For purposes of this article, the following
are declared to be public nuisances:
A. Any room, building, structure, inhabitable structure
or portion thereof which is used for the illegal use, possession or
selling of controlled substances and/or illegal firearms as enumerated
in the Penal Law of the State of New York and the Laws of the United
States of America.
B. For purposes of this chapter, inhabitable structures defined in accordance with the provisions of §
167-6 of the Code of the City of Schenectady.
C. For purposes of this chapter, illegal use, possession
or selling of controlled substances or marijuana and/or illegal firearms
shall be defined as any use, possession or selling of controlled substances
or marijuana and/or illegal firearms which is unlawful under federal
or New York State laws.
[Amended 12-1-1997 by Ord. No. 97-31]
In addition to the enforcement procedures established
elsewhere in the Code of the City of Schenectady, the Mayor or his
designee, after notice and hearing, as hereinafter required, shall
be authorized to:
A. Order the discontinuance of such activity at the room,
building, structure, inhabitable structure, or any portion thereof,
where such public nuisance exists; and/or
B. Order the closing of said room, building, structure,
inhabitable structure, or portion thereof, to the extent necessary
to abate the nuisance, as prescribed hereafter.
In the event that the owner(s) do not promptly
reimburse the City for necessary steps taken, the Department of Neighborhood
Revitalization shall certify and report the charges to the Department
of Finance. Costs incurred under this article shall be paid out of
the municipal treasury upon certification of the Department of Neighborhood
Revitalization. Any person issued a notice pursuant to any provision
of this chapter shall be subject to an administrative fee of $50.
Such costs, together with said fifty-dollar administrative fee, shall
be charged against the land on which the building existed as a municipal
lien or cause such cost and/or administrative fee to be added to the
tax rolls as an assessment or to be levied as a special tax against
the land upon which the building stands or did stand or to be recovered
in a suit at law against the owner.
The Commissioner of Neighborhood Revitalization
may promulgate rules and regulations to carry out and give effect
to the provisions of this chapter, as needed, and it shall be a general
violation of the City Code for any person to violate any rule or regulation
promulgated hereunder.
It shall be a violation of this article for
any person to use or occupy or to permit any other person to use or
occupy any room, building, structure, inhabitable structure, or portion
thereof, ordered closed by the Mayor, or his designee, pursuant to
this chapter. Mutilation or removal of a posted order of the Mayor
or his designee shall also be a violation of this article. Any violation
of this article shall be punishable by a fine of not more than $500
or by imprisonment not exceeding 90 days, or by both such fine and
imprisonment. Violation of a rule or regulation only, promulgated
by the Commissioner of Neighborhood Revitalization, shall be a general
violation of the City Code.