The Council finds that public nuisances exist in the City of
Hornell in the operation of certain establishments and the use and
occupation of property in flagrant and persistent violation of state
and local laws and ordinances, which nuisances substantially and seriously
interfere with the interest of the public in enhancing the quality
of life and community environment in the City, and in fostering and
facilitating commerce, maintaining and improving property values,
and in preserving and protecting the public health, safety and welfare.
The Council further finds that the persistence of such activities
and violations is detrimental to the health, safety, and welfare of
the people of the City of Hornell and of the businesses thereof and
the visitors thereto. It is the purpose of the Council to authorize
and empower the Board of Public Safety to impose sanctions and penalties
for such public nuisances, and such powers of the Board of Public
Safety 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. The Council
further finds that the sanctions and penalties that may be imposed
by the Board of Public Safety pursuant to this article constitute
an additional and appropriate method of law enforcement in response
to the proliferation of the above-described public nuisances. The
sanctions and penalties are reasonable and necessary in order to protect
the health and safety of the people of the City and to promote the
general welfare.
For purposes of this article, a public nuisance shall be deemed
to exist wherever, through violations of any of the following provisions
resulting from separate incidents at a building, erection or place,
12 or more points are accumulated within a period of six months or
18 or more points are accumulated 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.
For the purpose of this article, an "incident" will be defined as
the execution of an enforcement action.
For purposes of this article, a conviction for an offense in
a court of competent jurisdiction shall not be required to establish
that a specified violation of law has occurred at a building, erection,
or place. Instead, the City shall be required to prove a specified
violation by a preponderance of the evidence. 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 such a violation of law. Conviction
of an attempt to commit a violation of any of the specified provisions
shall be equivalent to a conviction for a violation of the specified
provision.
In addition to any other enforcement procedures established
elsewhere, the Board of Public Safety or its designee, after notice
and opportunity for a hearing with respect to a public nuisance, shall
be authorized:
A. To order the closing of the building, erection, or place to the extent
necessary to abate the nuisance;
B. To suspend for a period not to exceed six months or revoke for a
period of one year a certificate of use issued for such premises,
and to prevent the operator from obtaining a new certificate of use
for another location for the period of suspension or revocation;
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
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;
or
D. Any combination of the above.
The owner of the property affected by the orders of the Board
of Public Safety or its designee shall be presumed to be the person
in whose name title to the real estate is recorded in the Office of
the Steuben County Clerk.
An opportunity for a hearing shall be within 60 days after the
occurrence of the most recent violation cited in the notice.
The lack of knowledge of, 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
charge of the property 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.
The Board of Public Safety or its designee shall promulgate
rules and regulations to carry out and give full effect to the provisions
of this article.