The Council of the City of Buffalo finds that public nuisances
exist in the City of Buffalo in the operation of certain commercial
establishments and the use or alteration of property in flagrant violation
of the Building Code, Zoning Ordinances, health laws, multiple dwelling
law, penal laws regulating obscenity, prostitution and related conduct,
licensing laws, environmental laws, laws relating to the sale and
consumption of alcoholic beverages, laws relating to gambling, controlled
substances and dangerous drugs and penal laws relating to the possession
of stolen property, all of which interfere with the interest of the
public in the quality of life and total community environment, the
tone of commerce in the City, property values and the public health,
safety and welfare. The Council further finds that the continued occurrence
of such activities and violations is detrimental to the health, safety
and welfare of the people of the City of Buffalo and of the businesses
thereof and visitors thereto. It is the purpose of the Council to
create one standardized procedure for securing legal and equitable
remedies relating to the subject matter encompassed by this chapter,
without prejudice to the use of procedures available under existing
and subsequently enacted laws and to strengthen existing laws on the
subject.
This chapter shall be known as the "Nuisance Abatement Law."
As used in this chapter, the following terms shall have the
meanings indicated:
CONVICTION
As defined in Subdivision 13 of § 1.20 of the New
York Criminal Procedure Law.
VIOLATION:
A.
Illegal conduct with regard to a particular property or person,
and that conduct violates what is sought to be protected under the
law.
B.
Conduct which is cited by the proper enforcing official regarding
a particular property, building, dwelling place or person which is
illegal or contrary to law.
C.
An arrest or commencement of criminal action as defined in Subdivision
17 of § 1.20 of the New York Criminal Procedure Law.
The following are declared to be public nuisances:
A. Any building, erection or place, including one- or two-family dwellings,
used for the purpose of prostitution, as defined in § 230.00
of the Penal Law. Two or more criminal convictions of persons for
acts of prostitution in the building, erection or place, including
one- or two-family dwellings, within the one-year period preceding
the commencement of an action under this chapter shall be presumptive
evidence that the building, erection or place, including one- or two-family
dwellings, is a public nuisance. In any action under this subsection,
evidence of the common fame and general reputation of the building,
previous violations occurring at said premises, erection or place,
including one- or two-family dwellings, of the inmates or occupants
thereof or of those resorting thereto shall be competent evidence
to prove the existence of the public nuisance. If evidence of the
general reputation of the building, erection or place, including one-
or two-family dwellings, or of the inmates or occupants thereof is
sufficient to establish the existence of the public nuisance, it shall
be prima facie evidence of knowledge thereof and acquiescence and
participation therein and responsibility for the nuisance on the part
of the owners, lessors, lessees and all those in possession of or
having charge of, as agent or otherwise, or having any interest in
any form in the property, real or personal, used in conducting or
maintaining the public nuisance.
B. Any building, erection or place, including one- or two-family dwellings,
used for the purpose of obscene performances. The term "obscene" shall
have the same meaning as that term is defined in Subdivision 1 of
§ 235.00 of the Penal Law. The term "performance" shall
have the same meaning as that term is defined in Subdivision 3 of
§ 235.00 of the Penal Law. Two or more convictions, as defined
in Subdivision 13 of § 1.20 of the Criminal Procedure Law,
of persons for production, presentation or direction of an obscene
performance or for participation in such performance in the building,
erection or place, including one- or two-family dwellings, within
the one-year period preceding the commencement of an action under
this chapter shall be presumptive evidence that the building, erection
or place, including one- or two-family dwellings, is a public nuisance.
C. Any building, erection or place, including one- or two-family dwellings,
used for the purpose of promotion of obscene material. The term "obscene"
shall have the same meaning as that term is defined in Subdivision
1 of § 235.00 of the Penal Law. The term "material" shall
have the same meaning as that term is defined in Subdivision 2 of
§ 235.00 of the Penal Law. Two or more convictions, as defined
in Subdivision 13 of § 1.20 of the Criminal Procedure Law,
of persons for promotion of or possession with intent to promote obscene
material in the building, erection or place, including one- or two-family
dwellings, within the one-year period preceding the commencement of
an action under this chapter shall be presumptive evidence that the
building, erection or place, including one- or two-family dwellings,
is a public nuisance.
D. Any building, erection or place, including one- or two-family dwellings, which has been cited by the appropriate agency as being in violation of any one of the codes contained in Article
II of Chapter
281, Article
I of Chapter
169, Chapter
66, §
63-3, Chapter
103, Chapter
129, §
235-2, and Chapter
459 of this Code, and said violation is continuing and unabated within a reasonable duration set by said agency and of such a nature as to endanger the health, safety and welfare of the citizens within the period of one year preceding commencement of an action under this chapter shall be presumptive evidence that the building, erection or place, including one- or two-family dwellings, is a public nuisance.
E. Any building, erection or place, pursuant to Chapter
242 of this Code, which is an unfit dwelling or dwelling unit as defined in Chapter
242 of this code.
F. Any building, erection or place, including one- or two-family dwellings,
used for the purpose of a business, activity or enterprise which is
not licensed as required by law.
G. Any building, erection or place, including one- or two-family dwellings,
wherein, within the period of one year prior to the commencement of
an action under this chapter, there have occurred five or more violations
of any of the provisions of Article 220, Article 221 or Article 225
of the Penal Law.
H. Any building, erection or place, including one- or two-family dwellings,
used for any of the unlawful activities described in § 123
of the Alcoholic Beverage Control Law.
I. Any building, erection or place, including one- or two-family dwellings, wherein there is occurring a violation of Chapter
103 or Chapter
242 of this Code.
J. Any building, erection or place, including one- or two-family dwellings, wherein there is occurring a violation of Chapter
293 of this code.
K. Any building, erection or place, including one- or two-family dwellings,
wherein there exists or is occurring a violation of Chapter 511, the
Zoning Ordinance of the City of Buffalo.
L. Any building, erection or place, including one- or two-family dwellings,
wherein there is occurring a criminal nuisance as defined in § 240.45
of the Penal Law.
M. Any building, erection or place, including one- or two-family dwellings,
wherein, within the period of one year prior to the commencement of
an action under this chapter, there have occurred two or more violations
on the part of the lessees, owners, operators or occupants of the
provisions of §§ 165.40, 165.45, 165.50, 170.65, 170.70
and 175.10 of the Penal Law or § 415-a of the Vehicle and
Traffic Law.
N. Any nonaccessory sign wherein there exists or is occurring a violation
of Chapter 511, Zoning, of the City of Buffalo.
[Added 6-9-1992, effective 6-22-1992]