Village of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward 3-5-2007 by L.L. No. 1-2007 (Ch. 62 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 106.
Alcoholic beverages; drugs and drug products — See Ch. 111.
Animals — See Ch. 114.
Brush, grass and weeds — See Ch. 120.
Building code administration and enforcement — See Ch. 127.
Unsafe buildings — See Ch. 136.
Open burning — See Ch. 143.
Curfew — See Ch. 150.
Firearms — See Ch. 171.
Flood damage prevention — See Ch. 178.
Littering — See Ch. 204.
Noise — See Ch. 215.
Property maintenance — See Ch. 238.
Solid waste — See Ch. 266.
Streets and sidewalks — See Ch. 278.
Subdivision of land — See Ch. 285.
Abandoned and junked vehicles — See Ch. 311.
Water — See Ch. 324.
Zoning — See Ch. 350.
A. 
The Board of Trustees finds that public nuisances exist in the Village of Fort Edward in the operation and use of certain property, including residential premises, in violation of such laws as the Penal Law of the State of New York, the New York State Uniform Fire Prevention and Building Code and the Code of the Village of Fort Edward, which nuisances substantially and seriously interfere with the interest of the public in the quality of life and total community environment, commerce in the Village, property values and public health, safety, peace, comfort, conveniences and general welfare.
B. 
Specifically, the deterioration of some properties and the activities and patterns of behavior engaged in by certain individuals threaten the quality of life for the residents of the Village. The Board of Trustees further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the residents of the Village of Fort Edward and of the businesses thereof and the visitors thereto. It is the purpose of this chapter to authorize the Village to create one standardized procedure for securing legal and equitable remedies and reform relating to the subject matter encompassed by this chapter and to strengthen existing laws on the subject. In so doing, this chapter shall authorize the Village to impose sanctions and penalties for such public nuisances and remediate the same. Such powers 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.
C. 
The Board of Trustees further finds that the sanctions and penalties and remedial measures authorized herein constitute a supplementary and suitable method of law enforcement in response to the rapidly expanding presence of public nuisances. These sanctions, penalties and remedial measures are reasonable and necessary in order to protect the health and safety of the residents of the Village and to promote the general welfare of the community.
A. 
A public nuisance is declared to exist where behavior in the use of or on the premises unreasonably interferes with the health, safety, peace, comfort or convenience of the general community, occurring within a period of six months of such frequency or duration that the continued occupancy of the premises presumes continuation of such unreasonable interference regardless of whether or not any person has been convicted for violation of any provisions of the Penal Law of the State of New York, the New York State Uniform Fire Prevention and Building Code or the Code of the Village of Fort Edward.
B. 
A public nuisance is declared to exist whenever, through violations of any of the following, provisions resulting from separate incidents at a building, structure or place, 12 or more points are accumulated within a period of six months or 18 or more points within a period of 12 months in accordance with the following point system. Where more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.
(1) 
The following violations shall be assigned a point value of six points:
[Amended 3-5-2012 by L.L. No. 1-2012]
State Law Reference
Violation
Article 120 of the Penal Law
Assault and related offenses
Article 130 of the Penal Law
Sex offenses
Article 145 of the Penal Law
Criminal mischief and related offenses
§ 155.25 of the Penal Law
Petit larceny
Article 158 of the Penal Law
Welfare fraud
§§ 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal Law
Criminal possession of stolen property
§§ 170.65 and 170.70 of the Penal Law
Forgery of and illegal possession of a vehicle identification number
§ 175.10 of the Penal Law
Falsifying business records
Article 178 of the Penal Law
Criminal diversion of prescription medications and prescriptions
Article 220 of the Penal Law
Controlled substances offenses
Article 221 of the Penal Law
Offenses involving marihuana
Article 225 of the Penal Law
Gambling offenses
Article 230 of the Penal Law
Prostitution offenses
§ 240.20 of the Penal Law
Disorderly conduct
§ 240.26 of the Penal Law
Harassment in the second degree
§ 240.36 of the Penal Law
Loitering in the first degree
§ 260.10 of the Penal Law
Endangering the welfare of a child
§ 260.20 and 260.21 of the Penal Law
Unlawfully dealing with a child
Article 263 of the Penal Law
Sexual performance by a child
Article 265 of the Penal Law
Firearms and other dangerous weapons
§ 147 of the Social Services Law
Food stamp program fraud
The Alcoholic Beverage Control Law
Possession, use, sale and/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
§ 415-a of the Vehicle and Traffic Law
Vehicle dismantlers
(2) 
The following violations shall be assigned a point value of three points:
[Amended 3-5-2012 by L.L. No. 1-2012]
Code Section
Description
Chapter 106 of the Village Code
Adult Entertainment
Chapter 111, Article I, of the Village Code
Alcoholic Beverages
Chapter 111, Article II, of the Village Code
Social Host Reponsibilities
Chapter 114, Article I, of the Village Code
Control of Dogs
Chapter 127 of the Village Code
Building Code Administration and Enforcement
Chapter 136 of the Village Code
Unsafe Buildings
Chapter 143 of the Village Code
Burning, Open
Chapter 150 of the Village Code
Curfew
Chapter 171 of the Village Code
Firearms
Chapter 178 of the Village Code
Flood Damage Prevention
Chapter 204 of the Village Code
Littering
Chapter 215 of the Village Code
Noise
Chapter 238 of the Village Code
Property Maintenance
Chapter 266 of the Village Code
Solid Waste Collection and Disposal
Chapter 277 of the Village Code
Streets and Sidewalks
Chapter 285 of the Village Code
Subdivision of Land
Chapter 311 of the Village Code
Vehicles, Abandoned and Junked
Chapter 324 of the Village Code
Water
Chapter 350 of the Village Code
Zoning
9 NYCRR Subtitle S, Chapter I[1]
New York State Uniform Fire Prevention and Building Code
[1]
Editor's Note: See now 19 NYCRR Part 1203.
(3) 
For the purpose of this section, where a violation is continuous, each week a violation continues shall be deemed a separate violation. A conviction for a violation shall not be required, and such violation shall be established by a preponderance of the evidence. Evidence of a violation may include, but is not limited to, police reports, investigative reports, execution of search warrants, results of police surveillance, arrest and/or conviction of local, state and federal laws, activities associated with trafficking of controlled substances, finding of weapons and/or controlled substances on or near the property, increased volume of traffic associated with the property, excessive police attention as a result of citizen complaints, as well as notices, citations and orders issued by the Code Enforcement Officer. However, a conviction as defined in accordance with the provisions of § 1.20 of the Criminal Procedure Law shall constitute conclusive proof of a violation. Conviction of an attempt to commit a violation of any of the specified provisions shall be considered a conviction for a violation of the specified provision.
In addition to the enforcement procedures established elsewhere, the Board of Trustees or the Board of Trustees' designees, after notice and opportunity for a hearing with respect to a public nuisance, shall be authorized:
A. 
To order the closing of the building, structure or place to the extent necessary to abate the nuisance; or
B. 
To suspend for a period not to exceed six months or to revoke for a period of one year a certificate of occupancy issued for such premises, and to prevent the operator from obtaining a new certificate of occupancy for another location for the period of suspension or revocation; or
C. 
To suspend for a period not to exceed six months or revoke for a period of one year any occupational license or permit issued by the Village related to the conduct of a business or trade at the premises, which suspension or revocation shall also apply to any other location operated by the holder for which the license or permit is required; or
D. 
The imposition of a fine not to exceed $1,000 upon the owner, lessor or lessee of the building, structure or place where the nuisance is found to have occurred; or
E. 
Any action necessary to abate the nuisance, including but not limited to cleaning, painting, repairing or demolishing any building, structure or place. The cost of any such remedy shall constitute a property tax lien against the property upon which such remedy is applied; or
F. 
Any combination of the above.
A. 
Prior to the issuance of orders by the Board of Trustees or the Board of Trustees' designee pursuant to this section, the Board of Trustees or the Board of Trustees' designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building, structure or place wherein the public nuisance is being conducted, maintained or permitted. Such 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. The person in whose name the real estate affected by the orders by the Board of Trustees or the Board of Trustees' designee is recorded in the office of the County Clerk shall be presumed the owner thereof. Proceedings shall be commenced by service of the notice and opportunity for a hearing within 60 days after the occurrence of the most recent violation cited in the notice.
B. 
The lack of knowledge, 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 charges 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.
C. 
Orders of the Board of Trustees or the Board of Trustees' designee issued pursuant to this section and upon the written directive of the Board of Trustees or the Board of Trustees' designee. Officers of the Village of Fort Edward Police Department are authorized to act upon and enforce such orders.
D. 
Five business days after the posting of an order issued pursuant to this section, and upon the written directive of the Board of Trustees or the Board of Trustees' designee, officers of the Village of Fort Edward Police Department are authorized to act upon and enforce such orders.
E. 
Where the Board of Trustees or the Board of Trustees' designee closes a building, structure or place pursuant to this chapter, such closing shall be for such period as the Board of Trustees or the Board of Trustees' designee may direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to this chapter. If the owner, lessor or lessee shall file a bond in an amount determined by the Board of Trustees or the Board of Trustees' designee, but which may not exceed the value of the property ordered to be closed, and submit proof satisfactory to the Board of Trustees or the Board of Trustees' designee that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, structure or place has been directed to be closed by the order of the Board of Trustees or the Board of Trustees' designee, then the Board of Trustees or the Board of Trustees' designee may vacate the provisions of the order that directs the closing of the building, structure or place.
F. 
A closing directed by the Board of Trustees or the Board of Trustees' designee pursuant to this chapter shall not constitute an act of possession, ownership or control by the Village of the closed premises.
A. 
It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, structure or place, or a portion thereof, ordered closed by the Board of Trustees or the Board of Trustees' designee. Mutilation or removal of a posted order of the Board of Trustees or the Board of Trustees' designee shall be punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of three years, punishable by a fine of not less than $250 nor more than $500 or imprisonment for a period not to exceed 30 days, or both; and upon conviction for a third offense or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $500 nor more than $750 or imprisonment for a period not to exceed 60 days, or both, provided that such orders contain therein a notice of such penalty.
B. 
Intentional disobedience or resistance to any provision of the orders issued by the Board of Trustees or the Board of Trustees' designee pursuant to this chapter, 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 Board of Trustees or the Board of Trustees' designee may promulgate rules and regulations to carry out and give full effect to the provisions of this chapter.