[HISTORY: Adopted by the Common Council of the City of Glens
Falls 8-10-2000 by L.L. No. 3-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 109.
Garbage, rubbish and refuse — See Ch. 121.
Housing standards — See Ch. 128.
Nonresidential property maintenance — See Ch. 162.
[1]
Editor's Note: This local law was adopted as Ch. 133
but was renumbered to fit the alphabetical organization of the Code.
A.
The Common Council finds that the quality of life for many residents
of the City of Glens Falls is threatened by the deterioration of some
properties as well as by certain activities and patterns of behavior
engaged in by individuals living in close proximity to their homes.
The Council further finds that such activities, behavior and deteriorating
properties constitute a public nuisance and finds that, while it is
in the public interest for city officials to proactively work with
property owners to resolve certain problems before such problems reach
the level whereby they constitute a public nuisance, it is necessary
and desirable to create and empower the city to take certain actions
either in conjunction with, or apart from, actions taken by other
agencies or departments of the City of Glens Falls utilizing the powers
contained in other laws, without prejudice to the use of procedures
and remedies available to such other officials under such other laws,
in order to reduce the incidence of public nuisances, enhance and
protect the public health, safety and welfare and improve the overall
quality of life within the City of Glens Falls.
B.
BUILDING
DWELLING
ENFORCEMENT OFFICER
PREMISES
STRUCTURE
Definitions and word usage. The following definitions shall apply
in interpretation and enforcement of this chapter:
Any structure having a roof for the shelter, housing or enclosure
of persons, animals, chattels or property of any kind.
A building designed or used as the living quarters for one
or more families. The term "dwelling" shall be deemed to include an
automobile court, rooming house or tourist home.
That person designated by a majority of the Common Council to carry out the duties of enforcement and administration specified in Chapter 128 of the Code of the City of Glens Falls.
A plotted lot or part thereof or unplotted lot or parcel
or plot of land, either occupied or unoccupied by any dwelling or
nondwelling structure, including the dwelling or structure thereon.
The combination of any materials, whether fixed or portable,
forming a construction, including buildings.
A.
For purposes of this section, a public nuisance shall be deemed to
exist whenever, through violations of any of the following provisions
resulting from separate incidents at a building, dwelling, premises,
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.
B.
The following violations shall be assigned a point value of six points:
C.
The following violations shall be assigned a point value of four
points:
(1)
Chapter 128 of the Code of the City of Glens Falls, Housing Standards, the residential property maintenance code.
(6)
Suffering or permitting unduly loud music or other sources of noise
in such a manner as to unduly annoy persons residing on or visiting
adjacent properties.
(7)
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting or lewdness.
D.
For purposes of this section, a conviction for an offense in a court
of competent jurisdiction or an administrative bureau shall not be
required. Instead, the city shall prove by a preponderance of the
evidence that the violations have occurred. 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 and 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 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 a violation. Convictions 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.
A.
Upon the accumulation of any points pursuant to this section, the
city shall give notice to the owner, lessee and mortgagee of a building,
dwelling, structure or place wherein the public nuisance is being
conducted, maintained or permitted. Such notice shall be served upon
an owner or mortgagee pursuant to Article 3 of the Civil Practice
Law and Rules, upon a lessee pursuant to § 735 of the Real
Property Actions and Proceedings Law, 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 filling
proof of service with the Clerk of the court before the hearing. The
person in whose name the real estate affected by the orders of the
court is recorded in the office of the County Clerk shall be presumed
to be the owner thereof.
B.
Upon accumulation of points sufficient to constitute a public nuisance,
the Enforcement Officer shall issue an appearance ticket, together
with an information specifying the basis for the alleged public nuisance,
to the owner(s), lessee(s) and mortgagee(s) of any building, dwelling,
premises, structure or place where a public nuisance is alleged to
exist, served on such persons in accordance with this chapter and
returnable in City Court of the City of Glens Falls.
C.
The appearance ticket, together with the information, shall be served
as follows: 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. The person in whose name the real
estate affected by the orders of the Court is recorded in the office
of the County Clerk shall be presumed to be the owner thereof. Proceedings
shall be commenced in the manner in this chapter within 60 days after
the occurrence of the most recent violation cited in the information.
A.
After notice and opportunity for a hearing with respect to the appearance
ticket and information, the Court shall be authorized to order any
of the following:
(1)
The vacating of the building, dwelling, premises or place, or a portion
thereof, where the nuisance is found to have occurred, to the extent
necessary to abate such nuisance.
(2)
The closing of the building, dwelling, premises, structure or place
or a portion thereof, where the nuisance is found to have occurred,
for up to a period of six months.
(3)
The suspension for a period not to exceed six months or revocation
for a period of six months of 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.
(4)
The imposition of a fine not to exceed $1,000 upon the owner, lessor
or lessee of the building, dwelling, premises, structure or place
where the nuisance is found to have occurred.
(5)
Any action necessary to abate the nuisance, including but not limited
to cleaning, painting, repairing or demolishing any building, dwelling,
premises, structure or place. The costs of any such remedy shall constitute
a property tax lien against the property upon which such remedy is
applied.
(6)
Any combination of the above.
B.
Orders of the City Court issued pursuant to this section shall be
posted at the building, structure 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.
C.
Five business days after the posting of an order issued pursuant
to this section and upon written directive of the enforcement orders,
officers of the Glens Falls Police Department are authorized to act
upon and enforce such orders.
D.
Where the building, dwelling, premises, structure or place is closed
pursuant to this section, such closing shall be for such period as
the Court may direct, but in no event shall the closing be for a period
of more than six 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 Court, but which may not exceed the value
of the property ordered to be closed, and submit proof satisfactory
to the Court that the nuisance has been abated and will not be created,
maintained or permitted for such a period of time as the building,
structure or place has been directed to be closed by the order of
the Court, then the Court may vacate the provisions of the order that
direct the closing of the building, structure or place.
E.
A closing directed by the Court pursuant to this section shall not
constitute an act of possession, ownership or control by the city
of the closed premises.
F.
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 portion
thereof, ordered closed in accordance with this chapter. Mutilation
or removal of a posted order of the Court shall be punishable by a
fine of not more than $250 or by imprisonment not exceeding 15 days,
or both, provided that such order contains therein a notice of such
penalty.
G.
Intentional disobedience or resistance to any provision of the orders
issued by the Court 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.
H.
The Enforcement Officer may promulgate rules and regulations to carry
out and give fall effect to the provisions of this section.
I.
If any provision of this section or the application thereof to any
person or circumstance is held invalid, the remainder of this section
and the application of such provisions to other persons and circumstances
shall not be rendered invalid thereby.
