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:
BUILDING
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.
BUILDING, ACCESSORY
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.
BUSINESS
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold, or services offered.
BUSINESS OFFICE
A building or portion thereof utilized to accommodate the
activities of a business.
CONVICTION
A.
A conviction for an offense in a court of competent jurisdiction
or an administrative bureau shall not be required to prove a violation
under this chapter. Instead, the City 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.
B.
Notwithstanding the provisions of Subsection
A above, 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 City 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.
DISTURBANCE
Actions, behavior, or conduct by person or persons at a particular
location that disturbs the peace.
KNOWLEDGE OF PUBLIC NUISANCE
Notice by mail or personal service of activities detailing
a public nuisance to the property owner of record shall be evidence
of knowledge of the public nuisance. Additionally, any specific presumption
of knowledge established by the Penal Law shall be applicable to this
chapter provided that the type of offense to which the statutory presumption
applies constitutes a points-bearing violation under this chapter.
LOT
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.
PREMISES
The building, place or real property whereon the public nuisance
is being conducted or exists.
PUBLIC NUISANCE
A.
For the purposes of Article
II of this chapter, a public nuisance shall be deemed to exist whenever, through violations of any of the laws or regulations or commission of any of the offenses listed in Subsection
C below, the building, property or place in issue, or immediately adjacent to the building, property or place in issue accumulates 12 or more points within a period of six months or 18 or more points within a period of 12 months in accordance with the point system described in the said Subsection
C. 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. All references to statutes and codes in Subsection
C below shall mean the statute or code provision in effect at the time this chapter is adopted and as may be amended from time-to-time.
B.
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.
C.
Violations are assigned point values as follows:
(1)
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of two points:
(a)
Sections 240.36 of the Penal Law - Loitering in the First Degree.
(b)
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting or lewdness.
(c)
Chapter
428 of the Code of the City of Fulton - Noise.
(d)
Article
II of Chapter
456 of the City of Fulton - Loitering.
(e)
Article
I of Chapter
216 of the Code of the City of Fulton regarding the licensing and regulation of dogs and other domestic animals.
(2)
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of four
points:
(a)
Disorderly conduct by an individual or individuals.
(b)
Chapter
475 of the Code of the City of Fulton - Property Conservation, or the New York State Property Maintenance Code. Each repeat offense constitutes an additional violation and warrants the assessment of an additional four points.
(c)
Chapter
601 of the Code of the City of Fulton - Vehicles, Abandoned. Each repeat offense constitutes an additional violation and warrants the assessment of an additional four points.
(d)
Article 225 of the Penal Law - Gambling Offenses.
(e)
The Alcoholic Beverage Control Law.
(f)
Chapter
210 of the Code of the City of Fulton - Alcoholic Beverages.
(g)
Section 415-a of the Vehicle and Traffic Law - Vehicle Dismantlers.
(h)
Sections 170.65 and 170.70 of the Penal Law - Forgery/Illegal
Possession of a Vehicle Identification Number.
(i)
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.
(j)
Article 222 of the Penal Law - Cannabis.
(k)
The Agriculture and Markets Law.
(l)
Article
II of Chapter
216 of the Code of the City of Fulton regarding dangerous or nuisance animals.
(3)
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of six points:
(a)
Article 178 of the Penal Law - Criminal Diversion of Prescription
Medications and Prescriptions.
(b)
Article 220 of the Penal Law - Controlled Substances Offenses.
(c)
Sections 165.15, (6), (7), and (8), 165.40, 165.45, 165.50,
165.52, 165.54, 165.71, 165.72 and 165.73 of the Penal Law - various
theft-related offenses.
(d)
Article 158 of the Penal Law - Welfare Fraud.
(e)
Section 147 of the Social Services Law - Misuse of Food Stamps.
(f)
Section 2024 of Title 7 of the United States Code - Illegal
Use of SNAP benefits.
(g)
Allowing persons in/on the building, property or place in issue
in excess of occupancy limits established by the New York State Uniform
Building and Fire Prevention Code.
(h)
Section 3383 of the Public Health Law - Imitation Controlled
Substances.
(i)
All violations of Chapter
640 of the Code of the City of Fulton - Zoning, unless otherwise specified elsewhere in this Subsection
C.
(j)
Chapter
197 of the Code of the City of Fulton - Adult Entertainment Businesses.
(4)
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of 10 points:
(a)
Article 230 of the Penal Law - Prostitution Offenses.
(b)
Article 235 of the Penal Law - Obscenity and Related Offenses.
(c)
Article 265 of the Penal Law - Firearms and other Dangerous
Weapons.
(d)
Sections 260.20 and 260.21 of the Penal Law - Unlawfully Dealing
with a Child.
(e)
Article 263 of the Penal Law - Sexual Performance by a Child.
(f)
Loitering for the purpose of engaging in a prostitution offense.
(5)
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of 12 points:
Penal Law violations considered to be more serious than those enumerated in Subsection C(4), including but not limited to murder, attempted murder, felony assault, felony attempted assault, felony arson, felony attempted arson, felony sex offenses, felony attempted sex offenses and felony crimes related to the unlawful manufacture of methamphetamine.
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TESTIMONY
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
VIOLATION
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.
YARD
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
640, Zoning, of the Code of the City of Fulton.
This article shall be applicable to all public nuisances as determined in accordance with the definitions contained in Article
I of this chapter.
This chapter 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 City of Fulton.