[HISTORY: Adopted by the Common Council of
the City of Gloversville 6-24-2008 by L.L. No. 1-2008. Amendments noted where
applicable.]
A.
The Common Council finds that the quality of life
for many residents of the City of Gloversville is threatened by the
deterioration of some properties as well as by certain activities
and patterns of behavior engaged in by individuals at or in close
proximity to their homes. The Council further finds that such activities,
behavior and deteriorating properties constitute a public nuisance
and finds that, while it is in the public interest for City Officials
to proactively work with the property owners to resolve certain problems
before such problems reach the level whereby they constitute a public
nuisance, it is necessary and desirable to create and empower the
City to take certain actions either in conjunction with, or apart
from, actions taken by other agencies or departments of the City of
Gloversville utilizing the powers contained in other laws, without
prejudice to the use of procedure and remedies available to such other
officials under such laws, in order to reduce the incidence of public
nuisances, enhance and protect the public health, safety and welfare
and improve the overall quality of life within the City of Gloversville.
B.
BUILDING
CODE ENFORCEMENT OFFICER
DWELLING
PREMISES
STRUCTURE
Definitions and word usage. The following definitions
shall apply in interpretation and enforcement of this chapter:
Any structure having a roof for the shelter, housing or enclosure
of persons, animals, chattels or property of any kind.
A building designed or used as the living quarters for one
or more families. The term "dwelling" shall be deemed to include automobile
court, rooming house or tourist home.
A platted lot or part thereof or unplotted lot or parcel
or plot of land, either occupied or unoccupied by any dwelling or
nondwelling structure, including the dwelling or structure thereon.
The combination of any materials, whether fixed or portable,
forming a construction, including buildings.
[Amended 8-23-2016 by Ord. No. 15-2016; 6-28-2022 by Ord. No. 13-2022; 6-13-2023 by Ord. No. 02-2023]
A.
A public nuisance is deemed to exist when owners, tenants, occupants, or any combination thereof, at a building, dwelling, premises, structure or place, are convicted within a two-year period of the offenses cited in Subsections B or C below, with the most recent conviction exceeding the allowable number of convictions as set forth in Subsections B and C of this section. Where an incident results in a conviction of more than one offense cited in Subsection B or C of this section, each separate conviction shall be applicable to Subsection B or C below. The aforementioned two-year period shall be measured as being the dates between the separate incidences for which a conviction is premised and shall not be measured between dates of each respective conviction. For any conviction covering a period of multiple days, the earliest date of said period shall be used, and conviction covering a number of consecutive days shall constitute one conviction for purposes of this section. Convictions only for offenses that took place at the subject building, dwelling, premises, structure or place shall be applicable to this chapter.
B.
Public nuisance based on Penal Law convictions: A conviction of one of the following articles or sections of the Penal Law of the State of New York, occurring within a two-year period of a prior or first conviction as set forth in Subsection A, exceeding the allowable number of convictions as set forth below, is deemed to be a public nuisance:
(1)
Article 220 of the Penal Law, any felony offense: one conviction.
(2)
Article 221 of the Penal Law, involving marijuana: three convictions,
involving use: one violation, involving sale.
(3)
Section 240.36 of the Penal Law, loitering in the first degree: two
convictions.
(4)
Section 240.20 of the Penal Law, disorderly conduct: three convictions.
(5)
Section 240.45 of the Penal Law, criminal nuisance in the second
degree: two convictions.
(6)
Section 240.46 of the Penal Law, criminal nuisance in the first degree:
one conviction.
C.
Public nuisance based on Gloversville City Code convictions: A conviction of one or more of the following chapters and/or sections of the Gloversville City Code, occurring within a two-year period of a prior or first conviction as set forth in Subsection A, exceeding the allowable number of convictions as set forth below, is deemed to be a public nuisance:
A.
Upon a finding by a preponderance of the evidence that convictions exceeding those allowable as set forth in § 213-2 has occurred, the Court shall be authorized to order any of the following:
(1)
The vacating of the building, dwelling, premises, structure or place,
or a portion thereof.
(2)
The closing of the building, dwelling, premises, structure or place,
up to a period of six months.
(3)
The suspension for a period not to exceed six months or revocation
for a period of six months of any occupational license or permit issued
by the City related to the conduct, business or trade at the building,
dwelling, premises, structure or place, with said suspension or revocation
being applicable to any and all locations operated by the holder for
which such license or permit is required.
(4)
The imposition of a fine not to exceed $1,000 per person for any
owner, tenant, or occupant.
(5)
Any action necessary to abate the nuisance, including but not limited
to an order requiring the cleaning, painting, repairing or demolition
of any building, dwelling, premises, structure, or place. The costs
of any such remedy shall be due within 30 days of written invoicing
or demand. Failure to make timely payment shall result in said costs
being converted to a lien against the property collectible in the
same manner as property taxes and will be applied to the first subsequent
City property tax bill.
(6)
Any combination of the above.
Failure to comply with any order issued pursuant to § 213-3 shall be punishable by a fine not exceeding $1,000 or by imprisonment up to 15 days, or both.
