[Amended 12-5-2022 by L.L. No. 16-2022]
The Board of Trustees in the Village of Endicott finds that
public nuisances exist in the Village of Endicott in the operation
of certain establishments and the use of property in flagrant violation
of certain Penal Law and other state law and municipal Code provisions,
which nuisances substantially and seriously interfere with the interest
of the public in the quality of life and total community environment,
commerce in the Village, property values and the public health, safety
and welfare. The Board further finds that the continued occurrence
of such activities and violations is detrimental to the health, safety
and welfare of the people of the Village of Endicott and of the businesses
thereof and the visitors thereto. It is the purpose of the Board to
authorize and empower the Board of Trustees to impose sanctions and
penalties for such public nuisances, and such power of the Board of
Trustees 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 Board
of Trustees further finds that the sanctions and penalties imposed
by the Board of Trustees pursuant to this chapter 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 Village of Endicott and to promote the general
welfare.
This chapter shall be known as the "Property and Building Nuisance
Reform Law."
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, but is not limited to, the following: any search
warrants served on the property where controlled substances and/or
weapons were seized; investigative purchases of controlled substances
on or near the property by law enforcement agencies or their agents;
arrests for violations of controlled substance law and/or possession
of weapons; loitering for the purposes of engaging in illegal activity;
an increase in the volume of traffic associated with property; complaints
made to law enforcement officials of illegal activity associated with
the property, finding of illegal weapons, as defined in § 265
of the Penal Law, or controlled substances, as defined in Articles
220 and 222 of the Penal Law, or violations of the Cannabis Law on
or near property by law enforcement officials and their agents.
[Amended 12-5-2022 by L.L. No. 16-2022]
A structure where space is covered or enclosed for the use,
shelter, storage or protection of persons, animals, chattel or property
of any kind, and which is permanently affixed to the land.
A building subordinate to the principal building on the lot
and used for purposes which are clearly related but incidental to
that of said principal building.
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold, or services offered.
A building or portion thereof utilized to accommodate the
activities of a business.
A conviction for an offense in a court of competent jurisdiction
or an administrative bureau shall not be required. Instead, the Village
shall prove by a preponderance of the evidence that the violations
have occurred. 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, or a plea of guilty shall
constitute conclusive proof of a violation. Conviction 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.
Notwithstanding the foregoing, under no circumstances shall a conviction
or a plea of guilty constitute a violation under this chapter where
said conviction or plea stemmed from a crime or Village Code violation
committed at the building, property or place in issue, where such
crime or violation was first reported by an owner or tenant of the
property, place, building or, in the case of a multiunit building,
the specific building unit where the crime occurred; nor shall a conviction
or a plea of guilty constitute a violation under this chapter where
said conviction or plea stemmed from a domestic-violence-related incident
that occurred at the building unit, building, property or place in
issue, which domestic violence incident was first reported by the
victim thereof.
[Amended 12-6-2021 by L.L. No. 7-2021]
Actions, behavior, or conduct by a person or persons at a
particular location that disturbs the peace.
The presumption of knowledge provided by Subdivision 1 of
§ 235.10 of the Penal Law shall be applicable to this chapter.
Notice, by mail or personal service, of activities entailing a public
nuisance to the property owner of record shall be evidence of knowledge
of the public nuisance.
A parcel of land, with or without buildings or structures,
delineated by lot line and having access to a street as defined in
this chapter.
New York State Penal Law.
For the purposes of this chapter, a public nuisance shall
be deemed to exist whenever, through violations of any of the following
provisions resulting from separate incidents at a building, erection
or place, or immediately adjacent to the building, erection or place
as a result of the operation of the business, 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. Notwithstanding any contrary provisions of
this chapter, under no circumstances shall points accumulate toward
a public nuisance determination where violations are discovered during
the course of an investigation by law enforcement or code enforcement
personnel in response to a request for assistance by an owner or tenant
of the property, place, building or, in the case of a multiunit building,
the specific building unit where the violation occurred; nor shall
points accumulate toward a public nuisance determination where violations
are discovered during the course of such an investigation in connection
with a report of a domestic-violence-related incident at the building
unit, building, property or place in issue, where the victim of said
domestic-violence-related incident made the request for assistance.
[Amended 2-17-2020 by L.L. No. 10-2020; 12-6-2021 by L.L. No. 7-2021]
The following violations shall be assigned a point value of
two points:
Sections 240.36 and 240.37 of the Penal Law: Loitering in the
First Degree.
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting or lewdness.
Chapter 174 of the Code of the Village of Endicott, Noise Control.
[Amended 3-20-2023 by L.L. No. 2-2023]
Chapter 88 of the Code of the Village of Endicott, Animals.
The Agriculture and Markets Law, dangerous dog provisions, where
a dog is determined by a court to be a dangerous dog but no human
was attacked or injured.
The following violations shall be assigned a point value of
four points:
Disorderly conduct by individual or individuals.
Any violation of Chapter 160 of the Code of the Village of Endicott, Housing Standards. Each repeat offense is an additional four points.
General disturbances at a particular location.
Article 225 of the Penal Law, Gambling Offenses.
The Alcoholic Beverage Control Law.
Section 415-a of the Vehicle and Traffic Law, Vehicle Dismantlers.
Sections 170.65 and 170.70 of the Penal Law, Forgery or Illegal
Possession of a Vehicle Identification Number.
Possession, use, sale or offer for sale of any alcoholic beverage in violation of Article 18 of the Tax Law, or of any cigarette or tobacco products in violation of Article 20 of the Tax Law.
The Agriculture and Markets Law.
The Tobacco Retail License Law.
The following violations shall be assigned a point value of
six points:
Article 178 of the Penal Law, Criminal Diversion of Prescription
Medications and Prescriptions.
Article 220 of the Penal Law, Controlled Substances Offenses.
Article 222 of the Penal Law, Offenses Involving Cannabis.
[Amended 12-5-2022 by L.L. No. 16-2022]
Sections 165.15, (6), (7), and (8), 165.40, 165.45, 165.50,
165.50, 165.52, 165.54, 165.71, 165.72 and 165.73 of the Penal Law,
Criminal Possession of Stolen Property.
Article 158 of the Penal Law, Welfare Fraud.
Section 147 of the Social Services Law, Food stamp program fraud.
Section 2024 of Title 7 of the United States Code, Illegal Use
of Food Stamps.
Any commercial violations of Chapter 300, Zoning Code of Village of Endicott.
Allowing persons on the premises in excess of occupancy limits.
Section 3383 of the Public Health Law, Imitation controlled
substances.
Operating a premises without the requisite certificate of use in violation of Chapter 300, Zoning Code of Village of Endicott.
Any violation of the Cannabis Law.
[Added 12-5-2022 by L.L. No. 16-2022]
Article 179 of the Penal Law, Criminal Diversion of Medical
Cannabis.
[Added 12-5-2022 by L.L. No. 16-2022]
Any violation of Article 33, Title V-a, of the Public Health Law, Medical Use of Marihuana.
[Added 12-5-2022 by L.L. No. 16-2022]
The following violations shall be assigned a point value of
10 points:
Article 230 of the Penal Law, Prostitution Offenses.
Article 265 of the Penal Law, Firearms and other Dangerous Weapons.
Sections 260.20 and 260.21 of the Penal Law, Unlawfully Dealing
with a Child.
Article 263 of the Penal Law, Sexual Performance by a Child.
Loitering for the purpose of engaging in a prostitution offense.
The following violation shall have a point value of 12 points:
Penal Law violations, including but not limited to murder, attempted
murder, assault, attempted assault, sex offenses, etc.
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
Conduct, or evidence of conduct, prohibited under this chapter.
A violation does not require criminal prosecution and conviction but
only a preponderance of evidence that the prohibited conduct is occurring
or has occurred. Evidence of prohibited conduct 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. Notwithstanding the foregoing, evidence obtained during
the course of responding to a request for assistance made by an owner
or tenant of the at-issue property, place, building or, in the case
of a multiunit building, the specific building unit where the violation
occurred shall not constitute evidence of prohibited conduct under
this chapter.
[Amended 12-6-2021 by L.L. No. 7-2021]
An open area on a lot which is open to the sky and that is unoccupied by any land use or activity except as may otherwise be provided in Chapter 300, Zoning, of the Code of the Village of Endicott.
A.
Evidence. In any action under this chapter, evidence of the common
fame and general reputation of the building, structure or place, of
the inhabitants or occupants thereof, or of those resorting thereto,
shall be competent evidence to prove the existence of a property or
building nuisance.
B.
Scienter. If evidence of the general reputation of the building,
structure or place, or of the inhabitants or occupants thereof, is
sufficient to establish the existence of the nuisance, it shall be
prima facie evidence of knowledge thereof and acquiescence and participation
therein and responsibility for the nuisance, on the part of the owners,
lessors, lessees, and all those in possession of or having charge
of, as agent or otherwise, or having any interest in any form in the
property, real or personal, used in conducting or maintaining the
property or building nuisance.
C.
Presumptions for the purposes of this section.
(1)
Any building, accessory building, business office, lot, or yard wherein, within the period of one year prior to the commencement of an action under this chapter, there have occurred two or more convictions, as defined in § 190-3, on the part of the lessees, owners, operators, or occupants, of the provisions of this chapter as defined in § 190-3 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(2)
Any building, accessory building, business office, lot, or yard wherein, within a one-year period prior to the commencement of an action under this chapter, there have occurred four or more violations on the part of the lessees, owners, operators, or occupants, of the provisions of this chapter as defined in § 190-3 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(3)
Any building, accessory building, business office, lot, or yard wherein, within the period of one year prior to the commencement of an action under this chapter, there has been presented a preponderance of evidence of repeated criminal activity which has an adverse impact, as defined in § 190-3 of this article, on such property or neighborhood, shall be prima facie evidence that a public nuisance exists at said location.
