[HISTORY: Adopted by the City Council of the City of Corning 12-6-1993.
Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 72.
Littering — See Ch. 126.
This chapter of the Code of the City of Corning, New York, shall be
known as the "Nuisance Ordinance of 1993."
A.
The City Council of the City of Corning finds that there
exist within the geographical limits of the City of Corning numerous buildings,
structures and property conditions which, by virtue of the nonconformity thereof
to the requirements of the laws of the State of New York and the City of Corning
relating to maintenance, public health and safety standards, or by virtue
of other pronounced deficiencies in maintenance, constitute a general threat
to the public health, safety and welfare. In addition, the City Council finds
that the aforesaid buildings, structures and property conditions in certain
cases concurrently constitute a special threat or source of actual or potential
injury to the owners and occupants of adjoining or neighboring premises which,
by reason of their proximity to the nonconforming or deficiently maintained
premises, are adversely affected by said conditions in ways not generally
burdening the population of the city at large. Lastly, the City Council of
the City of Corning finds that existing definitions of nuisance conditions
and remedies against the same are inadequate for the protection of the public
health, safety and welfare and to the prevention and abatement of blight conditions
within the city.
B.
In consequence of these findings, it is the intent of
this chapter to improve the definition and the legal certainty of the definition
of property conditions within the geographical limits of the City of Corning
which, in addition to all other conditions not herein specifically defined,
shall be deemed to constitute a public and/or private nuisance. Moreover,
it is the intent of this chapter to specifically define the characteristics
of a person or class of persons who may be aggrieved by a private nuisance
in the nature of deficient property maintenance and to supplement the legal
remedies available to such claimants under the common law and statutes of
the State of New York in such cases made and provided. Lastly, it is the intent
of this chapter to improve the legislative program of the City of Corning
for the prevention of blight, for the protection of real property values and
thus the basis of real property taxation revenue realizable by the City of
Corning, and for the promotion of public safety and general welfare within
the city.
This chapter is made and enacted pursuant to the legislative authority
vested in the City Council of the City of Corning by the provisions of General
City Law § 20, Municipal Home Rule Law § 10, and the City
Charter of the City of Corning, as amended.
The terms below defined shall be construed herein in accordance with
the definitions respectively hereinbelow set forth:
A neighborhood is any geographical area within the corporate limits
of the City of Corning the comprehension of which extends a distance of 1,000
feet radially in all directions from any point on a property where there exists
a nuisance condition. Said radial distance is intended to reflect an approximate
average distance of two typical blocks in the City of Corning. It is the legislative
determination of the City of Corning that any real properties situate within
a neighborhood as thus defined would probably be materially impacted by a
nuisance.
In addition to all other conditions which may constitute a nuisance
under the common, general or special laws of the State of New York or the
United States, the existence of any parcel of real property located wholly
or partly within the corporate limits of the City of Corning on, upon or under
which there exists a nuisance condition is a nuisance.
A nuisance condition is any state of being of a parcel of real property
which is:
Not in substantial compliance with any provision of any of the following
laws or regulations, or amendments thereto hereafter from time to time enacted,
pertaining to public health, safety or welfare as relates to the condition
and/or maintenance of real property or improvements thereto, which state causes
or presents a material risk of discomfort, injury, annoyance, inconvenience
or damage to the general public or any private claimant:
Maintained in a state of disrepair or disorder as to general maintenance
and repair, exterior maintenance or grounds or yard maintenance, which so
significantly deviates from prevailing standards of property maintenance common
to the neighborhood surrounding the property that it causes or presents a
material risk of discomfort, injury, annoyance, inconvenience or damage to
the general public or any private claimant having a standing interest in any
real property situate within the same neighborhood.
A nuisance condition shall not be deemed to include de minimis violations
of one or more of the provisions of said laws or regulations. As used herein,
the term "damage" shall be deemed to include substantial suppression or diminution
of the fair market value of any real property in which a private claimant
has a standing interest which exists or occurs in consequence or because of
the nuisance condition.
A private claimant is any person who owns, leases, occupies or has
a validly recorded security interest in any parcel of real property which
is caused damage by a nuisance condition, or is otherwise specially and adversely
affected by a nuisance condition in any substantial manner or degree not adversely
affecting the public at large.
The City of Corning or any private claimant which or who, in any
action or special proceeding, at law or in equity, commenced and maintained
in any court, tribunal or administrative agency having adjudicatory jurisdiction
over said claim, succeeds therein in securing any other form of relief on
account of the nuisance against any party liable therefor. Any such action
or proceeding shall be referred to herein as a "nuisance abatement claim."
The phrase "any other form of relief" as used hereinabove shall be deemed
to include an interlocutory or final adjudication of the existence of a nuisance,
preliminary or final injunctive relief in abatement thereof, money damages
(whether nominal, compensatory or exemplary) awarded on account of the nuisance
or other form of legal or equitable remedy.
In addition to all rights and remedies otherwise available for a nuisance
abatement claim, the recovery of damages on account thereof and otherwise
provided by the laws, statutes and regulations of the State of New York, including
the provisions of Article 8 of the Real Property Actions and Proceedings Law,
any substantially successful claimant within the meaning of this chapter shall
also be entitled to supplemental remedies as hereinafter set forth.
A.
Attorneys' fees. Money damages on account of attorneys'
fees in any amount determined to have been reasonably incurred by a substantially
successful claimant in the institution or maintenance of a nuisance abatement
claim shall be awarded as a supplemental remedy.
[Amended 9-6-1994]
B.
Exemplary damages. Exemplary or punitive damages may
be awarded to any substantially successful claimant as a supplemental remedy
in a nuisance abatement claim against any party determined to be liable therefor,
where the finder of fact determines that the nuisance was created or permitted
to exist intentionally, willfully or with conscious disregard on the part
of the liable party for the rights of the successful claimant to not be subjected
to the nuisance.
C.
Proof of general damages. Any private successful claimant
shall be entitled to an award of compensatory damages in an amount not less
than the amount by which the fair market value of that claimant's affected
real property interest has been suppressed or diminished by the nuisance at
the time of commencement of the nuisance abatement claim or the determination
thereof, whichever shall be greater, plus interest.
D.
Expert witness fees. Money damages on account of fees
for real estate appraisers, professional engineers or other expert witnesses
determined to have been reasonably incurred by a successful claimant in the
institution, maintenance or proof of a nuisance abatement claim shall be awarded
as a supplemental remedy.
[Amended 9-6-1994]
As defined in the definition of "nuisance condition" in § 140-4 hereinabove, damage shall be presumed to exist in any case where a claimant demonstrates suppression or diminution of the fair market value of any real property or properties located within any market materially affected by the nuisance, which exists or occurs in consequence or because of the nuisance condition, and such suppression or diminution equals or exceeds 10% of the fair market value of the adversely affected property.
This chapter shall be construed to the greatest practical extent as
neither contravening nor superseding any provision of the Constitution or
any general law of the State of New York. In the event that this chapter shall
be finally adjudicated and determined by a court of competent jurisdiction
to be invalid in part, such determination shall not affect the validity and
enforceability of any other parts of this chapter not directly affected by
said determination.
