[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:
(1) 
Chapter 99, Article II, of the Code of the Village of Canajoharie, Noise Ordinance.
(2) 
Chapter 105 of the Code of the Village of Canajoharie, Property Maintenance.
(3) 
Chapter 48 of the Code of the Village of Canajoharie, Buildings, Unsafe.
(4) 
Chapter 53 of the Code of the Village of Canajoharie, Dogs.
(5) 
Chapter 143 of the Code of the Village of Canajoharie, Vehicles, Abandoned.
(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.