A.
For purposes of this Article, the following are declared
to be public nuisances:
(1)
Any building, place or property where violations of any of the provisions of Article 220, 221 or 240 of the Penal Law of the State of New York or any of the provisions of Chapters 46, Article I; 77, Article I; 98; 115; 121; 128; and 139 of the Village Code are occurring and where two (2) or more of the following have occurred:
(2)
A violation of either Article 220, 221 or 240 of the Penal Law or of Chapters 46, Article I; 77, Article I; 98; 115; 121; 128; and 139 of the Village Code or any combination thereof which has resulted in a conviction under said provision, within the twelve-month period of time prior to the commencement of a proceeding pursuant to this section.
B.
It shall be prima facie evidence that violations are
occurring where an arrest for a violation of any of the provisions of such
statutes has been made within sixty (60) days prior to the issuance of notice
pursuant to this Article.
For purposes of this chapter, the following definitions shall apply:
The Village Board of Trustees of the Village of Morrisville.
Defined and applied in accordance with the provisions of § 1.20
of the Criminal Procedure Law of the State of New York.
The person who is listed as the mortgagee on any unsatisfied or otherwise
open mortgage recorded in the office of the Madison County Clerk.
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.
The building, place or property whereon the public nuisance is being
conducted or exists.
The Village Attorney of the Village of Morrisville.
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.
Prior to the issuance of orders by the Board and/or enforcement
officer pursuant to this section, the Board shall give notice and opportunity
for a hearing to the owner, lessor, lessee, mortgagee and all the persons
in possession or having charge of as agent or tenant of the premises 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 delivery, mailing or posting without
the necessity of filing proof of service with Clerk of any court before the
hearing.
B.
Such notice shall:
(1)
Specify the activities creating the nuisance.
(2)
Provide thirty (30) days for elimination of the nuisance.
(3)
Inform the person to whom it is directed of his/her right
to apply within ten (10) days for a hearing before the Board.
(4)
Inform the owner/landlord that upon the expiration of
thirty (30) days after service, the Board and/or enforcement officer shall
act to obtain compliance as provided by this chapter.
(5)
Inform the owner/landlord of his/her obligation to post
a copy of the notice within five (5) days, in a conspicuous place so that
all persons entering the premises shall have notice that the public nuisance
is being conducted, maintained or permitted on the premises; and that upon
thirty (30) days after service of the notice, the Board and/or enforcement
officer shall act to obtain compliance as provided, including but not limited
to the closing of the premises.
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.
Five (5) business days after the issuance of an order
pursuant to this Article and upon the directive of the Board and/or the enforcement
officer, the enforcement officer and/or employees or officers of the village
are authorized to act upon and enforce such orders.
B.
Where the Board and/or enforcement officer orders a premises
closed pursuant to this Article, such closing shall be for such a period as
the Board and/or enforcement officer may direct, but in no event shall the
closing be for a period of more than one (1) year from such issuance of the
order pursuant to this Article. If the owner, lessor or lessee shall file
a bond in an amount determined by the Board but which may not exceed the value
of the premises ordered to be closed and submit proof satisfactory to the
Board that the nuisance has been abated and will not be created, maintained
or permitted for such period of time as the premises has been directed to
be closed by the order of the Board and/or enforcement officer, then the Board
and/or enforcement officer may vacate the provisions of the order that direct
the closing of the premises.
C.
Upon receiving a nuisance case from the Board and/or
enforcement officer, the Village Attorney may commence an action or proceeding
in the Village Court to affix a civil penalty in the amount of five hundred
dollars ($500.) and to collect any costs and expenses incurred by the Village
of Morrisville in commencing the proceeding, closing the premises and in relocating
any occupants of 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.
A.
Mutilation or removal of a posted order of the Board
shall be deemed an offense, conviction of which shall be punishable by a fine
not exceeding two hundred fifty dollars ($250.) or imprisonment not exceeding
fifteen (15) days, or by both such fine and imprisonment.
B.
Intentional disobedience or resistance to any provision
of the orders issued by the Board pursuant to this Article, in addition to
any other punishment prescribed by law, shall be deemed an offense punishable
by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment
not exceeding fifteen (15) days, or by both such fine and imprisonment.
