Nuisance properties negatively impact the general health, safety,
and welfare of the community. The negative impacts of nuisance properties
are exacerbated when the persons responsible for such properties fail
to take timely corrective action to abate a nuisance condition. Repeated
service calls to properties with unabated nuisance conditions create
a significant financial burden for the City. This chapter is enacted
to provide a process for ensuring the abatement of nuisance conditions
on properties within the City. This chapter is not the exclusive remedy
of the City, and the City may avail itself of any other remedy available
under state or local law.
For purposes of this chapter, the following words or phrases
shall have the meanings prescribed below.
ABATE
To repair, replace, remove, destroy, or otherwise remedy
a condition that constitutes a violation of this chapter by such means,
and in such a manner and to such an extent, as the applicable City
department head or designee determines is necessary in the interest
of the general health, safety and welfare of the community.
CITY MANAGER
For purposes of this chapter only, the City Manager for the
City of Canandaigua and/or his/her designee(s).
CONTROL
The ability to regulate, restrain, dominate, counteract,
or govern property or conduct that occurs on a property.
NUISANCE ACTIVITY
Any violation of state or local law occurring on a property
that results in a ticket, citation, or arrest, except where the responsible
party, as defined herein, is the victim of a crime that was committed
on the property, or within 200 feet of the property, and would otherwise
qualify as a nuisance activity.
NUISANCE PROPERTY
A.
A property on which, or within 200 feet of which, three or more
nuisance activities, as defined herein, occur within any consecutive
ninety-day period; and/or
B.
A property on which, or within 200 feet of which, six or more
nuisance activities, as defined herein, occur within any consecutive
twelve-month period.
PERSON
Any natural person, joint venture, partnership, association,
club, company, corporation, business trust, organization, or entity,
including any manager, lessee, agent, officer, or employee of any
of them.
PERSON RESPONSIBLE
Any person(s), as defined herein, who owns, occupies, or
controls the property, including any developer, builder, or operator
of the property.
PROPERTY
Any public or private building, structure, lot, parcel, dwelling,
rental unit, real estate, or land or portion thereof, including property
used as residential or commercial property.
Any property within the City that qualifies as a nuisance property
under the terms of this chapter shall be in violation of this chapter
and subject to its remedies. In addition, any person responsible for
a nuisance property under the terms of this chapter shall be in violation
of this chapter and subject to its remedies.
Nothing in this chapter prohibits the City from taking any emergency
action for the summary closure of property when it is necessary to
avoid an immediate and substantial threat to the general health, safety,
and welfare of the community. The City may take summary action to
close property without complying with the notification provisions
of this chapter, but shall provide such notice as is reasonable under
the circumstances.