notice in writing of the existence of such public nuisance to the owner, lessor, lessee and mortgagee, if any, of the building, structure, place or premises, apartment or dwelling unit affected and shall request that such persons take all steps necessary to abate such nuisance. Such notice shall include a warning, in at least ten-point type, that failure to comply with the terms of such warning may result in the apartment or dwelling being padlocked. If after 30 days the Commissioner determines that no progress has been made towards compliance with the terms of such warning and the abatement of such nuisance, the Commissioner may, after notice and opportunity for a hearing, act as follows:

(1) Issue a cease and desist order requiring the immediate discontinuance of such activity at the building, structure, place or premises, apartment or dwelling unit which led to its becoming a public nuisance as defined in § 205-13; and/or

(2) Issue a closure order, requiring the immediate closure of the building, structure, place or premises, apartment or dwelling unit to abate the nuisance.

C. In the exercise of the authority granted to the Commissioner pursuant to this article, the Commissioner shall observe the following:

(1) Prior to the issuance of an order by the Commissioner pursuant to Subsection B of this section, the Commissioner shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee, if any, of the building, structure, place or premises, apartment or dwelling unit constituting a public nuisance as defined in § 205-13. All notices required herein shall be made pursuant to Article 3 of the Civil Practice Law and Rules. All notices and postings required by this article shall contain information about the consequences for violations of such orders.

(2) The person, firm, corporation or other entity in whose name the building, structure, place or premises, apartment or dwelling unit affected by the orders of the Commissioner is recorded in the office of the Rensselaer County Clerk shall be presumed to be the owner thereof.

(3) In determining whether to issue an order pursuant to Subsection B(2) of this section, the Commissioner shall consider any and all steps taken by the owner or any other party to abate the public nuisance. If the Commissioner determines that such person, firm, corporation or entity has acted in good faith to abate the nuisance, the Commissioner shall not issue an order pursuant to Subsection B(2) of this section.

D. Orders of the Commissioner issued pursuant to this article shall be posted at the building, structure, place or premises, apartment or dwelling unit where the public nuisance exists and shall be mailed by ordinary mail to the owner of record thereof within one business day of such posting.

E. Five business days after the posting of an order issued pursuant to Subsection B(2) of this section and upon the written directive of the Commissioner, such action as is necessary and required to act upon, implement and enforce such orders may be undertaken as directed by the Commissioner.

F. Where the Commissioner issues a closure order and closes a building, structure, place or premises, apartment or dwelling unit pursuant to Subsection B(2), such closing shall be for such period as the Commissioner may direct, but in no event shall such closing be for a period of more than six months from the posting of the order pursuant to Subsection D of this section. Provided, however, if the owner, lessor, lessee, or mortgagee of such building, structure, place or premises, apartment or dwelling units shall file a bond in the amount determined by the Commissioner, which may not exceed the value of the property ordered to be closed, and submit proof satisfactory to the Commissioner that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, structure, place or premises, apartment or dwelling unit has been directed to be closed by the order of the Commissioner, the Commissioner may vacate the provisions of the closure order.

G. A closure directed by the Commissioner pursuant to Subsection B(2) of this section shall not constitute an act of possession, ownership or control by the City of Troy of the closed premises.

H. The lack of knowledge of, acquiescence to, participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all other persons or of any agent in possession of or having charge of or otherwise having any interest whatsoever in the property, real or personal, involved or used in the conduct or maintenance of a public nuisance shall not be a defense by such owners, lessors, and lessees, mortgagees and such other persons to any enforcement action taken by the Commissioner pursuant to this article.

§ 205-15 Penalties for offenses.

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 or premises, apartment or dwelling unit, or portion thereof, ordered closed by the Commissioner or to mutilate, deface or remove a posted order of the Commissioner. Such violation shall be punishable by a fine not to exceed $1,000 or by a term of imprisonment not to exceed 15 days, or both, provided that such order contains a notice of such penalty.

B. A person who intentionally or willfully disobeys or resists any provision of the orders issued by the Commissioner pursuant to this section shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment not to exceed six months, or both.

§ 205-16 Judicial review.

Action taken pursuant to this article shall be reviewable, pursuant to Article 78 of the Civil Practice Law and Rules, in a court having appropriate jurisdiction.