[HISTORY: Adopted by the City Council of the City of Jamestown 3-25-2024. Amendments noted where applicable.]
A. 
The City Council of the City of Jamestown finds that a small percentage of properties in the City of Jamestown are being used for illegal purposes, or have otherwise not been properly maintained in accordance with the City Code of the City of Jamestown and/or the New York State Uniform Building and Fire Code. Some of these issues, whether caused by landlords, tenants, or a combination of the two, have created issues that impact the health or safety of those living in close proximity to these properties. Where the violations are habitual, these properties interfere with the comfort, health, solitude and quality of life of the individuals residing in the neighborhood; they have created a significant impact upon the living conditions in the City's neighborhoods; and, they have raised justifiable concerns about public safety. Chronic public nuisance activities have been found to contribute to the general decay of affected neighborhoods, which result in a lowering the value of surrounding properties.
B. 
As a result of the activities occurring at these properties, and/or the conditions in which they are maintained, these properties tend to receive and require more than the general acceptable level of police and Code enforcement services. As a result, they place an undue and inappropriate burden on the City of Jamestown taxpayers. The City Council of the City of Jamestown has determined that existing laws do not sufficiently encourage such property owners to take reasonable steps to abate the nuisances that their property is creating, and has determined that enhanced penalties will give such property owners additional incentives to ameliorate said problems, and help to compensate the City for the increase in police and Code enforcement services.
C. 
This chapter is enacted to encourage property owners to recognize their responsibility to ensure that activities occurring on their property conform to the law and do not adversely impact their neighborhoods, unduly burden the City's police and Code enforcement resources and to provide a mechanism for the City to take action against property owners who fail to ensure property they own does not require a disproportionate level of resources to be devoted to such property. This chapter is not intended to discourage crime victims or a person in legitimate need of police services from requesting them. This section does not affect a property owner's duty to comply with all other laws governing residential tenancies which are contained in the New York State Statutes.
For purposes of this chapter, a public nuisance is declared to exist when: A violation of Article 220, 221, 225, 230 or 265 and/or §§ 100.05, 120.00, 120.05, 120.10, 165.40, 165.45, 165.50, 170.65, 170.70, 175.05, 175.10, 240.36, 240.37, 240.45, 240.46, 260.20 and/or 260.21 of the New York Penal Law, § 415-a of the New York Vehicle and Traffic Law, §§ 65, 82 and/or 123 of the New York Alcoholic Beverage Control Law, § 1399-cc of the New York Public Health Law, a trespass violation at a premises duly under a condemnation order issued pursuant to Chapter 215 of the Jamestown City Code that have resulted in three or more arrests under any of the above within a six-month period of time where said arrests have been predicated on events, circumstances or activities occurring on the premises and where said illegal activities at said premises resulting in the arrests have had a negative impact and seriously interfere with the interest of the public in the quality of life, including but not limited to the quality of life of property owners and/or tenants in the vicinity of the subject premises. In multi-unit properties, the finding of a public nuisance shall require three arrests within a six-month period in a single unit. Additionally, any conviction for a New York Penal Law § 240.20 (disorderly conduct) violation predicated on events, circumstances or activities occurring on the subject premises during such six-month period may be considered along with the three or more arrests in the determination of the existence of a public nuisance under this chapter. 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 chapter.
As used in this chapter, the following terms shall have the meanings indicated:
CORPORATION COUNSEL
The corporation counsel of the City of Jamestown.
COUNCIL
The City Council of the City of Jamestown.
DIRECTOR
The Director of Development of the City of Jamestown or their designee.
HEARING OFFICER
That person designated to conduct any hearing required by this chapter.
MAYOR
The Mayor of the City of Jamestown or their designee.
MORTGAGEE
The person who is listed as the holder of an unsatisfied or otherwise open mortgage on the premises that has been duly filed and recorded in the Chautauqua County Clerk's office.
OWNER
The person who holds legal title to the premises by virtue of being the grantee shown on the last known deed for the premises that has been duly filed and recorded in the Chautauqua County Clerk's office.
PREMISES
The building, structure, parking lot, sidewalk, the area between the sidewalk and the curb, or other place or property whereon the public nuisance is being conducted or exists.
PUBLIC NUISANCE
A public nuisance that meets the definition set forth in § 214-2 of this chapter.
In addition to the enforcement procedures established elsewhere in this chapter, after notice and a hearing before the hearing officer, the Mayor or Director shall be authorized:
A. 
To order the discontinuance of any and all activity at the premises where such public nuisance exists that has in any way contributed to the existence of the public nuisance on the premises;
B. 
To order that certain actions be done or undertaken to abate the public nuisance;
C. 
To order the closing of the premises to the extent necessary to abate the public nuisance; and/or
D. 
To order that a civil penalty shall be paid as set forth in this chapter.
A. 
Prior to the issuance of an order by the Mayor or Director, pursuant to this chapter, the Mayor or Director shall give notice of, and a hearing, to the owner of the premises, any commercial tenants on the premises and any person or entity that has been granted a judgment of foreclosure in their favor for the premises wherein the public nuisance is being conducted, maintained, or permitted. Such notice may be given to a mortgagee of the premises, where the Mayor or Director has actual knowledge of the existence of the mortgagee. The notice required by this section shall be entitled "Notice of Public Nuisance and Opportunity to Abate Public Nuisance", and its contents shall comply with the requirements of this section. The notice of public nuisance and opportunity to abate public nuisance shall be served, pursuant to Article 3 of the New York Civil Practice Law and Rules (CPLR), upon the owner of the premises, any commercial tenants on the premises, and any person or entity that has been granted a judgment of foreclosure in their favor for the premises, and upon a mortgagee by means of regular mail and 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 without the necessity of filing proof of service with the clerk of the court. Where service of the notice of public nuisance and opportunity to abate public nuisance pursuant to Article 3 of the CPLR cannot be accomplished due to the inability to locate and serve the owner, any commercial tenants on the premises and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises, the notice of public nuisance and opportunity to abate public nuisance shall be served upon the owner, any commercial tenants on the premises and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises by means of regular mail and certified mail, return receipt requested, sent to the owner's address on file with the City's Department of Finance and sent to the last known address for any commercial tenants on the premises and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises.
B. 
The notice of public nuisance and opportunity to abate public nuisance shall:
(1) 
Specify the arrests for qualifying violations of state law and/or City general ordinances set forth in § 214-2 that have occurred creating the public nuisance, including the date and time when the violation of state law on the premises occurred;
(2) 
Provide 30 days from the date that the owner, any commercial tenants on the premises, and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises have been served with the notice required by this section to abate the public nuisance;
(3) 
Inform the owner, any commercial tenants on the premises and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises what they need to do to abate the public nuisance. The failure to list an action to be done or undertaken in the notice of public nuisance and opportunity to abate public nuisance shall not preclude the Mayor or Director from ordering the owner, any commercial tenants on the premises and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises to take certain actions to abate the public nuisance pursuant to § 214-4;
(4) 
Inform the owner, any commercial tenants on the premises and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises of the date, time and location of the nuisance abatement hearing to be held before the hearing officer; and
(5) 
Inform the owner, any commercial tenants on the premises and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises that a member of the Jamestown Department of Development will be posting a copy of the notice of public nuisance and opportunity to abate public nuisance in a conspicuous place, upon the premises affected, so that all premises occupants and others entering the premises shall have notice that the public nuisance is being conducted, maintained, or permitted on the premises and that upon the expiration of 30 days after service of the notice, a nuisance abatement hearing will be held and after that hearing, the Mayor or Director shall issue an appropriate order to obtain compliance as provided in this chapter, which to the extent necessary to abate the public nuisance, could include, ordering the premises closed for a period of time of up to one year.
The lack of knowledge of; acquiescence or participation in; or responsibility for a public nuisance; or having any interest in the premises or in any property, real or personal, used in conducting or maintaining the public nuisance on the part of the owner, any commercial tenants on the premises, any person or entity that has been granted a judgment of foreclosure in their favor for the premises, and/or mortgagees, shall not be a defense by such owner, commercial tenant on the premises, person or entity that has been granted a judgment of foreclosure in their favor for the premises and/or mortgagee.
A. 
The nuisance abatement hearing shall be held at the location, on the date and time set forth in the notice of public nuisance and opportunity to abate public nuisance. Any requests for adjournment of the nuisance abatement hearing shall be made to the hearing officer and shall be granted only upon good cause being shown.
B. 
The nuisance abatement hearing shall be conducted and overseen by the hearing officer. The corporation counsel or his/her designee shall represent the City at the hearing and introduce evidence in support of the premises being a public nuisance. All testimony at the nuisance abatement hearing shall be given under oath. The owner, any commercial tenants on the premises, any person or entity that has been granted a judgment of foreclosure in their favor for the premises, and/or mortgagees shall be entitled to be represented by counsel, to summon witnesses on their own behalf, and to cross-examine witnesses. Compliance with the technical rules of evidence shall not be required.
C. 
Evidence shall be allowed to be submitted by members of the public as to whether or not the illegal activities at the premises resulting in the arrests have a negative impact and seriously interfere with the interest of the public in the quality of life including, but not limited to, the quality of life of property owners and/or tenants in the vicinity of the subject premises. This evidence can be in the form of sworn testimony given at the nuisance abatement hearing or by the submission of a written neighborhood impact statement.
D. 
The Mayor or Director shall have the authority to issue subpoenas to compel the attendance at nuisance abatement hearings of law enforcement officers, including, but not limited to, police officers and peace officers, who have made the arrests or been involved in the law enforcement investigation that led to the arrests which are the basis for the nuisance abatement hearing. The aforementioned subpoena power does not include non-law enforcement witnesses and/or the production of documents and things.
E. 
The nuisance abatement hearing shall be recorded by a stenographer. Upon receipt of the transcript of the nuisance abatement hearing, the corporation counsel or his/her designee shall have the transcript and all exhibits from the nuisance abatement hearing forwarded to the hearing officer. The hearing officer shall review the transcript and exhibits and render a written recommendation to the Mayor or Director where the following findings must be made: (1) whether a public nuisance exists on the premises; (2) if a public nuisance does exist on the premises, whether the public nuisance has been abated; and (3) if the public nuisance has not been abated, what the remedies to abate the public nuisance should be. The hearing officer's recommendation shall not be binding on the Mayor or Director.
A. 
Within one month of the date of the nuisance abatement hearing, the Mayor or Director shall render and issue an interim order setting forth all actions and/or omissions that have been agreed to at the hearing by the owner of the premises, any commercial tenants on the premises and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises wherein the public nuisance is being conducted, maintained or permitted.
B. 
No interim order shall be rendered and issued by the Mayor or Director where no agreement regarding actions and/or omissions has been made by the owner of the premises, any commercial tenants on the premises and/or any person or entity that has been granted a judgment of foreclosure in their favor for the premises wherein the public nuisance is being conducted, maintained or permitted.
C. 
The interim order shall be issued in accordance with § 214-10C of this chapter.
D. 
The terms of the interim order shall not limit, preclude or prevent the Mayor or Director from exercising any of the powers and authority given to the Mayor or Director by other provisions of this chapter.
If a nuisance proceeding has been initiated against a property where a landlord-tenant relationship exists, the landlord can stay any further proceedings under the nuisance statute by showing that an eviction case has been initiated in a court of competent jurisdiction. The landlord shall be given, upon the issuance of a warrant of eviction, one month from the date of the warrant to begin work to abate the public nuisance present at the property prior to the resumption of the nuisance proceeding.
A. 
After receiving from the hearing officer a transcript of the nuisance abatement hearing, all exhibits submitted at the nuisance abatement hearing and the hearing officer's written recommendation, the Mayor or Director shall conduct a de novo review of the transcript of the nuisance abatement hearing, all exhibits submitted at the nuisance abatement hearing and the hearing officer's written recommendation and determine whether a public nuisance as defined by § 214-2 exists and, if so, whether the public nuisance has been abated. In the event that after reviewing all the evidence from the nuisance abatement hearing, the Mayor or Director shall determine that a public nuisance exists and has not been abated, the Mayor or Director shall render an order authorized by § 214-4 of this chapter.
B. 
The absence of arrests predicated on events, circumstances or activities occurring on the premises in the 30 days after the notice set forth in § 214-5 has been duly served shall not preclude the Mayor or Director from determining that the public nuisance on the premises has not been abated where there is evidence that acts or omissions of the owner, any commercial tenants on the premises, any person or entity that has been granted a judgment of foreclosure in their favor for the premises, and/or mortgagees that led or contributed to the existence of the public nuisance on the premises have not been abated.
C. 
The order shall be issued by the posting of said order on the premises wherein the public nuisance is occurring and the mailing of a copy by first-class mail of said order to the owner, any commercial tenants on the premises, any person or entity that has been granted a judgment of foreclosure in their favor for the premises, and/or any mortgagee, within one business day of the posting of said order on the premises.
A. 
No sooner than five business days after the issuance of an order pursuant to this chapter, and upon the directive of the Mayor or Director, officers of the Jamestown Department of Development are authorized to act upon and enforce such order.
B. 
Where the Mayor or Director closes a premises pursuant to the authority given him or her by this chapter, such closing shall be for such period as the Mayor or Director may direct, but in no event shall the closing be for a period of greater than one year from the date when issuance of the order has been completed.
C. 
Pursuant to the Mayor's or Director's authority granted herein, in rendering and issuing an order under this chapter, the Mayor or Director may order that the owner pay a civil penalty in the amount of $1,000 for the first public nuisance found to exist on a certain premises, $1,500 for the second public nuisance found to exist on a covered premises in the city of Jamestown owned by the same property owner, or $2,000 for the third and all subsequent public nuisances found to exist on a covered premises in the City of Jamestown owned by the same property owner. Where the same person or entity owns multiple premises under the names of corporations, general or limited partnerships or limited-liability companies, this same person or entity, regardless of the name of the actual owner of the premises, shall be treated as if they are the same property owner of the covered premises that has the public nuisance for purposes of determining the proper amount of the civil penalty. If the responsible party pursued in the nuisance proceeding cooperates, within a reasonable period of time, in abating the nuisance, any levied fines shall be waived.
D. 
Upon being requested by the Mayor or Director to collect any unpaid civil penalty that has been ordered paid by the Mayor or Director pursuant to this chapter, the corporation counsel shall maintain a special proceeding in a court of competent jurisdiction to collect the civil penalty and any costs and expenses incurred by the city of Jamestown, in commencing the special proceeding and where applicable, any costs and expenses incurred by the City in closing the premises, and relocating any occupants on the premises. The provisions of Article 4 of the CPLR shall govern any special proceeding brought pursuant to this section.
E. 
The judgment in such proceeding, in favor of the City of Jamestown, shall establish the civil penalty sued for with costs and disbursements as a lien upon the premises, subject only to taxes, assessments, water rates, mortgages and mechanics' liens as they exist thereon.
A. 
The corporation counsel shall have the power, on ex parte application to any court of competent jurisdiction, to appoint a receiver of rents and profits of the premises for the purposes of collecting the civil penalty established pursuant to § 214-11, and abating the public nuisance. The receiver shall have the powers, duties, and rights, of a receiver of rents and profits of real estate, as provided by law; provided, however, that the corporation counsel shall act as counsel to the receiver, and that the receiver shall not be allowed any expenditure for counsel fees, and the receiver's commissions shall be no greater than 10% of the receiver's collections from the premises, which sum shall be full compensation for the receiver's services and those of any agent or agents whom the receiver may retain. The receivership shall continue until the amount of the City of Jamestown's liens, with interest thereon at the current judgment rate and the receiver's commissions, have been fully paid and the public nuisance abated; provided, further, that nothing in this section shall be construed to prevent any prior lienor from applying to a court in a proper case for a receiver of the premises.
B. 
At any time after the entry of any judgment establishing a lien upon the premises, the corporation counsel, on behalf of the City of Jamestown, may apply to a court for leave to sell the premises. Upon such application, the court may order the premises sold at public auction subject to taxes, assessments, water rates, mortgages and mechanics' liens.
A closing directed by the Mayor or Director pursuant to this chapter shall not constitute an act of possession, ownership or control by the City of Jamestown of the closed premises.
A. 
It shall be a misdemeanor for any person to use or occupy, or to permit any other person to use or occupy, the premises, or any portion thereof, ordered closed by the Mayor or Director.
B. 
Mutilation or removal of a posted order of the Mayor or Director shall be punishable by a fine of not more than $500, or by imprisonment not exceeding 15 days, or both, provided such order contains therein a notice of such penalty.
C. 
Intentional disobedience of or resistance to any provision of the order issued by the Mayor or Director 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 six months, or both.
When nuisances are present at multi-unit properties, the City shall only utilize the enforcement mechanisms found herein in relation to the units from which the public nuisances originate, unless it can be clearly shown that the presence of the nuisance has the ability to impact the health or safety of those present in the other units.
Neither the City of Jamestown, nor any officer, agent, or employee of the City of Jamestown, shall be personally liable for any damage resulting from any official determination, order or action required or permitted by or under this chapter.