For purposes of this chapter, the following definitions shall apply:
BOARD
The Village Board of Trustees of the Village of Morrisville.
CONVICTION
Defined and applied in accordance with the provisions of § 1.20
of the Criminal Procedure Law of the State of New York.
MORTGAGEE
The person who is listed as the mortgagee on any unsatisfied or otherwise
open mortgage recorded in the office of the Madison County Clerk.
OWNER
The person in whose name the real estate affected by the order is
recorded in as the owner in the office of the Madison County Clerk and/or
upon the real property tax rolls of the Village of Morrisville.
PREMISES
The building, place or property whereon the public nuisance is being
conducted or exists.
In addition to the enforcement procedures established elsewhere, the
Board and/or a duly authorized officer or employee ("enforcement officer")
of the village, after notice and opportunity for a hearing, shall be authorized
to order:
A. The discontinuance of such activity at the premises where
such public nuisance exists; and/or
B. The closing of the premises to the extent necessary to
abate the nuisance.
The lack of knowledge of, acquiescence or participation in or responsibility
for a public nuisance on the part of the owner, lessor, lessee, mortgagee
and all those persons in possession or having charge of as agent or otherwise
or having any interest in the premises or personal property used in conducting
or maintaining the public nuisance shall not be a defense by such owner, lessor,
lessee, mortgagee and such other persons.
The Board and/or enforcement officer shall issue the orders provided
for in this chapter by posting said orders on the premises wherein the public
nuisance is occurring in violation of law and by mailing a copy of said orders
to the owner, lessor, lessee, mortgagee and/or those persons in possession
or having charge of as agent or otherwise within one (1) business day of the
posting of said order on the premises.
A closing directed by the Board pursuant to this chapter shall not constitute
an act of possession, ownership or control by the village of closed premises.