[Adopted 6-1-2000 by Ord. No. 8]
The Council finds that public nuisances exist
in the City of Troy in the operation of certain establishments and
the use and occupation of property in flagrant and persistent violation
of state and local laws and ordinances, which nuisances substantially
and seriously interfere with the interest of the public in enhancing
the quality of life and community environment in the City, and in
fostering and facilitating commerce, maintaining and improving property
values, and in preserving and protecting the public health, safety,
and welfare. The Council further finds that the persistence of such
activities and violations is detrimental to the health, safety, and
welfare of the people of the City of Troy and of the businesses thereof
and the visitors thereto. It is the purpose of the Council to authorize
and empower the Mayor to impose sanctions and penalties for such public
nuisances, and such powers of the Mayor may be exercised either in
conjunction with, or apart from, the powers contained in other laws
without prejudice to the use of procedures and remedies available
under such other laws. The Council further finds that the sanctions
and penalties that may be imposed by the Mayor pursuant to this law
constitute an additional and appropriate method of law enforcement
in response to the proliferation of the above-described public nuisances.
The sanctions and penalties are reasonable and necessary in order
to protect the health and safety of the people of the City and to
promote the general welfare.
[Amended 4-1-2010 by Ord.
No. 1]
For the purposes of this article, there shall be a system whereby points are assessed against the owner of any building, structure, and/or premises in the City to determine the existence of a nuisance. Points shall be assessed based upon violations of any provisions of the Code of the City of Troy or statutes of the State of New York as are designated in this article. Points shall be assessed in accordance with the point schedule set forth herein at § 205-19. Whenever 12 or more points are assessed within a period of 12 months, or if 18 or more points are assessed within a period of 24 months, a nuisance shall be deemed to exist and the Mayor or the Mayor's designee may take action in accordance with § 205-21 of 1 this article.
[Amended 12-5-2002 by Ord. No. 4; 1-2-2003 by Ord. No. 7; 7-3-2003 by Ord. No. 4; 10-2-2003 by L.L. No.
4-2003; 5-7-2009 by Ord. No. 2; 4-1-2010 by Ord. No. 1]
A.
Each violation of the following statute(s), code(s) and/or law(s)
shall be assigned a point value of eight points:
(1)
Section 265 of the Penal Law - Firearms and other Dangerous Weapons.
B.
Each violation of the following statute(s), code(s) and/or law(s)
shall be assigned a point value of six points:
(1)
Article 220 of the Penal Law: controlled substances offenses.
(2)
Article 221 of the Penal Law: offenses involving marijuana.
(3)
Article 225 of the Penal Law: gambling offenses.
(4)
Section 230.00 of the Penal Law: prostitution offenses.
(5)
Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal Law:
criminal possession of stolen property.
(6)
Section 123 of the Alcoholic Beverage Control Law.
(7)
Sections 260.20 and 260.21 of the Penal Law: unlawfully dealing with
a child.
(8)
Section 263.00 of the Penal Law: sexual performance by a child.
(9)
Section 415-a of the Vehicle and Traffic Law: vehicle dismantlers.
(10)
Possession, use, sale, or offer for sale of any alcoholic beverage
in violation of Article 18 of the Tax Law or of any cigarette or tobacco
products in violation of Article 20 of the Tax Law.
(11)
Article 158 of the Penal Law: welfare fraud.
(12)
Article 178 of the Penal Law: criminal diversion of prescription
medications and prescriptions.
(17)
Article 26 of the Agriculture and Markets Law: cruelty to animals.
C.
Each violation of the following statute(s), code(s) and/or law shall
be assigned a point value of four points:
D.
Each violation of the following statute(s), code(s) and/or law be
assigned a point value of three points:
(4)
Suffering or permitting the premises to become disorderly,
including suffering or permitting fighting or lewdness.
(5)
Section 175.10 of the Penal Law: falsifying business
records.
(6)
Sections 170.65 and 170.70 of the Penal Law: forgery
of or illegal possession of a vehicle identification number.
(7)
Section 147 of the Social Services Law: food stamp
program fraud.
For purposes of this section, a conviction for
an offense in a court of competent jurisdiction shall not be required
to establish that a specified violation of law has occurred at a building,
erection, or place. Instead, the City shall be required to prove a
specified violation by a preponderance of the evidence. However, a
conviction as defined and applied in accordance with the provisions
of § 1.20 of the Criminal Procedure Law, in any court of
competent jurisdiction, shall constitute conclusive proof of such
a violation of law. Conviction of an attempt to commit a violation
of any of the specified provisions shall be equivalent to a conviction
for a violation of the specified provision.
In addition to any other enforcement procedures
established elsewhere, the Mayor or the Mayor's designee, after notice
and opportunity for a hearing with respect to a public nuisance, shall
be authorized:
A.
To order the closing of the building, erection, or
place to the extent necessary to abate the nuisance;
B.
To suspend for a period not to exceed six months or
revoke for a period of 13 months a certificate of use issued for such
premises, and to prevent the operator from obtaining a new certificate
of use for another location for the period of suspension or revocation;
[Amended 4-1-2010 by Ord.
No. 1]
C.
To suspend for a period not to exceed six months or
revoke for a period of 13 months any occupational license or permit
issued by the City related to the conduct of a business or trade at
the premises, which suspension or revocation shall also apply to any
other locations operated by the holder for which the license or permit
is required; or
[Amended 4-1-2010 by Ord.
No. 1]
D.
Any combination of the above.
A.
Prior to the issuance of orders by the Mayor or the
Mayor's designee pursuant to this section, the Mayor or the Mayor's
designee shall give notice and opportunity for a hearing to the owner,
lessor, lessee, or mortgagee of a building, erection, or place wherein
the public nuisance is being conducted, maintained, or permitted.
B.
Notice shall be served upon an owner pursuant to Article
3 of the Civil Practice Law and Rules, upon a lessor or lessee pursuant
to § 735 of the Real Property Actions and Proceedings Law,
and upon a 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. Proceedings
shall be commenced by service of the notice.
The owner of the property affected by the orders
of the Mayor or the Mayor's designee shall be presumed to be the person
in whose name title to the real estate is recorded in the Office of
the Rensselaer County Clerk.
[Amended 6-7-2018 by Ord.
No. 39]
An opportunity for a hearing shall be within
120 days after the occurrence of the most recent violation cited in
the notice.
The 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 the property as agent or otherwise, or having any
interest in the property, real or personal, used in conducting or
maintaining the public nuisance, shall not be a defense by such owners,
lessors and lessees, mortgagees, and such other persons.
A.
Orders of the Mayor or the Mayor's designee issued
pursuant to this section shall be posted at the building, erection
or place where a public nuisance exists or is occurring in violation
of law and shall be mailed to the owner of record thereof within one
business day of the posting.
B.
Five business days after the posting of an order issued
pursuant to this section and upon the written directive of the Mayor
or the Mayor's designee, officers of the City of Troy Police Department
are authorized to act upon and enforce such orders.
C.
Where the Mayor or the Mayor's designee closes a building,
erection, or place pursuant to this section, such closing shall be
for such period as the Mayor or the Mayor's designee may direct, but
in no event shall the closing be for a period of more than 13 months
from the posting of the order pursuant to this section. If the owner,
lessor, or lessee shall file a bond in an amount determined by the
Mayor or the Mayor's designee, but not exceeding the value of the
property ordered to be closed, and submit proof satisfactory to the
Mayor or the Mayor's designee that the nuisance has been abated and
will not again be created, maintained or permitted for such period
of time as the building, erection or place has been directed to be
closed by the order of the Mayor or the Mayor's designee, then the
Mayor or the Mayor's designee may vacate the provisions of the order
that direct the closing of the building, erection, or place.
[Amended 4-1-2010 by Ord.
No. 1]
D.
A closing directed by the Mayor or the Mayor's designee
pursuant to this section shall not constitute an act of possession,
ownership, or control by the City of the closed premises.
A.
It shall be a misdemeanor for any person to use or
occupy any building, erection, or place, or portion thereof; ordered
closed by the Mayor or the Mayor's designee pursuant to this article.
B.
Mutilation or removal of a posted order of the Mayor
or the Mayor's designee shall be punishable by a fine of not less
than $250 or by imprisonment not exceeding 15 days, or both, provided
such order contains therein a notice of such penalty.
C.
Intentional disobedience or disregard of any provision
of orders issued by the Mayor or the Mayor's designee pursuant to
this section, 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 to exceed six months, or both.
The Mayor or the Mayor's designee shall promulgate
rules and regulations to carry out and give full effect to the provisions
of this section.
