[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-27-2021 by L.L. No. 2-2021[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Abatement of Public Nuisances, adopted 12-23-2008 by L.L. No. 10-2008,
as amended.
This article shall be known and cited as Local Law No. 2 of
2020, the "Village of Solvay Nuisance Abatement Law."
A.
The Village Board of Trustees finds that public nuisances exist in
the Village of Solvay in the operation of certain establishments in
the use of property in flagrant violation of state and local laws
pertaining to possession, sale and use of controlled substances and
dangerous drugs, illegal use or possession of weapons, possession
of stolen property and laws relating to the sale and consumption of
alcoholic beverages, all of which substantially and seriously interfere
with the interest of the public and the quality of life and total
community environment, commerce in the Village, property values and
the public health, safety and welfare, particularly as it affects
our children and young adults.
B.
The Village Board of Trustees 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 Solvay and of the businesses
thereof and the visitors thereto and that the public nuisances frequently
exist in properties where the owner is not in residence.
C.
It is the purpose of the Village Board of Trustees to create and
to empower a Nuisance Abatement Committee to impose appropriate sanctions
and proportional penalties as may serve to eliminate such public nuisances,
and it is further intended that the exercise of such powers as are
given to the Nuisance Abatement Committee, pursuant to this article,
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 laws. The Village Board of Trustees
further finds the sanctions and penalties which may be imposed by
the Nuisance Abatement Committee, pursuant to this article, constitute
an additional and appropriate method of law enforcement in response
to the proliferation of the above-described public nuisances within
the Village of Solvay. The sanctions and penalties which may be imposed
are reasonable and necessary in order to promote the health and safety
of the people of the Village of Solvay and to promote the general
welfare.
As used in this article, the following terms shall have the
meanings indicated:
A structure used or occupied as an adjunct of, or in conjunction
with, the use or occupancy of premises, or a building or buildings
thereon, and which is located on the premises or adjacent thereto.
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 221 of the Penal Law, on or near the property by law enforcement
officials and their agents; any violations of the Code of the Village
of Solvay.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls and a roof. The term "building"
shall be construed as if followed by the phrase "or part thereof"
unless otherwise indicated by the text.
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold, or services offered.
Any office use not satisfying the definition of "professional
office" or "medical office" shall be considered a business office
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
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.
The presumption of knowledge provided by Subdivision 1 of
§ 235.10 of the Penal Law shall be applicable to this article.
Notice, by mail or personal service, of activities relating to a public
nuisance, to the property owner of record shall be evidence of knowledge
of the public nuisance.
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as are required
by this article, and having frontage on a public street.
New York State Penal Law.
For purposes of this article, the following are declared
to be public nuisances: any building, structure, lot, site or separately
identifiable portion thereof where violations of any of the following
provisions of law are occurring and where two or more violations of
such provisions result in two or more criminal convictions, within
a twelve-month time period prior to the commencement of a proceeding
pursuant to this article, and activities which create an unreasonable
interference with a person's lawful use and enjoyment of their
own property due to excessive noise and general disturbance of the
peace.
A.
Penal Law articles:
(1)
Article 220 (offenses dealing with possession and sale of controlled
substances).
(2)
Article 221 (offenses dealing with sale and possession of marijuana).
(3)
Article 225 (offenses dealing with promoting gambling and possession
of gambling records).
(4)
Article 230 (offenses dealing with prostitution).
(5)
Article 265 (offenses dealing with firearms and possession of other
dangerous weapons).
(6)
Article 158 (offenses dealing with welfare fraud).
(7)
Article 263 (offenses dealing with sexual performance by a child).
(8)
Article 178 (offenses dealing with criminal diversion of prescription
medications and prescriptions).
B.
Penal Law sections:
(1)
Sections 165.15(4), (6), (7) and (8), 165.40, 165.45, 165.50, 165.52,
165.54, 165.71, 165.72 and 165.73 (criminal possession of stolen property).
(2)
Sections 260.20 and 260.21 (unlawfully dealing with a child).
(3)
Sections 240.36 and 240.37 (loitering in the first degree and loitering
for the purpose of engaging in a prostitution offense).
(4)
Section 170.65 (forgery of vehicle identification numbers).
(5)
Section 170.70 (possession of vehicle identification numbers).
(6)
Section 175.10 (falsifying business records).
C.
Other sections:
(1)
Vehicle and Traffic Law § 415-a, illegal dismantling of
junk and/or salvaged vehicles.
(2)
Alcoholic Beverage Control Law § 123, illegal manufacture,
sale or distribution of liquor, wine or beer.
(3)
Tax Law Article 18, possession, use, sale or offer for sale of any
alcoholic beverage.
(4)
Tax Law Article 20, possession, use, sale or offer for sale of any
cigarette or tobacco products.
(5)
Social Services Law § 147, food stamp program fraud.
(6)
Public Health Law § 3383, imitation controlled substances.
(7)
Agriculture and Markets Law.
(8)
The Code of the Village of Solvay.
(9)
Title 19 New York Codes, Rules and Regulations Chapters XXXII and
XXXIII.
D.
Miscellaneous:
(1)
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting or lewdness.
(2)
Operating a business at the premises in a manner which causes it
to be a source of disruption for the neighborhood and/or a focal point
of police attention.
(3)
Activities which result in numerous police investigations within
a six-month period of time.
(4)
Permitting situations or conditions which allow rodents, insects
and other vermin to live on or in real property and/or failing to
take reasonable actions to abate, eliminate and/or exterminate rodents,
insects, and other vermin when the landowner, occupant or user of
such real property becomes aware or should have known of the existence
of such rodent, insect and vermin infestation. It is the intention
of this section to declare rodent, insect, and vermin infestation
as a public nuisance and to take whatever actions are permitted to
declare those persons responsible for the infestation, including,
but not limited to, occupants, owners, or any other entity occupying
said real property.
(5)
It shall be prima facie evidence that violations are occurring where
an arrest for a violation of any of such provisions has been made
within 30 days prior to the issuance of notice pursuant to this article.
E.
SITE
STRUCTURE
TESTIMONY
VIOLATION
YARD
Notwithstanding the foregoing, an arrest for assault in violation
of New York Penal Law §§ 120.00, 120.05 or 120.10 which
involves domestic violence shall not be considered as a qualifying
arrest for purposes of enforcement of this article.
A place, location, or piece of property set aside for a specific
use.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
Conduct, or evidence of conduct, prohibited under the Village
of Solvay Nuisance Abatement Law. 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, research of search warrants,
results of police surveillance, arrest and/or conviction of local
or state or federal laws, activities associated with trafficking of
controlled substances, finding of weapons and/or controlled substances
on or near the property, and increased volume of traffic associated
with the property.
An open space, as may be required by this article, on the
same lot with a building or a group of buildings, which open space
lies between the principal building or group of buildings and the
nearest lot line and is unoccupied and unobstructed from the ground
upward, except as specified elsewhere in this article.
A.
Evidence. In any action under this section, evidence of the common
fame and general reputation of the building, structure or place, or
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, building accessory, business office, lot, or yard, wherein, within the period of one year prior to the commencement of an action under this article, there have occurred two or more convictions, as defined in § 120-3 of this article, on the part of the lessees, owners, operators, or occupants shall be prima facie evidence that a public nuisance exists at said location.
(2)
Any building, building accessory, business office, lot, or yard, wherein, within a one-year period prior to the commencement of an action under this article, there have occurred four or more violations as defined in § 120-3 of this article, on the part of the lessees, owners, operators, or occupants, shall be prima facie evidence that a public nuisance exists at said location.
(3)
Any building, building accessory, business office, lot, or yard, wherein, within the period of one year prior to the commencement of an action under this article, there has been presented a preponderance of evidence of repeated criminal activity which has an adverse impact, as defined in § 120-3 of this article, on such property or neighborhood shall be prima facie evidence that a public nuisance exists at said location.
A.
There is hereby established, for the purpose of administratively
implementing and enforcing the provisions of this article, a Nuisance
Abatement Committee (hereinafter referred to as "Committee") which
shall consist of the following three members: the Chief of Police,
the Chairperson of the Codes Committee, and the senior Code Enforcement
Officer as recognized by the Village Board of Trustees.
B.
In addition to enforcement procedures established elsewhere, the
Committee, after notice and opportunity for a hearing, shall refer
to the Village Board the Committee's recommendations on each
case. The Village Board shall consider such recommendation and determine,
by a majority vote, which, if any, of the following actions will be
taken in regard to each case:
(1)
To order the discontinuance of such activity at the building, structure,
lot, site and/or separately identifiable portion thereof where such
public nuisance exists; and/or
(2)
To order the closing of the building, structure, lot and/or separately
identifiable portion thereof necessary to abate the nuisance; and/or
(3)
To suspend for a period not to exceed six months or revoke for a
period of one year a certificate of occupancy or rental permit issued
for such premises, and to prevent the owner from obtaining a new certificate
of occupancy or rental permit for another location for the period
of suspension or revocation; and/or
(4)
To suspend for a period not to exceed six months or revoke for a
period of one year 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;
and/or
(5)
To suspend for a period not to exceed six months or revoke for a
period of one year eligibility to secure grants or loans from the
Village of Solvay; and/or
(6)
A determination by a majority of the Village Board to warn the owner
and afford the owner a period of time (the "cure period") in which
the owner must remedy the nuisance condition. Any cure period established
by a majority of the Village Board of Trustees shall be not less than
10 nor more than 30 calendar days. The Village Board may make, by
majority vote, subsequent additional allowances of time to cure the
nuisance condition in its discretion; and/or
(7)
Any combination of the above.
A.
Prior to the issuance of orders by the Committee, the Committee shall
give notice and opportunity for a hearing to the owner, lessor, lessee
and the mortgagee of a building, structure, lot, site and/or separately
identifiable portion thereof wherein the public nuisance is being
conducted, maintained or permitted. Such notice shall be served upon
an owner pursuant to Article 3 of the Civil Practice Law and Rules,
upon a lessor or lessee pursuant to § 735 of the Real Property
Actions and Proceedings Law, 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 delivering,
mailing or posting without the necessity of filing proof of service
with the Clerk of any court before the hearing. The person in whose
name the real estate affected by the order of the Committee is recorded
in the office of the County Clerk shall be presumed to be the owner
thereof.
B.
The lack of knowledge, acquiescence or participation in or responsibility
for a public nuisance on the part of the owners, lessors, lessees,
mortgagees and all those persons in possession or having charge of,
as agent or otherwise, or having any interest in the property, real
or personal, used in conducting or maintaining the public nuisance
shall not be a defense by such owners, lessors, lessees, mortgagees
and other persons.
A.
Orders of the Committee issued pursuant to this section shall be
posted at the building, structure, lot, site and/or separately identifiable
portion thereof 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.
B.
Five business days after the posting of an order issued pursuant
to this section, upon the written direction of the Committee, the
Police Department of the Village of Solvay is hereby authorized to
act upon and enforce such order. Where the Committee closes a building,
structure, lot, site and/or separately identifiable portion thereof
pursuant to this section, such closing shall be for such period as
the Committee shall direct, but in no event shall the closing be for
a period of more than one year from the posting of the order pursuant
to this section. If the owner, lessor, lessee or mortgagee shall file
a bond in an amount determined by the Committee, but which may not
exceed the value of the property ordered to be closed, and submits
proof satisfactory to the Committee that the nuisance has been abated
and will not be created, maintained or permitted for such period of
time as the building, structure, lot, site and/or separately identifiable
portion thereof has been directed to be closed by the order of the
Committee, then the Committee may vacate the provisions of the order
that directed the closing thereof.
C.
A closing directed by the Committee pursuant to this section shall
not constitute an act of possession, ownership or control by the Village
of the closed premises.
D.
The Committee may promulgate rules and regulations to carry out and
give full effect to the provisions of this section.
E.
If any provision of this section or the application thereof to any
person or circumstances is held invalid, the remainder of this section
and the applications of such provisions to other persons and circumstances
shall not be rendered invalid thereby.
A.
Subject to the approval of a majority of the Village Board of Trustees
authorizing the institution of a civil proceeding to abate a nuisance
condition, the Village Attorney may bring and maintain a civil proceeding
in the name of the Village of Solvay for the following types of relief:
B.
Procedure.
(1)
The summons. The Village Attorney shall name as defendants the building,
structure or place wherein the public nuisance is being conducted,
maintained or permitted, by describing it by Tax Map number and/or
street address and at least one of the owners of some part of or an
interest in the property.
(2)
The complaint.
(a)
The Village Attorney shall bring and maintain a civil proceeding in the name of the Village of Solvay in any court of competent jurisdiction to permanently enjoin the public nuisance and the persons conducting, maintaining or permitting the public nuisance, as defined in § 120-3 of this article, from further conducting, maintaining, or permitting the public nuisance in the manner provided within. The owner, operator, and/or lessee of a building, structure or place wherein the public nuisance is being conducted, maintained or permitted may be made defendants in the action.
(b)
The venue of such action shall be in the county where the public
nuisance is being conducted, maintained or permitted.
(c)
The existence of an adequate remedy at law shall not prevent
the granting of temporary or permanent relief pursuant to this article.
(d)
The civil action shall be commenced by the filing of a summons
and complaint alleging the facts constituting the nuisance.
(e)
The complaint shall name as defendants the building, structure
or place wherein the nuisance is being conducted, maintained or permitted,
by describing it by Tax Map number and/or street address and at least
one of the owners who possesses some part of or an interest in the
property.
(f)
Any complaint filed under this article shall be verified or
accompanied by affidavit(s) for purposes of showing that the owner
or his/her agent has notice of the nuisance and has had an opportunity
to abate the nuisance.
(g)
The complaint or affidavit shall contain a description of the
attempts by the applicant to notify and locate the owner of the property
and/or the owner's agent.
(h)
The complaint or affidavit shall describe the adverse impact
associated with the property on the surrounding neighborhood.
(3)
In rem jurisdiction over building, structure, or place. In rem jurisdiction
shall be complete over the building, structure or place wherein the
public nuisance is being conducted, maintained or permitted by affixing
the summons to the door of the building, structure or place and by
mailing the summons by certified or registered mail, return receipt
requested, to one of the owners who possesses some part of or an interest
in the property. Proof of service shall be filed within two days thereafter
with the Clerk of the court designated in the summons. Service shall
be complete upon such filing.
(4)
Service of summons on other defendants. Defendant(s), other than
the building, structure or place wherein the public nuisance is being
conducted, maintained or permitted, shall be served with the summons
as provided in the Civil Practice Law and Rules.
(5)
Notice of pendency. With respect to any action commenced or to be
commenced pursuant to this article, the Village Attorney may file
a notice of pendency pursuant to the provisions of Article 65 of the
Civil Practice Law and Rules.
(6)
Presumption of ownership. The owner of the real estate affected by
the action shall be presumed to be the person in whose name the real
estate is recorded in the office of the Town of Geddes Assessor and/or
the office of the Clerk of the County of Onondaga.
(7)
Presumption of employment or agency. Whenever there is testimony
that a person was the manager, operator, supervisor, or in any other
way in charge of the premises at the time a public nuisance was being
conducted, maintained or permitted, such evidence shall be presumptive
that he or she was an agent or employee of the owner or lessee of
the building, structure or place considered to be a nuisance.
(8)
Penalty. If, upon the trial of an action under this article, or upon
a motion for summary judgment in an action under this article, a finding
is made that the defendant has conducted, maintained or permitted
a public nuisance defined in this article, a penalty may be awarded
in an amount not to exceed $1,000 for each day it is found that the
defendant conducted, maintained or permitted the public nuisance after
notice to abate has been given by the Village. Upon recovery, such
penalty shall be paid into the general fund of the Village.
(9)
Enforcement. A judgment pursuant to this article shall be enforced
by the Village of Solvay Police Department and the office of Village
Attorney.
C.
Judgment awarding permanent injunction.
(1)
A judgment awarding a permanent injunction, pursuant to this article,
may direct the Solvay Police Department to seize and remove from the
building, structure or place all material, equipment and instrumentalities
used in the creation and maintenance of the public nuisance and shall
direct the sale by the Solvay Police Department of such property in
the manner provided for the sale of personal property under execution
pursuant to the provisions of the Civil Practice Law and Rules. The
net proceeds of any such sale, after deduction of the lawful expenses
involved, shall be paid into the general fund of the Village.
(2)
A judgment awarding a permanent injunction pursuant to this article
may authorize agents of the Village to forthwith remove and correct
construction and structural alterations in violation of the Village
housing code. Any and all costs associated with these repairs or alterations
shall become a lien against said property and shall have priority
before any mortgage or other lien that exists prior to such filing
except tax and assessment liens and any nuisance abatement lien.
(3)
A judgment awarding a permanent injunction, pursuant to this article, may direct the closing of the building, structure or place by the Solvay Police Department, to the extent necessary to abate the nuisance, and shall direct the Solvay Police Department to post a copy of the judgment and a printed notice of such closing conforming to the requirements of § 120-8J of this article.
(4)
The closing directed by the judgment shall be for such period as
the court may direct, but in no event shall the closing be for a period
of more than one year from the posting of the judgment provided for
in this subsection.
(5)
If the owner shall file a bond in the value of the property ordered
to be closed and submits proof to the court that the nuisance has
been abated and will not be created, maintained or permitted for such
period of time as the building, structure or place has been directed
to be closed in the judgment, the court may vacate the provisions
of the judgment that directed the closing of the building, structure
or place.
(6)
A closing by the Solvay Police Department, pursuant to this subsection,
shall not constitute an act of possession, ownership or control by
the Solvay Police Department of the closed premises.
(7)
Upon the request of the Mayor or the Village Attorney, the Village
of Solvay Police Department shall assist in the enforcement of a judgment
awarding a permanent injunction entered in an action brought pursuant
to this article.
(8)
A judgment rendered awarding a permanent injunction pursuant to this
article shall be and become a lien upon the building, structure or
place named in the complaint in such action, such lien to date from
the time of filing a notice of liens pending in the office of the
Clerk of the county wherein the building, structure or place is located.
Every such nuisance abatement lien shall have priority before any
mortgage or other lien that exists prior to such filing except tax
and assessment liens.
(9)
A judgment awarding a permanent injunction pursuant to this article
shall provide, in addition to the costs and disbursements allowed
by the Civil Practice Law and Rules, upon satisfactory proof by affidavit
or such other evidence as may be submitted, the actual costs, expenses
and disbursements of the Village in investigating, bringing and maintaining
the action.
D.
Preliminary injunction.
(1)
Generally.
(a)
Pending an action for a permanent injunction as provided for
in this article, the court may grant a preliminary injunction enjoining
a public nuisance within the scope of this article and the person
or persons conducting, maintaining or permitting the public nuisance
from further conducting, maintaining or permitting the public nuisance.
An order granting the preliminary injunction shall direct a trial
of the issues at the earliest possible time. Where preliminary injunction
has been granted, the court shall render a decision with respect to
a permanent injunction at its earliest convenience after the conclusion
of the trial. A temporary closing order may be granted pending a hearing
for a preliminary injunction where it appears by clear and convincing
evidence that a nuisance within the scope of this article is being
conducted, maintained or permitted and that the public health, safety
or welfare immediately requires the granting of a temporary closing
order. A temporary restraining order may be granted pending a hearing
for a preliminary injunction where it appears by clear and convincing
evidence that a nuisance within the scope of this article is being
conducted, maintained or permitted.
(b)
A preliminary injunction shall be enforced by the Village Attorney
and the Village of Solvay Police Department. If the court grants a
preliminary injunction, the provisions of this article shall be applicable.
E.
Temporary closing order.
(1)
If, on a motion for a preliminary injunction pursuant to this section,
the Village Attorney shall show by clear and convincing evidence that
a nuisance within the scope of this article is being conducted, maintained
or permitted and that the public health, safety or welfare immediately
requires a temporary closing order, a temporary order closing such
part of the building, structure or place wherein the nuisance is being
conducted, maintained or permitted may be granted without notice,
pending order of the court granting or refusing the preliminary injunction
and until further order of the court. Upon granting a temporary closing
order, the court shall hold a hearing for the preliminary injunction.
(2)
Service of temporary closing order. Unless the court orders otherwise,
a temporary closing order together with the papers upon which it was
based and a notice of hearing for the preliminary injunction shall
be personally served, in the same manner as a summons as provided
in the Civil Practice Law and Rules.
F.
Temporary restraining order.
(1)
A temporary restraining order may be granted pending a hearing for
preliminary injunction where it appears by clear and convincing evidence
that a public nuisance within the scope of this article is being conducted,
maintained, or permitted and that the public health, safety, or welfare
immediately requires the granting of a temporary restraining order.
This order shall restrain the defendants and all persons from removing
or transferring off the property or in any manner interfering with
the fixtures and movable property used in conducting, maintaining
or permitting the public nuisance and from further conducting, maintaining
or permitting the public nuisance. A temporary restraining order may
be granted without notice, pending order of the court granting or
refusing the preliminary injunction and until further order of the
court. Upon granting a temporary restraining order, the court shall
direct the holding of a hearing for the preliminary injunction.
(2)
Service of temporary restraining order. Unless the court orders otherwise,
a temporary restraining order and the papers upon which it was based
and a notice of hearing for the preliminary injunction shall be personally
served in the same manner as a summons as provided in the Civil Practice
Law and Rules.
G.
Temporary closing order; enforcement of temporary restraining order.
(1)
If, on motion for a preliminary injunction, the Village Attorney
submits evidence warranting both a temporary closing order and a temporary
restraining order, the court shall grant both orders.
(2)
Enforcement of temporary closing orders and temporary restraining
orders. Temporary closing orders and temporary restraining orders
shall be enforced by the Village Attorney and the Village of Solvay
Police Department.
H.
Inventory upon service of temporary closing orders and temporary
restraining orders. The officers serving a temporary restraining order
shall forthwith make and return to the court an inventory of personal
property situated in and used in conducting, maintaining or permitting
a public nuisance within the scope of this article and shall enter
upon the building, structure or place for such purpose. Such inventory
shall be taken in any manner which is deemed likely to evidence a
true and accurate representation of the personal property subject
to such inventory, including, but not limited to, photographing such
personal property.
I.
Closing of premises pursuant to temporary closing orders and temporary
restraining orders. The officers serving a temporary restraining order
shall, upon service of the order, command all persons present in the
structure or place to vacate the premises forthwith. Upon the building,
structure or place being vacated, the premises shall be securely locked
and all keys delivered to the officers serving the order, who thereafter
shall deliver the keys to the fee owner, lessor or lessee of the building,
structure or place involved. If the fee owner, lessor or lessee is
not at the building, structure or place when the order is being executed,
the officers shall securely padlock the premises and retain the keys
until the fee owner, lessor or lessee of the building is ascertained,
at which time the officers shall deliver the keys to such owner, lessor
or lessee, if such individual resides within Onondaga County.
J.
Posting of temporary closing orders and temporary restraining orders.
Upon service of a temporary restraining order, the officer shall post
a copy thereof in a conspicuous place or upon one or more of the principal
doors at entrances of such premises where the public nuisance is being
conducted, maintained or permitted. In addition, where a temporary
restraining order has been granted, the officers shall affix, in a
conspicuous place or upon one or more of the principal doors at entrances
of such premises, a printed notice that shall state that certain described
activity is prohibited by court order and that removal of property
is prohibited by court order. If the temporary restraining order directs
that the premises are to be closed by court order, the notice shall
contain the legend "Closed by Court Order" in block lettering of sufficient
size to be observed by anyone intending or likely to enter the premises,
the date of the order, the court from which issued and the name of
the office or agency posting the notice.
K.
Temporary restraining order or preliminary injunction bond required.
A temporary restraining order or preliminary injunction shall not
issue under this article, except upon the giving of a bond or security
by the applicant, in the amount of $1,000, for the payment of such
costs and damages as may be incurred or suffered by any party who
is found to be wrongfully restrained or enjoined. A bond or security
shall not be required of the State of New York, municipal corporations,
or political subdivisions of the State of New York.
A.
Temporary restraining order to be vacated; inspection provision.
(1)
A temporary restraining order shall be vacated, upon notice to the
Village Attorney, if the defendant shows by affidavit and such other
proof as may be submitted that the public nuisance within the scope
of this article has been abated. An order vacating a temporary closing
order or a temporary restraining order shall include a provision authorizing
agencies of the Village to inspect the building, structure or place,
which is the subject of an action pursuant to this article, periodically
without notice, during the pendency of the action, for the purpose
of ascertaining whether or not the public nuisance has been resumed.
It shall be a misdemeanor for any person to use or occupy or to permit
any other person to use or occupy any building, structure, lot, site
and/or separately identifiable portion thereof to intentionally disobey
an inspection provision of an order vacating a temporary restraining
order, in addition to any other punishment prescribed by law, shall
be punishable on conviction, by a fine of not more than $500 or by
imprisonment not exceeding six months, or by both. The Police Department
shall, upon the request of the Village Attorney, or upon the direction
of the Mayor, assist in the enforcement of an inspection provision
of an order vacating a temporary restraining order.
(2)
A temporary restraining order may be vacated by the court, upon notice
to the Village Attorney, when the defendant gives an undertaking and
the court is satisfied that the public health, safety or welfare will
be protected adequately during the pendency of the action. The undertaking
shall be in an amount equal to the assessed valuation of the building,
structure or place where the public nuisance is being conducted, maintained
or permitted or in such other amount as may be fixed by the court.
The defendant shall pay to the Village, in the event a judgment of
permanent injunction is obtained, its actual costs, expenses and disbursements
in investigating, bringing and maintaining the action.
B.
Vacating a temporary injunction or a temporary restraining order.
When the defendant gives an undertaking in the amount of the civil
penalty demanded in the complaint together with costs, disbursements
and the projected annual costs of the prosecution of the action to
be determined by the court, upon a motion on notice to the Village
Attorney, a temporary injunction or a temporary restraining order
shall be vacated by the court. The provisions of the Civil Practice
Law and Rules governing undertakings shall be applicable to this article.
A.
Appointment, duration and removal. In any action wherein the complaint
alleges that the nuisance is being conducted or maintained in the
residential portions of any building or structure or portion thereof,
which are occupied in whole, or in part, as the home, residence or
sleeping place of one or more human beings, the court may, upon motion
on notice by the plaintiff, appoint a temporary receiver to manage
and operate the property during the pendency of the action, in lieu
of a temporary closing order. A temporary receivership shall not continue
after final judgment unless otherwise directed by the court. Upon
the motion of any party, including the temporary receiver, or on its
own initiative, the appointing court may remove a temporary receiver
at any time.
B.
Powers and duties. The temporary receiver shall have such powers
and duties as the court shall direct, including, but not limited to,
collecting and holding all rents due from all tenants, leasing or
renting portions of the building or structure, making or authorizing
other persons to make necessary repairs or to maintain the property,
hiring security or other personnel necessary for the safe and proper
operation of a dwelling, prosecuting or defending suits flowing from
his or her management of the property and retaining counsel therefor,
and expending funds from the collected rents in furtherance of the
foregoing powers.
C.
Oath. A temporary receiver, before entering upon his or her duties,
shall be sworn or shall affirm faithfully and fairly to discharge
the trust committed to such receiver. The oath or affirmation may
be waived upon consent of all parties.
D.
Undertaking. A temporary receiver shall give an undertaking, in an
amount to be fixed by the court making the appointment, that such
receiver will faithfully discharge his or her duties.
E.
Accounts. A temporary receiver shall keep written accounts itemizing
receipts and expenditures, and describing the property and naming
the depository of receivership funds, which shall be open to inspection
by any person having an apparent interest in the property. Upon motion
of the temporary receiver, or of any person having an apparent interest
in the property, the court may require the keeping of particular records,
or direct or limit inspection, or require presentation of a temporary
receiver's accounts. Notice of motion for the presentation of
a temporary receiver's accounts shall be served upon the sureties
on the temporary receiver's undertaking as well as upon each
party.
A.
Upon the arrest and/or conviction of an individual for any of the
above-enumerated offenses, the Police Department of the Village of
Solvay shall notify the legal owner of record of the arrest and/or
conviction by regular mail to the address on file with the Assessor
of the Town of Geddes.
B.
In the event that the owner of any building, structure, lot, site
and/or separately identifiable portion thereof commences a summary
proceeding pursuant to Real Property Actions and Proceedings Law § 711,
Subdivision 5, to remove a tenant arrested and/or convicted of any
of the above-enumerated offenses, the Village of Solvay shall, if
requested by the owner of record, in writing, provide to the court
having jurisdiction any and all releasable information in its possession
which may support the owner's summary proceeding to evict the
offending tenant.
C.
In the event that the owner of any building, structure, lot, site and/or separately identifiable portion thereof, upon notice from the Village of Solvay of an arrest and/or conviction, commences and concludes a summary proceeding to remove the tenant so arrested and/or convicted, whether the proceeding is successful or not, the arrest and/or conviction shall not be deemed a conviction pursuant to § 120-3 of this article.
A.
It shall be a misdemeanor for any person to use or occupy or to permit
any other person to use or occupy any building, structure, lot, site
and/or separately identifiable portion thereof ordered closed by the
Committee, Village Attorney or a court of competent jurisdiction.
Mutilation or removal of a posted order of the Committee, Village
Attorney or a court of competent jurisdiction while it remains in
effect, 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 exceeding 90 days, or both, provided that such order contains
therein a notice of such penalty. The Solvay Police Department shall,
upon the request of the office of Village Attorney, or upon the direction
of the Mayor, assist in the enforcement of this subsection.
B.
It shall be a misdemeanor for any person to use or occupy or to permit
any other person to use or occupy any building, structure, lot, site
and/or separately identifiable portion thereof to intentionally disobey
any provision of the orders and/or injunctions issued by the Committee,
Village Attorney or a court of competent jurisdiction pursuant to
this article and, 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.
C.
It shall be a violation of this article for any person who receives
notice of commencement of a summary proceeding pursuant to the Real
Property Actions and Proceeding Law issued by an owner of a building,
structure, lot, site or separately identifiable portion thereof in
response to notification from the Village of Solvay of an arrest or
conviction of any of the enumerated offenses herein thereafter intentionally
to cause damage or intentionally allow others to damage any property,
real or personal, of the owner. Such conduct shall be punishable by
a fine of not more than $250 or by imprisonment not exceeding 15 days,
or both.
D.
Violations of this article may also be referred to the Code Enforcement
Office or any other appropriate municipal department and be prosecuted
pursuant to the Code of the Village of Solvay.
A.
The Committee may promulgate rules and regulations to carry out and
give full effect to the provisions of this article.
B.
The Committee shall prepare a quarterly report to be submitted to
the Village Board of Trustees summarizing the actions taken under
this article and indicating the results of such actions.
C.
If any provision of this section or the application thereof to any
person or circumstances is held invalid, the remainder of this section
and the applications of such provisions to other persons and circumstances
shall not be rendered invalid thereby.
This article shall not be construed to exclude any other remedy
provided by law for the protection of the health, safety and welfare
of the people of the Village of Solvay.
This article shall become effective upon filing with the Secretary
of State.
