[Adopted 2-4-2020 by L.L. No. 1-2020]
"A local law of the Village of Canajoharie, New York, enumerating
and regulating certain activities and patterns of behavior, which
shall constitute a public nuisance."
The purpose of this article is to promote a clean, wholesome and attractive environment; protect the community from potential hazards to property and persons; preserve aesthetic qualities of the municipality; prevent depreciation of properties of persons in the community, and secure the public peace, health, safety, and welfare through a law designed to encourage and maintain the high quality of living Village residents have hitherto enjoyed. Recognizing that the atmosphere and quality of life that residents of Canajoharie have traditionally found desirable and attractive aspects to living in the Village are being threatened by deterioration of properties, both public and private, and that public behavioral standards and activities further threaten the atmosphere and quality of Village life, the Village of Canajoharie therefore realizes the need for enforcement measures to be instituted as a means of reducing the impact and occurrences of these detrimental activities and actions, thereby preserving the public peace, health, safety, and quality of life. This article is adopted pursuant to the authority granted the Village of Canajoharie in Section 10 of the Municipal Home Rule Law; as well as authority granted in the Village Board as the local Board of Health in Section 3 of New York Public Health Law. This article shall be referenced as Article III of Chapter 99, Code of the Village of Canajoharie, "Public Nuisance."
A.
A public nuisance shall, for the purposes of this article, be defined
as an act or omission that obstructs, damages, threatens or inconveniences
the health, morals, safety, comfort, convenience, welfare, or any
other rights of the community.
B.
A public nuisance shall be deemed to exist whenever, through violations
of any of the following provisions resulting from separate incidents
at a building, dwelling, premises, structure or place; and, whether
perpetrated by the owner or by a resident of or visitor to the said
building, dwelling, premises, structure or place, 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.
C.
The following violations shall be assigned a point value of six points:
(1)
Article 220 of the Penal Law, Controlled Substances Offenses.
(2)
Article 221 of the Penal Law, Offenses Involving Marijuana.
(3)
Article 225 of the Penal Law, Gambling Offenses.
(4)
Article 230 of the Penal Law, Prostitution Offenses.
(5)
Article 235 of the Penal Law, Offenses Against Public Order.
(6)
Article 240.36 of the Penal Law, Loitering in the First Degree.
(7)
Article 240.20 of the Penal Law, Disorderly Conduct.
(8)
Other offenses of the Penal Law of the State of New York.
D.
The following violations shall be assigned a point value of four
points:
(6)
Suffering or permitting unduly loud music or other sources of noise
in such a manner as to unduly annoy persons residing in or visiting
adjacent properties.
(7)
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting or lewdness.
(8)
Owning, possessing or keeping any nondomestic animal (as defined
in the New York State Agriculture and Markets Law, Article 26) on
or at the premises.
E.
For purposes of this article, 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 may include but shall not be limited
to police reports, investigative reports, execution of search warrants,
results of police surveillance, arrest and/or conviction under local,
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, excessive police attention as a result of citizen complaints,
as well as notices, citations and orders issued by the Code Enforcement
Officer. 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 a violation. Convictions 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.
A.
The Village shall from time to time appoint and authorize an Enforcement
Officer to police and/or enforce the regulations and prohibitions
of this article, and/or to issue warnings, notices of violation and/or
notices to comply; issue citations and/or assess fines, abate, defend
and/or seek any and all available remedies arising out of or from
any cause of action arising out of a real or alleged violation or
other grievance under this article.
B.
The Enforcement Officer is hereby authorized pursuant to Criminal
Procedure Law § 150.20(3) to issue an appearance ticket
to any person whom the Code Enforcement Officer has reason to believe
had so violated this law, and shall cause such person(s) to appear
before the appropriate justice to seek any remedy as may be deemed
just and proper.
C.
This article shall be administered and enforced by the Village of
Canajoharie and any appropriate law enforcement agency.
D.
Notice provisions: Upon accumulation of any points pursuant to this
section, the Village shall give notice to the owner(s), lessee(s)
and mortgagee(s) of the building, dwelling, structure and place wherein
the public nuisance is being conducted, maintained or permitted. Such
notice shall be served upon an owner or mortgagee pursuant to Article
3 of the Civil Practice Laws and Rules (CPLR) and upon a lessee pursuant
to § 735 of the Real Property Actions and Proceedings Law
(RPA), provided that any service other than delivery to the person
to be served shall be complete immediately upon delivery, mailing
or posting without the necessity of filing proof of service with the
Clerk of the Court before the hearing. The person in whose name the
real estate affected by the orders of the court is recorded in the
office of the County Clerk shall be presumed to be the owner thereof.
E.
Upon accumulation of points sufficient to constitute a public nuisance,
the Enforcement Officer shall issue an appearance ticket, together
with information specifying the basis for the alleged public nuisance,
to the owner(s), lessee(s), and mortgagee(s) of any building, dwelling,
premises, structure or place where a public nuisance is alleged to
exist, served on such persons in accordance with this chapter and
returnable in the Village Court.
F.
The appearance ticket, together with the information, shall be served
as follows: upon an owner pursuant to Article 3 of the Civil Practice
Laws and Rules (CPLR); upon a lessor or lessee pursuant to § 735
of the Real Property Actions and Proceedings Law (RPA); and upon a
mortgagee by means of certified mail, return receipt requested, sent
to the mortgagee's last known address, provided that any service other
than delivery to the person to be served shall be complete immediately
upon delivery, mailing, or posting. The person in whose name the real
estate affected by the orders of the court is recorded in the office
of the County Clerk shall be presumed to be the owner thereof. Proceedings
shall be commenced in the manner in this chapter within 60 days after
the occurrence of the most recent violation cited in the information.
A.
Any person violating any provisions of this article may be punished
upon conviction by a court ordering of any or all of the following
provisions:
(1)
The imposition of a fine not to exceed $1,000 upon the owner, lessor,
or lessee of the building, dwelling, premises, structure, or place
where the nuisance is found to have occurred, or another appropriate
remedy as may be deemed just and proper by the court of competent
jurisdiction.
(2)
The vacating of the building, dwelling, premises or place, or a portion
thereof, to the extent necessary to abate such nuisance.
(3)
The closing of the building, dwelling, premises or place, or a portion
thereof, where the nuisance is found to have occurred for up to a
period of six months.
(4)
The suspension for a period not to exceed six months or revocation
for a period of six months of any occupational license or permit issued
by the Village 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.
(5)
Any combination of the above.
B.
Orders of the Court issued pursuant to this article shall be posted
at the building, dwelling, premises or place, where a public nuisance
exists or is occurring in violation of law and shall be mailed to
the owner of record thereof within one business day of the posting.
C.
Five business days after the posting of an order issued pursuant
to this article, and upon written directive of the enforcement orders,
officers of the Village Police Department or other law enforcement
personnel are authorized to act upon and enforce such orders.
D.
Where the building, dwelling, premises or place, where a public nuisance
exists or is or was found to occur, is closed pursuant to this article,
such closing shall be for such period as the court may direct, but
in no event shall the closing be for a period of more than six months
from the posting of the order pursuant to this article. If the owner,
lessor or lessee shall file a bond in an amount determined by the
court, but which may not exceed the value of the property ordered
to be closed, and submit proof satisfactory to the court that the
nuisance had been abated and will not be created, maintained or permitted
for such a period of time as the building, structure or place had
been directed to be closed but the order of the court then the court
may vacate the provisions of the order that direct the closing of
the building, structure or place.
E.
A closing directed by the court pursuant to this section shall not
constitute an act of possession, ownership, or control by the Village
of Canajoharie or the closed premises.
F.
It shall be a misdemeanor for any person to use or occupy or to permit
any other person to use or occupy any building, dwelling, premises
or place, or any portion thereof, ordered closed in accordance with
this chapter.
G.
Mutilation or removal of a posted order of the court shall be punishable
by a fine of not more than $250, or by imprisonment not exceeding
15 days, or both, provided that such order contains therein a notice
of such penalty.
H.
Intentional disobedience or resistance to any provision of the orders
issued by the court pursuant to this section, in addition to any other
punishment prescribed by law, shall be punishable by a fine of not
more than $1,000 or by imprisonment not to exceed six months, or both.
I.
The enforcement officer may promulgate rules and regulations to carry
out and give full effect to the provisions of this section.
