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, sexual assault, gang activity
or other activity proscribed by the Penal Law of the State of New
York.
CRIMINAL CONVICTION
The entry of a plea of guilty to or a verdict of guilty for
one or more counts set forth in an accusatory instrument.
DWELLING
A non-owner-occupied single-family, two-family or multifamily
dwelling which is rented or for rent.
ILLEGAL DRUG ACTIVITY
Use or possession of a controlled substance or marihuana
(marijuana), as defined by the New York State Penal Law.
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.
PREMISES
A building or structure, or any part thereof.
PROPERTY MANAGER
A person or other entity designated by the owner to manage
a dwelling on behalf of the owner.
PUBLIC NUISANCE
The following are declared to be public nuisances.
A.
Any premises, building, structure or real property used for
the purposes of prostitution as defined by New York State Penal Law
Article 230.
B.
Any premises, building, structure or real property used for
purposes of indecency, obscene performances and/or promotion of obscene
materials as defined by New York State Penal Law Article 235.
C.
Any premises, building, structure or real property used for
purposes of illegal gambling activity as defined by New York State
Penal Law Article 225.
D.
Any premises, building, structure or real property used for
the purpose of illegal possession, use or sale of a firearm or weapon
as defined by New York State Penal Law Article 265.
E.
Any premises, building, structure or real property used for
the purpose of illegal sale, manufacturing or consumption of alcohol
beverages as defined by the New York State Alcoholic Beverage Control
Law.
F.
Any premises, building, structure or real property wherein there
exists or has occurred a criminal nuisance as defined by the New York
State Penal Law § 240.45 or § 240.46.
G.
Activities affecting the quality of life of residents of the
Town of West Seneca, including violations of the Town's Noise Law, alcohol-related incidents or other violations of the Code
of the Town of West Seneca which are enforced by the Town Police Department.
RENTER/LESSEE/TENANT
Any person who rents a dwelling unit from an owner in the
Town of West Seneca. In addition to its ordinary meaning, "renter/lessee/tenant"
shall include an occupant of one or more rooms in a rooming house
or a resident, not including a transient occupant, of one or more
rooms in a hotel who has been in possession for 30 consecutive days
or longer.
TOWN
The Town of West Seneca.
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 chapter, 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 West Seneca. 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 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.
A special proceeding to evict a tenant from leased premises may be maintained upon the ground that the premises, or any part thereof, have been used or occupied for the purpose of illegal drug activity or a public nuisance as defined in §
95-2.
The procedures applicable to summary proceedings to recover
possession of real property under state law shall be applicable to
any proceeding brought under this chapter.
Two or more convictions of any person or persons had, within a period of one year, for any of the offenses defined in Article 220 or 221 of the Penal Law or any of the offenses set forth as a public nuisance in §
95-2 arising out of conduct engaged in the same real property consisting of a dwelling as that term is defined in § 4 of the New York State Multiple Dwelling Law, shall be presumptive evidence of conduct constituting use and occupancy of the premises for the purpose of using and possessing illegal drugs or of the existence of a public nuisance and of the tenant's knowledge thereof.
Two or more incidents of the following activities at any building,
structure or real property within a one-year period prior to the commencement
of a civil action by notice of such action as provided within this
chapter shall be prima facie evidence of the existence of illegal
drug activity or a public nuisance.
A. Service of an accusatory instrument charging any of the offenses
defined in Article 220 and 221 of the New York State Penal Law occurring
upon the property. For the purposes of this section, an accusatory
instrument shall include, but not be limited to, any criminal information,
misdemeanor and/or felony complaint filed in a court of competent
jurisdiction.
B. Service of a search warrant on the building, structure or real property
where controlled substances, marihuana (marijuana), drug paraphernalia
and/or weapons are seized.
C. Recovery of illegal controlled substances, drug paraphernalia or
illegal firearms or weapons on the building, structure or real property.
D. Investigative purchases of illegal controlled substances on the building,
structure or real property by law enforcement agencies or their agents.
E. Two or more arrests or convictions for any of the activities set forth in the definition of a public nuisance in §
95-2 at any premises, building, structure or real property within a two-year period shall be prima facie evidence of the existence of a public nuisance.
A court granting a petition pursuant to this article may, in
addition to any other order provided by law, make an order imposing
and requiring the payment by the respondent of a civil penalty not
exceeding $5,000 to the Town of West Seneca, in which the subject
premises is located, and the payment of reasonable attorneys' fees
and the cost of the proceeding to the petitioner. In any such case,
multiple respondents shall be jointly and severally liable for any
payment so ordered, and the amounts of such payments constitute a
lien upon the subject real property.