[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
|
|
Alcoholic Beverages
| |
|
Social Host Reponsibilities
| |
|
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.
