Crime Property

[HISTORY: Adopted by the Union Town Board as indicated in part histories. Amendments noted where applicable.]

§ 23A-1. Legislative declaration.

§ 23A-2. Title.

§ 23A-3. Definitions.

ADVERSE IMPACT -- Includes, but is not limited to, the following: any search warrants served on the property where controlled substances and/or weapons were seized; investigative purchases of controlled substances on or near the property by law enforcement agencies or their agents; arrests for violations of controlled substance law and or possession of weapons loitering for the purposes of engaging in illegal activity; an increase in the volume of traffic associated with property; complaints made to law enforcement officials of illegal activity associated with the property; finding of illegal weapons, as defined in § 265.00 of the Penal Law, or controlled substances, as defined in Article 220 and 221 of the Penal Law, on or near property by law enforcement officials and their agents.

BUILDING -- A structure where space is covered or enclosed for the use, shelter storage or protection of persons, animals, chattel or property of any kind, and which is permanently affixed to the land.

BUILDING ACCESSORY -- A building subordinate to the principal building on the lot and used for purposes which are clearly related but incidental to that of said principal building.

BUILDING OFFICE -- A building or portion thereof utilized to accommodate the activities of a business.

BUSINESS -- An activity, occupation, employment or enterprise which requires time, attention, labor and material and wherein merchandise is exhibited or sold or services offered.

CONVICTION -- The entry of a plea of guilty to or a verdict of guilty upon an accusatory instrument or to one or more counts of such instrument.

KNOWLEDGE OF PUBLIC NUISANCE -- The presumption of knowledge by Subdivision 1 of § 235.10 of the Penal Law shall be applicable to this Part 1. Notice, by mail or personal service, of activities entailing a public nuisance to the property owner of record shall be evidence of knowledge of the public nuisance.

LOT -- A parcel of land with or without buildings or structures, delineated by lot line and having access to a street as defined in this Part 1.

PENAL LAW -- New York State Penal Law.

PUBLIC NUISANCE -- Include but is not limited to:

A. Any building, building accessory, business office, lot or yard used for the purpose of illegal drug use, possession, distribution and/or loitering for the purpose of unlawfully using or possessing controlled substances as defined in Articles 220 and 221 and § 240.36 of the Penal Law.

B. Any building, building accessory, business office lot or yard used for the purpose of prostitution as defined in § 230.00 of the Penal Law and loitering for the purposes set forth in § 240.37 of the Penal Law.

C. Any building, building accessory, business office, lot or yard used for the purpose of loitering as defined in § 240.35 of the Penal Law.

D. Any building, building accessory, business office, lot or yard used for the purposes of obscene performances and/or promotion of obscene material as defined in Article 235 of the Penal Law.

E. Any building, building accessory, business office, lot or yard used for the purposes of a business, activity or enterprise which is not licensed as required by federal, state or local law and/or ordinance.

F. Any building, building accessory, business office, lot or yard used for the purpose of unlawful activities described in § 123 of the Alcoholic Beverage Control Law (unlawful sale, manufacture or consumption).

G. Any building, building accessory, business office, lot or yard used for the purpose of gambling activities described in Article 225 of the Penal Law.

H. Any building, building accessory, business office, lot or yard wherein there exists or is occurring a violation of Chapter 42, Zoning.

I. Any building, building accessory, business office, lot or yard wherein there is or has occurred a criminal nuisance as defined in §§ 240.45 and 240.46 of the Penal Law.

J. Any building, building accessory, business office, lot or yard wherein there is or has occurred a violation of the provisions of §§ 165.40, 164.45, 165.50 (criminal possession of stolen property), 170.65 (forgery of vehicle identification number), 170.70 (illegal possession of vehicle identification number) 175.10 (falsifying business receipts) of the Penal Law, and of § 415-a (vehicle dismantlers) of the Vehicle and Traffic Law.

K. Any building, building accessory, business office lot or yard used for the purpose of, or to aid in, the commission of a violation of Article 265 of the Penal Law (firearms and dangerous weapons).

L. Any building, structure or place which is in violation of Chapter 42, Zoning, and Subchapter C (Fire Prevention Code) and Subchapter F (Housing Maintenance Code) of the New York State Uniform Fire Prevention and Building Code.

M. Any building, structure or place, wherein there is occurring a violation of Article III of Chapter 7 of the Code of the Town of Union (Unsafe Buildings) or failure to comply with an order issued pursuant to that section.

N. Any building, building accessory, business office, lot or yard used for the purpose of animal fighting as defined in § 351 of the Agriculture and Markets Law of the State of New York.

TESTIMONY -- Oral, written or other documented evidence tending to show or prove the truth of the matter asserted.

VIOLATION -- Conduct, or evidence of conduct, prohibited under this Part 1. A violation does not require criminal prosecution and conviction but only a preponderance of evidence that the prohibited conduct is occurring or has occurred. Evidence of prohibited conduct may include, but is not limited to, police reports, investigative reports, execution of search warrants, results of police surveillance, arrest and/or conviction of local and state and federal laws, activities associated with trafficking of controlled substances on or near the property and/or increased volume of traffic associated with the property.

YARD -- An open area on a lot which is open to the sky that is unoccupied by a land use or activity except as may otherwise be provided in Chapter 42, Zoning.

§ 23A-4. Evidence and presumptions.

1. Evidence. In any action under this section, evidence of the common fame and general reputation of the building, structure or place, of the inhabitants or occupants thereof, or of those resorting thereto, shall be competent evidence to prove the existence of a property or building nuisance.

2. Scienter. If evidence of the general reputation of the building, structure or place, or of the inhabitants or occupants thereof, is sufficient to establish the existence of the nuisance, it shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance, on the part of the owners, lessors, lessees and all those in possession of or having charge of, as agent or otherwise, or having any interest in any form in the property, real or personal, used in conducting or maintaining the property or building nuisance.
3. Presumptions.

(1) Any building, building accessory, business office, lot or yard wherein within the period of one year prior to the commencement of an action under this Part 1, there have occurred two or more convictions, as defined in § 23A-3, on the part of the lessees, owners, operators or occupants, of the provisions of this Part 1, as defined in § 23A-3 of this article, shall be prima facie evidence that a public nuisance exists at said location.

(2) Any building, building accessory, business office, lot or yard wherein within the one-year period prior to the commencement of an action under this Part 1, there have occurred four or more violations on the part of the lessees, owners, operators or occupants, of the provisions of this Part 1, as defined in § 23A-3 of this article, shall be prima facie evidence that a public nuisance exists at said location.

(3) Any building, building accessory, business office, lot or yard wherein within the period of one year prior to the commencement of an action under this Part 1, there has been presented a preponderance of evidence of repeated criminal activity which has an adverse impact, as defined in § 23A-3 of this article, on such property or neighborhood shall be prima facie evidence that a public nuisance exists at said location.

ARTICLE II
Remedies for Property and Building Nuisance

§ 23A-5. Remedies.

1. The Town Attorney shall bring and maintain a civil proceeding in the name of the town for the following types of relief:

   (1) Permanent injunction.

   (2) Temporary closing order.

   (3) Temporary restraining order.

   (4) Temporary injunction.

   (5) Civil penalties.

2. The summons. The Town Attorney shall name as defendants the building, describing it by Tax Map number and/or street address, and at least one of the owners of some part of or interest in the property.
3. The complaint.

(1) The Town Attorney shall bring and maintain a civil proceeding in the name of the Town of Union in the Supreme Court of Broome County, or any other court of competent jurisdiction, to permanently enjoin the public nuisance and the persons conducting, maintaining or permitting the public nuisance, as defined in § 23A-3 of this Part 1, from further conducting, maintaining or permitting the public nuisance in the manner provided in this article. The owner, operator and/or lessee of a building, structure or place wherein the public nuisance is being conducted, maintained or permitted may be made defendants in the action

(2) The venue of such action shall be in the county where the public nuisance is being conducted, maintained or permitted.

(3) The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this Part 1.

(4) The civil action shall be commenced by the filing of a summons and complaint alleging the facts constituting the nuisance.

(5) The complaint shall name as defendants the building, structure or place wherein the nuisance is being conducted, maintained or permitted, by describing it by tax map number or street address, and at least one of the owners who possess some part or an interest in the property.

(6) Any complaint filed under this Part 1 shall be verified or accompanied by affidavit(s) for purposes of showing that the owner or his/her agent has notice of the nuisance and has had an opportunity to abate the nuisance.

(7) The complaint or affidavit shall contain a description of the attempts by the applicant to notify and locate the owner of the property and/or the owner's agent.

(8) The complaint or affidavit shall describe the adverse impact associated with the property on the surrounding neighborhood.

4. In rem jurisdiction over building, structure or place. In rem jurisdiction shall be complete over the building, structure or place wherein the public nuisance is being conducted, maintained or permitted by affixing the summons to the door of the building, structure or place and by mailing the summons by certified or registered mail, return receipt requested, to one of the owners who possesses some part of or an interest in the property. Proof of service shall be filled within two days thereafter with the clerk of the court designated in the summons. Service shall be complete upon such filing.
5. Service of summons on other defendants. Defendant(s) other than the building, structure or place wherein the public nuisance is being conducted, maintained or permitted shall be served with the summons as provided in the Civil Practice Law and Rules.
6. Notice of pendency. With respect to any action commenced or to be commenced pursuant to this Part 1, the Town Attorney may file a notice of pendency pursuant to the provisions of Article 65 of the Civil Practice Law and Rules.
7. Presumption of ownership. The owner of the real estate affected by the action shall be presumed to be the person in whose name the real estate is recorded in the office of the Town of Union Assessor and/or the office of the Clerk of the County of Broome.
8. Presumption of employment or agency. Whenever there is testimony that a person was the manager, operator, supervisor or in any other way in charge of the premises at the time a public nuisance was being conducted, maintained or permitted, such evidence shall be presumptive that he or she was an agent or employee of the owner or lessee of the building, structure or place considered to be a nuisance.
9. Penalty. If, upon the trial of an action under this Part 1, or upon a motion for summary judgment in an action under this Part 1 or upon a motion for summary judgment in an action under this Part 1, a finding is made that the defendant has conducted, maintained or permitted a nuisance defined in this Part 1, a penalty may be awarded in an amount not to exceed $1,000 for each day it is found that the defendant conducted, maintained or permitted the public nuisance after notice to abate was given by the town. Upon recovery such penalty shall be paid into the general fund of the Town of Union.
10. Enforcement. A judgment pursuant to this Part 1 shall be enforced by the Broome County Sheriff's Department or any other law enforcement officer or agency with jurisdiction and the office of the Town Attorney.

§ 23A-6. Judgment awarding permanent injunction.

1. A judgment awarding a permanent injunction, pursuant to this Part 1, may direct the Sheriff to seize and remove from the building, structure or place and all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance and shall direct the sale by the Sheriff or such property in the manner provided for the sale of personal property under execution pursuant to the provisions of the Civil Practice Law and Rules. The net proceeds of any such sale, after deduction of the lawful expenses involved, shall be paid into the general fund of the town.

2. A judgment awarding a permanent injunction pursuant to this Part 1 may authorize agents of the town to forthwith remove and correct construction and structural alterations in violation of the applicable building and other codes. Any and all costs associated with these repairs or alterations shall become a lien against said property and shall have priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens and any nuisance abatement lien.
3. A judgment awarding a permanent injunction, pursuant to this Part 1, may direct the closing of the building, structure or place by the Sheriff, to the extent necessary to abate the nuisance, and shall direct the Sheriff to post a copy of the judgment and a printed notice of such closing conforming to the requirements of § 23A-11. Mutilation or removal of such a posted judgment or notice, while it remains in force, in addition to any other punishment prescribed by law, shall be punishable on conviction by a fine of not more than $500 or by imprisonment not exceeding 15 days, or by both, provided that such judgment contains therein a notice of such penalty.
4. The closing directed by the judgment shall be for such period as the court may direct, but in no event shall the closing be for a period of more than one year from the posting of the judgment provided for this section. If the owner shall file a bond in the value of the property ordered to be closed and submits proof to the court that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, structure or place has been directed to be closed in the judgment, the court may vacate the provisions of the judgment that direct the closing of the building, structure or place.
5. A closing by the Sheriff pursuant to this section shall not constitute an act of possession, ownership or control by the Sheriff of the closed premises.
6. Intentional disobedience or resistance to any provision of a judgment awarding a permanent injunction pursuant to this Part 1, 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 by both.
7. Upon the request of the Town Attorney or the Supervisor, the Broome County Sheriff's Department or any other law enforcement officer or agency with jurisdiction shall assist in the enforcement of a judgment awarding a permanent injunction entered in an action brought pursuant to this Part 1.
8. A judgment rendered awarding a permanent injunction pursuant to this Part 1 shall be and become a lien upon the building, structure or place named in the complaint in such action, such lien to date from the time of filing a notice of liens pending in the office of the clerk of the county wherein the building, structure or place is located. Every such nuisance abatement lien shall have priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens.
9. A judgment awarding a permanent injunction pursuant to this chapter shall provide, in addition to the costs and disbursements allowed by the Civil Practice Law and Rules, upon satisfactory proof, by affidavit or such other evidence as may be submitted, of the actual costs, expenses and disbursements of the town in investigating, bringing and maintaining the action.

§ 23A-7. Preliminary injunction.

1. Generally.

   (1) Pending an action for a permanent injunction as provided for in this article, the court may grant a preliminary injunction enjoining a public nuisance within the scope of this Part 1 and the person or persons conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the public nuisance. An order granting the preliminary injunction shall direct a trial of the issues at the earliest possible time. Where preliminary injunction has been granted, the court shall render a decision with respect to a permanent injunction at its earliest convenience after the conclusion of the trial. A temporary closing order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a nuisance within the scope of this Part 1 is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires the granting of a temporary closing order. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a nuisance within the scope of this Part 1 is being conducted, maintained or permitted.

   (2) Enforcement of preliminary injunction. A preliminary injunction shall be enforced by the Town Attorney and the Broome County Sheriff's Department or any other law enforcement officer or agency with jurisdiction.

   (3) Preliminary injunctions; inventory; closing of premises; posting of order and notices; offenses. If the court grants a preliminary injunction, the provisions of this article shall be applicable.

2. Motion papers for preliminary injunction. The Town Attorney shall show, by affidavit and such other evidence as may be submitted, that there is a cause of action for a permanent injunction abating a nuisance within the scope of this Part 1.
3. Temporary closing order.

(1) If, on a motion for a preliminary injunction pursuant to this section, the Town Attorney shall show, by clear and convincing evidence, that a nuisance within the scope of this Part 1 is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires a temporary closing order, a temporary order closing such part of the building, structure or place wherein the nuisance is being conducted, maintained or permitted may be granted without notice, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary closing order, the court shall direct the holding of a hearing for a preliminary injunction shall be rendered by the court at the earliest possible time.

(2) Service of temporary closing order. Unless the court orders otherwise, a temporary closing order, together with the papers upon which it was based and a notice of hearing for the preliminary injunction, shall be personally served in the same manner as a summons as provided in the Civil Practice Law and Rules.

4. Temporary restraining order.

(1) A temporary restraining order may be granted pending a hearing for preliminary injunction where it appears by clear and convincing evidence that a public nuisance within the scope of this Part 1 is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires the granting of a temporary restraining order. This order shall restrain the defendants and all persons from removing or transferring off the property or in any manner interfering with the fixtures and movable property used in conducting, maintaining or permitting the public nuisance and from further conducting, maintaining or permitting the public nuisance. Upon granting a temporary restraining order, the court shall direct the holding of a hearing for the preliminary injunction.

(2) Service of temporary restraining order. Unless the court orders otherwise, a temporary restraining order and the papers upon which it was based and a notice of hearing for the preliminary injunction shall be personally served in the same manner as a summons as provided in the Civil Practice Law and Rules.

5. Temporary closing order; temporary restraining order.

(1) If on motion for a preliminary injunction, the Town Attorney submits evidence warranting both a temporary closing order and a temporary restraining order, the court shall grant both orders.

(2) Enforcement of temporary closing orders and temporary restraining orders. Temporary closing orders and temporary restraining orders shall be enforced by the Town Attorney and the Broome County Sheriff's Department or other law enforcement officer or agency with jurisdiction.

6. Inventory upon service of temporary closing orders and temporary restraining orders. The officers serving a temporary restraining order shall forthwith make and return to the court an inventory of personal property situated in and used in conducting, maintaining or permitting a public nuisance within the scope of this Part 1 and shall enter upon the building, structure or place for such purpose. Such inventory shall be taken in any manner which is deemed likely to evidence a true and accurate representation of the personal property subject to such inventory, including, but not limited to, photographing such personal property.
7. Closing of premises pursuant to temporary closing orders and temporary restraining orders. The officers serving a temporary restraining order shall, upon service of the order, command all persons present in the building, structure or place to vacate the premises forthwith. Upon the building, structure or place being vacated, the premises shall be securely locked and all keys delivered to the officers serving the order, who thereafter shall deliver the keys to the fee owner, lessor or lessee of the building, structure or place involved. If the fee owner, lessor or lessee is not at the building, structure or place when the order is being executed, the officers shall securely padlock the premises and retain the keys until the fee owner, lessor or lessee of the building is ascertained, at which time the officers shall deliver the keys to such owner, lessor or lessee, if such individual resides within Broome County.
8. Posting of temporary closing orders and temporary restraining orders. Upon service of a temporary restraining order, the officer shall post a copy thereof in a conspicuous place or upon one or more of the principal doors at entrances of such premises where the public nuisance is being conducted, maintained or permitted. In addition, where a temporary restraining order has been granted, the officers shall affix, in a conspicuous place or upon one or more of the principal doors at entrances of such premises, a printed notice that shall state that certain described activity is prohibited by court order and that removal of property is prohibited by court order. If the temporary restraining order directs that the premises are to be closed by court order, the notice shall contain the legend "Closed by Court Order" in block lettering of sufficient size to be observed by anyone intending or likely to enter the premises, the date of the order, the court from which issued and the name of the office or agency posting the notice. Mutilation or removal of such a posted order or such a posted notice, while it remains in force, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than $1,000 or by imprisonment not exceeding 90 days, or by both, provided that such order or notice contains therein a notice of such penalty. The Broome County Sheriff's Department or other law enforcement officer or agency with jurisdiction shall, upon the request of the Town Attorney, or upon the direction of the Supervisor, assist in the enforcement of this subsection.
9. Intentional disobedience of or resistance to temporary restraining order and permanent injunction. Intentional disobedience of, or resistance to, a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable on conviction by a fine of not more than $1,000 or by imprisonment not exceeding six months, or by both.
10. Temporary restraining order or preliminary injunction bond required. A temporary restraining order or preliminary injunction shall not issue under this Part 1, except upon the giving of a bond or security by the applicant, in the amount of $1,000, for the payment of such costs and damages as may be incurred or suffered by any party who is found to be wrongfully restrained or enjoined. A bond or security shall not be required of the State of New York, municipal corporations or political subdivisions of the State of New York.

§ 23A-8. Temporary restraining order; defendant's remedies.

1. A temporary restraining order shall be vacated upon notice to the Town Attorney, if the defendant shows by affidavit and such other proof as may be submitted that the public nuisance within the scope of this Part 1 has been abated. An order vacating a temporary closing order or a temporary restraining order shall include a provision authorizing agencies of the town to inspect the building, structure or place, which is the subject of an action pursuant to this Part 1, periodically without notice, during the pendency of the action, for the purpose of ascertaining whether or not the public nuisance has been resumed. Intentional disobedience of, or resistance to, an inspection provision of an order vacating a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than $1,000 or by imprisonment not exceeding six months, or by both. The Broome County Sheriff's Department or other law enforcement officer or agency with jurisdiction shall, upon the request of the Town Attorney, or upon the direction of the Supervisor, assist in the enforcement of an inspection provision of an order vacating a temporary restraining order.

2. A temporary restraining order may be vacated by the court, upon notice to the Town Attorney, when the defendant gives an undertaking and the court is satisfied that the public health, safety or welfare will be protected adequately during the pendency of the action. The undertaking shall be in an amount equal to the assessed valuation of the building, structure or place where the public nuisance is being conducted, maintained or permitted or in such other amount as may be fixed by the court. The defendant shall pay to the town, in the event that a judgment of permanent injunction is obtained, its actual costs, expenses and disbursements in investigating, bringing and maintaining the action.
3. Vacating a temporary injunction or a temporary restraining order. When the defendant gives an undertaking in the amount of the civil penalty demanded in the complaint, together with costs, disbursements and projected annual costs of the prosecution of the action to be determined by the court, upon a motion on notice to the Town Attorney, a temporary injunction or a temporary restraining order shall be vacated by the court. The provisions of the Civil Practice Law and Rules governing undertakings shall be applicable to this Part 1.

§ 23A-9. Preliminary injunction of bulk transfer.

1. Generally, pending an action pursuant to this Part 1, the court may grant a preliminary injunction enjoining a defendant from making a bulk transfer, as defined in this section.

2. If on a motion for a preliminary injunction against a bulk transfer, the Town Attorney shall show by clear and convincing evidence that a public nuisance within the scope of this Part 1 is being conducted, maintained or permitted, a temporary restraining order may be granted, without notice, restraining the defendants and all persons from making or permitting a "bulk transfer," as defined in this section, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Application for a temporary restraining order shall be made pursuant to § 23A-7.
3. "Bulk transfer" defined. A "bulk transfer" is any transfer of a major part of the materials, supplies, merchandise or other inventory or equipment of the transferor in the building, structure or place where the public nuisance is being conducted, maintained or permitted that is not in the ordinary course of the transferor's business.
4. Enforcement of preliminary injunction. A preliminary injunction shall be enforced by the Town Attorney or by the Broome County Sheriff s Department or other law enforcement officer or agency with jurisdiction.
5. Preliminary injunction; inventory. If the court grants a preliminary injunction, the provisions of § 23A-7 of this article shall be applicable.

§ 23A-10. Temporary receiver.

1. Appointment, duration and removal. In any action wherein the complaint alleges that the nuisance is being conducted or maintained in the residential portions of any home, residence or sleeping place of one or more human beings, the court may, upon motion on notice by the plaintiff, appoint a temporary receiver to manage and operate the property during the pendency of any action, in lieu of a temporary closing order. A temporary receivership shall not continue after final judgment unless otherwise directed by the court. Upon the motion of any party, including the temporary receiver, or on its own initiative the appointing court may remove a temporary receiver at any time.

2. Powers and duties. The temporary receiver shall have such powers and duties as the court shall direct, including, but not limited to, collecting and holding all rents due from all tenants, leasing or renting portions of the building or structure, making or authorizing other persons to make necessary repairs or to maintain the property, hiring security or other personnel necessary for the safe and proper operation of a dwelling, prosecuting or defending suits flowing from his or her management of the property and retaining counsel therefor, and expending funds from the collected rents in furtherance of the foregoing powers.
3. Oath. A temporary receiver, before entering upon his or her duties, shall be sworn or shall affirm faithfully and fairly to discharge the trust committed to such receiver. The oath or affirmation may be waived upon consent of all parties.
4. Undertaking. A temporary receiver shall give an undertaking in an amount to be fixed by the court making the appointment that such receiver will faithfully discharge his or her duties.
5. Accounts. A temporary receiver shall keep written accounts itemizing receipts and expenditures and describing the property and naming the depository of receivership funds, which shall be open to inspection by any person having an apparent interest in the property. Upon motion of the temporary receiver, or of any person having an apparent interest in the property, the court may require the keeping of particular records, or direct or limit inspection, or require presentation of a temporary receiver's accounts. Notice of motion for the presentation of a temporary receiver's accounts shall be served upon the sureties on the temporary receiver's undertaking as well as upon each party.

§ 23A-11. Nonexclusivity.

§ 167-71. Purpose.

1. The City Council of the City of Schenectady finds that there is an increasing use of real property within the City of Schenectady for the purpose of flagrant violations of the penal laws relating to dangerous drugs and illegal firearms. The City Council also finds that such use continues even after the interdiction by police authorities, with repeated offenses being committed at the same properties.
2. The City Council finds that this situation seriously interferes with the interest of the general public in the areas of quality of neighborhood life and environment; diminution of property values; safety of the public upon the streets and sidewalks; and increasing costs of law enforcement as a result of these illegal activities.
3. The City Council, therefore, finds it in the public interest to authorize and empower the appropriate city officials to impose sanctions and penalties for such public nuisances as an additional and appropriate method of law enforcement in response to the apparent proliferation of these public nuisances without prejudice to the use of any other procedures and remedies available under any other law.

§ 167-72. Public nuisances enumerated.

1. 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.
2. For purposes of this chapter, inhabitable structures defined in accordance with the provisions of § 167-6 of the Code of the City of Schenectady.
3. 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]

§ 167-73. Additional enforcement procedures.

1. Order the discontinuance of such activity at the room, building, structure, inhabitable structure, or any portion thereof, where such public nuisance exists; and/or
2. Order the closing of said room, building, structure, inhabitable structure, or portion thereof, to the extent necessary to abate the nuisance, as prescribed hereafter.

§ 167-74. Notice procedure.

1. Whenever the Department of Neighborhood Revitalization, or its successor agency, is notified that a search warrant has been issued and executed for any room, building, structure, inhabitable structure or portion thereof in the City of Schenectady and that controlled substances or marijuana, as defined in the New York State Penal Law, have been confiscated as a result of said search warrant; or that an arrest has been made in any room, building, structure, inhabitable structure or portion thereof, and that controlled substances or marijuana have been confiscated as a result of said arrest, said Department shall cause a notice to be served on all owners of said room, building, structure, inhabitable structure or portion thereof notifying them of a violation of this chapter. The notice shall advise the owners that the property will be declared a public nuisance if there are any additional violations of this article. Said notice shall be given in accordance with Subsection D of this section. [Amended 12-1-1997 by Ord. No. 97-31]
2. Upon notice to the Department of Neighborhood Revitalization, or its successor agency, of a subsequent violation of this chapter within a period of three years of the initial notice under this chapter, that Department shall thereafter send a notice to all owners and mortgagors that a public nuisance may exist under this chapter and that if said nuisance is not abated within 14 days of the date of the notice the Mayor may direct the Commissioner of the Department of Neighborhood Revitalization to take action pursuant to this chapter. Said notice shall be in accordance with Subsection D of this section.
3. If the notified parties fail to provide evidence of substantial abatement of the nuisance at the end of the fourteen-day period, the Department of Neighborhood Revitalization may give notice of a hearing to be conducted before the Mayor, or his designee, under the provisions of this chapter. All interested parties, including owners, lessees, mortgagors, tenants and neighbors of the property, may attend the hearing and present testimony. Notice of said hearing shall be given in accordance with Subsection D of this section.
4. All notices required herein shall be served by means of certified mail, return receipt requested, sent to the last known address of the required party. If a signed, return receipt is not received within 14 days of mailing, a copy of the notice shall be served in the manner provided for service of a summons under the New York State Civil Practice Law and Rules. In the event that said notice cannot be served as prescribed above within 30 days of the original attempt, posting said notice in a conspicuous place on said premises shall be sufficient.
5. In addition to any notice served pursuant to Subsection D of this section, all notices of hearings before the Mayor or his designee shall be posted in a conspicuous place on the premises involved.
6. The lack of knowledge of, acquiescence or participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all those persons in possession or having charge of, as agent or otherwise, or having any interest in the property, real or personal, used in conducting or maintaining the public nuisance shall not be a defense by such owners, lessors and lessees, mortgagees and such other persons.

§ 167-75. Hearing and order.

1. Within ten business days of the mailing of the notice and the posting of the notice, at a time and place as contained in said notice, the Mayor, or his designee, shall commence a hearing for the purpose of determining whether a public nuisance exists under this chapter. Each person designated to receive notice above shall be given an opportunity to present evidence, under oath, and to be represented by counsel. The Mayor or his designee shall have the power, on his own motion, to subpoena witnesses and to take testimony, under oath, pertaining to all relevant matters. The Mayor or his designee may continue all or part of a hearing, if necessary, to conclude the investigation.
2. As part of his deliberations, the Mayor or his designee shall determine whether the violation of this chapter is a significant, continuous, and unreasonable interference with rights common to all members of the community in general, such as public health, safety, peace, morals, or convenience. In determining whether a room, building, structure, inhabitable structure, or portion thereof should be closed as a result of a violation under this chapter, the Mayor or his designee shall consider, in addition to all other relevant factors, the impact of the closure on innocent parties.
3. At the conclusion of the hearing, the Mayor, or his designee, may issue an appropriate order. Results of the hearing shall be mailed to the owner and any known mortgagee, by means of certified mail, return receipt requested. Any person or organization present at the hearing may request a copy of the order. A copy of said order shall also be posted at the premises within 48 hours of the decision. Five days after the posting of an order issued pursuant to this chapter, not excluding Saturday and Sunday, officers of the Schenectady Police Department, and in addition any other person authorized under this chapter to issue appearance tickets, are authorized to act upon and enforce such orders.

§ 167-76. Length of closure and steps taken upon closure.

1. Where the Mayor or his designee orders a closing of a room, building, structure, inhabitable structure, or portion thereof, as a result of a violation of this chapter, such closing shall be for a period as the Mayor or his designee may direct, but in no event shall the closing be for a period longer than one year from the date of the posting of the order. If the owner, lessor or lessee shall submit proof satisfactory to the Mayor that the nuisance has been abated for a period of 60 days, then the Mayor may vacate the provisions of the order directing closure, or modify said order.
2. A closing directed by the Mayor or his designee pursuant to this section shall not constitute an act of possession, ownership or control by the City of Schenectady of the closed premises.
3. The Mayor or his designee shall order all appropriate steps to be taken in the event of a closure to completely secure the property from use during the period of closure, and all city departments and agencies shall assist the Mayor or his designee. In the event that said steps are not taken by the owner of the property, the Mayor or his designee may direct that the Department of Neighborhood Revitalization shall take all appropriate steps to undertake and complete the work necessary to secure the property and shall charge the owners of the property benefited thereby.

§ 167-77. Recovery of costs.

§ 167-78. Commissioner may promulgate rules and regulations.

§ 167-79. Penalties for offenses.

[HISTORY: Adopted by the Council of the City of Coatesville: Art. I, 10-23-1989 as Ord. No. 845-89 (Ch. 91 of the 1989 Code). Amendments noted where applicable.]

Alcoholic beverages -- See Ch. 66.

§ 97-1. Findings and purpose.

§ 97-2. Unlawful acts.

§ 97-3. Discrimination.

§ 97-4. Criteria for establishing violations.

1. The owner (lessor) has received notice as set forth in § 97-2; and
2. It has been established that the owner (lessor) aided or acquiesced in illegal activities described in § 97-2.

§ 97-5. Eviction proceedings as defense.

§ 97-6. Violations and penalties.