[HISTORY: Adopted by the Board of Trustees
of the Village of Geneseo 12-3-2007 by L.L. No. 4-2007. Amendments noted where
applicable.]
This chapter shall be known and cited as the
"Nuisance Abatement Law" of the Village of Geneseo.
The regulations of the Nuisance Abatement Law
shall apply to and affect real property and structures thereon that
are permitted to be used for residential uses, including residential
uses that are located in nonresidential zones.
The purpose of the Nuisance Abatement Law is
for the protection and promotion of peace, public health, safety,
and general welfare of the citizens of and visitors to the Village
of Geneseo, by eliminating or reducing persistent nuisance behaviors
which the Board of Trustees has determined drain resources, often
require police and/or emergency responses, and delay responses to
other emergencies. This will allow the police, fire and code enforcement
personnel to better preserve and protect the character and quality
of life for all residents of the Village of Geneseo.
A.
The following sections of local and state law shall
be considered public nuisance violations:
(1)
Village Code:
[Amended 2-26-2018 by L.L. No. 2-2018]
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§ 33-4, Deposit of containers prohibited
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§ 44-5, Nuisances prohibited
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§ 44-8, Dangerous dogs
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§ 57-1, Discharge prohibited
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§ 77-2, Prohibited acts
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§ 86-12, Maintenance of exterior of premises
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§ 86-16, Emergency conditions
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§ 88-5, Social host prohibited acts
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§ 98-2, Deposit of waste on public or private property
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§ 105-4, Rubbish deposits on streets prohibited
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(2)
New York Penal Law:
[Amended 2-26-2018 by L.L. No. 2-2018]
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Article 120, Assault and Related Offenses
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Sections 165.40 through 165.65, Criminal possession
of stolen property
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Article 220, Controlled Substances Offenses
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Article 221, Offenses Involving Marihuana
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Article 240, Offenses Against Public Order
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Sections 240.45 and 240.46, Criminal nuisance
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Section 260.10, Endangering the welfare of a child
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Sections 260.20 and 260.21, Unlawfully dealing
with a child
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Section 270.00, Fireworks
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(3)
New York Alcohol Beverage Control Law:
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Section 90, Kinds of Permits
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Section 100, Alcoholic beverages generally
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(4)
New York State Property Maintenance Code.
B.
Conviction and attempt. For purposes of this section,
the term "conviction" shall be defined and applied in accordance with
the provisions of § 1.20, Subdivision 13, of the Criminal
Procedure Law. However, for purposes of this section, conviction of
any attempt to commit a violation of any of these specified provisions
shall be considered a conviction for a violation of the specified
offense.
C.
Defenses. The lack of knowledge, or lack of permission by the property owner, or violation of lease terms by the lessees, thereby resulting in conduct constituting a public nuisance hereunder, shall not be a defense by property owner(s) to a violation of this chapter. However, when a public nuisance conviction occurs that relates to a dwelling unit, that conviction shall not be included for the purposes of § 87-5 below if the tenant or tenants in the said dwelling unit are removed permanently within 45 days of the date of said conviction.
Three or more convictions of any of the above-defined public nuisance violations within § 87-4 in regard to one parcel of real property, within a twelve-month period, shall constitute a violation of this chapter. This provision shall not apply to a property if there is a change of tenants and none of the persons with convictions applicable under this section are successor tenants.
Any police officer, Village fire official or Village code officer, or their designee, may enforce this chapter. They shall complete a form, approved by the Board of Trustees, that will provide information for a list of all those convicted of public nuisance violations defined within § 87-4 above, which list shall be maintained at the Village Clerk's office.
[Amended 12-15-2008 by L.L. No. 2-2008; 2-26-2018 by L.L. No. 2-2018]
If there is or has been a violation of any code or statutory violations listed under § 87-4 or § 87-5 of this chapter, the Village Clerk, or designee, shall give notice of such violation and potential consequences to the person, persons or entities responsible under this chapter and, if separate, property owner(s). Such notice shall be in writing and shall include a concise statement of the reasons for its issuance and the potential consequences under this chapter. Such notice shall be deemed to be properly and sufficiently serviced if a copy thereof is sent by certified mail, with return receipt requested, to the person, persons or entities responsible, and if separate, the property owner(s).
Any person who violates this chapter shall be
guilty of a violation and shall be subject to a fine of $500 to $1,000
for each offense.
This chapter shall take effect immediately upon
filing with the Secretary of State.
If any provision of this chapter or the application
thereof to any person or circumstances is held invalid, the remainder
of this chapter and the application of such provisions to other persons
and circumstances shall not be rendered invalid thereby.
