[Adopted 11-15-2011 by L.L. No. 5-2011]
As used in this article, the following terms shall have the
meanings indicated:
CRIMINAL ACTIVITY
Unlawful activity consisting of drug activity, weapons possession,
assault, domestic violence, murder, assault, sexual assault, gang
activity or other activity proscribed by the Penal Law of the State
of New York.
DWELLING
A single-family, two-family or multifamily residence or dwelling
which is rented or for rent.
OWNER/LANDLORD
The owner or owners of a dwelling, or a mortgagee or vendee
in possession, assignee of rents, receiver, executor, trustee or agent.
POLICE REPORT
A report issued by a Town Police Officer after said officer
has responded to a complaint alleging the occurrence of criminal activity
or a public nuisance.
PROPERTY MANAGER
A person or other entity designated by the owner to manage
a dwelling on behalf of the owner.
PUBLIC NUISANCE
Activities affecting the quality of life of residents of
the Town of Niagara, including violations of the New York State Penal
Law, disorderly conduct, alcohol-related incidents or violations of
the Code of the Town of Niagara which are enforced by the Town Police
Department.
The owner or property manager of a dwelling under this article
is encouraged to utilize a crime free/crime prevention lease addendum,
an example of which is annexed to this article, to assist the owner or property manager with the eviction
of tenants who continue to conduct criminal or public nuisance activity
in the dwelling unit.
The owner of each dwelling is required to maintain information
concerning all of its tenants, including the number and names of all
occupants, and the full address and telephone numbers of all tenants.
In the event of criminal or public nuisance activity on the property,
the owner or property manager shall cooperate with the Town Police
Department by providing this information to the Town Police Department
if so requested.
Any owner or property manager who is notified of a fine under
this article shall have the right to appeal the imposition of said
fine to the Town Board of the Town of Niagara. A written request for
an appeal shall be made by the owner or property manager within 30
days after the date of the communication notifying the owner or property
manager of the fine. The Town Board shall schedule a hearing within
30 days after receipt of said request for appeal. The owner or property
manager shall appear at the hearing in person and shall have the right
to representation by a person or attorney of his or her choice. The
owner, property manager or his/her representative shall provide sworn
testimony at said hearing. An appeal to the Town Board will stay the
imposition of the fine until it renders its decision. The Town Board
shall thereafter issue its written decision to uphold the fine or
rescind the fine.
This article shall be applicable to all dwellings located in
the Town of Niagara.