[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-2-1997 by L.L. No. 1-1997]
This article shall be known and may be cited as the "Yard Maintenance
Law of the Village of Wolcott."
It is the purpose of this article to promote the public health,
safety and general welfare, and to maintain property within the Village
of Wolcott in a safe, healthy, and aesthetically pleasing manner.
The following words, phrases, and terms shall have the following
meanings:
Motor vehicles, truck bodies, tractors, or trailers in such
a state of physical or mechanical ruin as to be incapable of propulsion
or of being operated upon the public streets or highways.
Worn out or discarded material of little or no value, including,
but not limited to, household appliances or parts thereof, tools,
discarded building materials, discarded furniture, or any other unsightly
debris, the accumulation of which has an adverse effect upon neighborhood
or Village property values, health, safety, or general welfare.
As defined in § 125 of the New York State Vehicle
and Traffic Law; unlicensed motor vehicles, truck bodies, tractors
or trailers; motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current license plates.
Grass, brush, rubbish, or weeds of a nature which are a fire
or health hazard, including lawns in excess of six inches in height.
Any person, firm, partnership, association, corporation,
company, or organization of any kind. "Persons" shall also include
the occupant of the parcel of land.
A.
Restricted. No person shall accumulate, store, or allow any disassembled,
inoperable, junked or wrecked motor vehicles, truck bodies, tractors
or trailers in the open upon any public or private property within
the Village for a period exceeding 72 hours.
B.
Exceptions. Any business engaged in automotive sales or repair, located
in a properly zoned district, may retain no more than three disassembled
or wrecked vehicles in the open for a period of not to exceed 30 days,
after which such vehicles shall be removed. Also excepted shall be
properly zoned, permitted and licensed junkyards established pursuant
to § 136 of the General Municipal Law.[1]
A.
Restricted. No person shall accumulate, store, or allow more than
one unlicensed motor vehicle, truck body, tractor or trailer in the
open upon any public or private property within the Village for a
period exceeding 72 hours.
B.
Exceptions: any business engaged in the sale, repair, or storage
of such unlicensed vehicles.
No person shall maintain, plant, or permit to remain on any
private property any noxious weeds or growth.
Complaints concerning any violation of this article shall be
made in writing, sworn to by the complainant, and filed with the Building
Inspector for the Village of Wolcott, who shall immediately cause
an investigation to be made with respect thereto and the written report
of such investigation filed with the Clerk of the Village.
A.
If, after such investigation, it appears that there is a reasonable
basis to believe that any of the provisions of this article have been
violated, the Building Inspector shall immediately cause a notice
in writing to be served upon the owner or occupant of the property.
Such notice shall set forth the nature of the complaint and shall
direct the owner or occupant to remove said noxious weeds and growth,
junk, or motor vehicles.
B.
The notice required under this article shall be served upon the owner,
his executors, legal representatives, agent, lessee, or any other
person having a vested or contingent interest in such premises as
shown by the records of the Town Assessor or of the Wayne County Clerk.
Service shall be made either personally or by registered or certified
mail, addressed to the last known address, if any, of the owner, his
executors, legal representative, agent, lessee, or other person having
a vested or contingent interest in such premises as aforesaid identified.
If service is made by registered or certified mail, a copy of the
notice shall be posted on the premises.
C.
The notice shall be in substantially the following form:
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To the owner, occupant or person having charge of land known
on the Assessment Roll of the Village of Wolcott as vacant lot(s)
located on the __________ side of the ______________ Street or Avenue;
or house and lot number ____________ located on the side of ___________________
Street or Avenue.
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Notice is hereby given that you have failed to cut the grass or weeds or to remove junk or refuse, or unlicensed or inoperable motor vehicle(s) pursuant to Chapter 115 of the Code of the Village of Wolcott. Said grass or weeds must be cut and any junk or refuse or unlicensed or inoperable motor vehicle(s) removed within 10 days from the date of this notice.
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In case you fail or refuse to comply with this notice on or
before the expiration of said 10 days from the date of this notice,
the Village of Wolcott, acting through its duly authorized agents,
servants, officers and employees, will enter upon your land and cut
said grass or weeds or remove said junk or refuse or unlicensed or
inoperable motor vehicle(s). The expense incurred by the Village will
be assessed against the above-described land, and shall constitute
a lien thereon, and shall be added to the real property tax levied
against the property and collected as provided by law.
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Dated:
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Code Enforcement Officer
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Any person feeling aggrieved by any such action or notice may,
within three days after the receipt of such notice, demand the matter
be inquired into by the Village Board. Such demand must be in writing,
signed by the person seeking such inquiry, and filed with the Village
Clerk. Within a reasonable time, the Village Board shall schedule
a date, time, and place for a hearing before the Village Board in
which the aggrieved person may address the Village Board. Such hearing
shall be scheduled not less than five business days from the date
of service of the notice.
In the event of the refusal or neglect of the person so notified
to comply with said order of the Village Board and after the hearing,
the Village Board shall provide for the removal of the junk, motor
vehicle, or noxious weeds and growth, as the case may be, either by
Village employees or by contract, and the total cost thereof shall
be assessed upon the real property upon which the motor vehicle, junk,
or noxious weeds and growth are found, and shall constitute a lien
and charge upon the real property on which it is levied, until paid
or otherwise satisfied or discharged, and shall be collected by the
Village Treasurer in the manner provided by law for the collection
of real property taxes.
[Adopted 10-8-2019 by L.L. No. 2-2019]
A.
Chronic nuisance properties present grave health, safety and welfare
concerns, where the persons responsible for such properties have failed
to take corrective action to abate the nuisance condition. Chronic
nuisance properties have a tremendous negative impact upon the quality
of life, safety and health of the neighborhoods where they are located.
This article is enacted to remedy nuisance activities that are particularly
disruptive to quality of life and repeatedly occur or exist at properties
by providing a process for abatement. This remedy is not an exclusive
remedy. Any available state or local laws may be used in conjunction
with this article.
B.
Chronic nuisance properties are a financial burden to the Village
due to the repeated calls for service to the properties because of
the nuisance activities that repeatedly occur or exist on such property.
This article is a means to ameliorate those conditions and hold accountable
those persons responsible for such property.
For purposes of this article, the following words or phrases
shall have the meaning described below:
To repair, replace, remove, destroy, or otherwise remedy
a condition which constitutes a violation of this article by using
means in such a manner and such an extent as the applicable Village
department code enforcement officer or the designee(s) of the Village
Board determines are necessary in the interest of the general health,
safety and welfare of the community.
Property on which any combination of three or more nuisance
activities or conditions occur or exist during any consecutive ninety-day
period, or on which any combination of six or more nuisance activities
or conditions occur or exist during any consecutive twelve-month period.
The power or ability to regulate, restrain, dominate, counteract
or govern property, property conditions, or conduct or events that
occur on a property.
Any unlawful activity at a property which consists of the
manufacture, delivery, sale, storage, possession, or giving away of
any controlled substance as defined in the New York State Penal Law.
The Village Code enforcement officer, the Village Officer
in Charge, or any other designee of the Village Board of Trustees.
Includes:
Any nuisance as defined by state or federal law or local ordinance
occurring on, around or near a property, including but not limited
to violations of the following local laws of the Village of Wolcott:
Any criminal conduct as defined by the New York State Penal
Law, federal law or local ordinance occurring on, around or near a
property; including, but not limited to, the following activities
or behaviors: a drug-related activity assault, fighting, menacing,
stalking, harassment, disorderly conduct, reckless endangerment, offenses
related to prostitution, domestic violence, firearms and/or weapons
violations, gambling, loitering, alcoholic beverage law violations,
and gang-related activity.
Natural person, joint venture, partnership, association,
club, company, corporation, business trust, organization or other
entity, or the manager, lessee, agent, officer or employee of any
of them.
Unless otherwise defined, any person who has titled ownership
of the property or structure which is subject to this article, an
occupant in control of the property or structure which is subject
to this article, a developer, builder, or business operator or owner
who is developing, building, or operating a business on the property
or in a structure which is subject to this article and/or any person
with control over the property and allows a violation of this article
to continue.
May be used by this article interchangeably and mean any
public or private building, lot, parcel, dwelling, rental unit, real
estate or land or portion thereof including property used as residential
or commercial property.
Any structure or that part of a structure, including but
not limited to a single-family home, room or apartment, which is rented
to another and used as a home, residence, or sleeping place by one
or more persons.
A.
Any property within the Village of Wolcott which is a chronic nuisance
property is in violation of this article and subject to its remedies;
and
B.
Any person responsible for property who permits property to be a
chronic nuisance property shall be in violation of this article and
subject to its remedies.
A.
When the enforcement officer receives documentation or information
reasonably supporting a finding of the occurrence of three or more
nuisance activities or conditions within a consecutive ninety-day
period on any property, said enforcement officer shall review such
documentation or information to determine whether it describes any
of the nuisance activities or conditions enumerated in the definition
section herein. Upon such a finding, the enforcement officer shall
give a warning notice to the persons responsible for such property,
in writing, by certified mail or personal service, that the property
is declared to be a chronic nuisance property.
B.
The warning notice shall contain:
(1)
The street address or legal description sufficient for identification
of the property;
(2)
A concise description of the nuisance activities or conditions that
exist, or that have occurred on the property;
(3)
A demand that the person responsible for such property respond to
the enforcement officer within 10 days of service of the warning notice
to discuss the nuisance activities and conditions and create a plan
or course of conduct to abate the chronic nuisance;
(4)
An offer to the person responsible of an opportunity to abate nuisance
activities or conditions giving rise to the violation;
(5)
A statement that, if the person responsible does not respond to the
enforcement officer as required in this section, or, if the matter
is not voluntarily corrected to the satisfaction of the enforcement
officer, the Village may file an action to abate the property as a
chronic nuisance property and/or take other action against the property
or person responsible as may be necessary to abate the nuisance activity
or condition; and
(6)
A statement describing the remedies, penalties, assessment and costs
for which the person responsible may be liable, including the closure
of the property and revocation of any certificate of occupancy thereof,
in the event that the nuisance activated or conditions have not been
abated in accordance with this article.
C.
If the person responsible fails to respond to the warning notice
within the time prescribed, the enforcement officer shall issue a
final notice declaring the property to be a chronic nuisance property
and post such notice at the property and issue the person responsible
a civil infraction returnable before the Village Court of Wolcott,
punishable by a maximum penalty of $100 per day for each day the nuisance
activity or condition remains unabated. If the person responsible
fails to respond to the issued infraction and/or continues to violate
the provision of the article, the matter shall be referred to the
Village Board of Trustees who will determine whether to refer the
matter to the office of the Village Attorney for either judicial action
or administrative action as hereinafter provided.
D.
If the person responsible responds as required by the warning notice
and agrees to abate the nuisance activity or condition, the enforcement
officer and the person responsible may work out an agreed-upon course
of action which would abate the nuisance activity and/or condition.
If the agreed course of action does not result in the abatement of
the nuisance activities or conditions, or if no agreement concerning
abatement is reached, the matter shall be referred to the Village
Board of Trustees who will determine whether to initiate legal action
by a referral to the office of the Village Attorney for enforcement
proceeding, by judicial action or administrative action. In the event
the enforcement office or the Village Board of Trustees determine
that the person responsible has taken reasonable steps to abate the
nuisance activities or conditions, the Village Board may elect not
to commence an enforcement action under this article, notwithstanding
the continuance of the nuisance activity or condition.
A.
Once the matter is referred to the Village Board of Trustees, the
Village, in conjunction with advice from the Village Attorney, shall
immediately review and make a determination whether to initiate legal
action authorized under this article or state statute, or may seek
alternative forms of abatement of the nuisance activity or condition.
The Village Attorney may initiate legal action on the chronic nuisance
property and seek civil penalties and costs in Supreme Court for the
abatement of the nuisance at the direction of the Village Board of
Trustees.
B.
In determining whether a property shall be deemed a chronic nuisance
property and subject to the court's jurisdiction, the Village
shall have the initial burden of proof to show by preponderance of
the evidence that the property is a chronic nuisance property. Copies
of police incident reports and reports of other Village departments
documenting nuisance activities or conditions shall be admissible
in such actions. Additionally, evidence of a property's general
reputation and the reputation of persons residing in or frequenting
the property shall be admissible in such actions. The failure to prosecute
an individual, or the fact no one has been convicted of a crime, is
not a defense to any enforcement action to abate a chronic nuisance.
C.
The Village Attorney may bring and maintain a judicial enforcement
action in the name of the Village to abate the nuisance, and shall
commence the action by the filing of a summons and complaint in the
manner required by the NYS Civil Practice Law and Rules. The initiation
of any hereunder shall be authorized by the Village Board of Trustees.
D.
The summons and complaint shall name as defendants the building,
structure or real property by describing it by tax map number and/or
street address, and shall name as defendants at least one person responsible
for the subject property. The summons and complaint may also name
as defendants any owner, operator, manager, tenant, lessee or other
occupier of the building, structure or real property.
E.
The venue of the actions shall be in the Supreme Court of the State
of New York, County of Wayne.
A.
If, upon the trial of an action to abate a nuisance activity or condition,
or upon a motion for a summary judgment, a finding is made that defendants
have conducted, maintained, permitted or allowed a nuisance activity
or condition, a penalty may be awarded in an amount not to exceed
$100 for each day it is found that defendants conducted, maintained,
permitted or allowed the nuisance activity or condition after notice
to abate had been given by the enforcement officer. Upon recovery,
such penalty shall be paid into the general Village fund.
B.
If upon the trial of an action for a nuisance activity or condition,
or upon a motion for a summary judgment, a finding is made that defendants
conducted, maintained, permitted or allowed a nuisance activity or
condition, a permanent injunction may be granted, prohibiting the
defendants from conducting, maintaining, permitting or allowing the
nuisance activity or condition. Said permanent injunction may authorize
agents of the Village to remove and correct any conditions in violation
of this article. The judgment may further order that the costs of
removing and correcting the violations shall be charged against defendants
and awarded to the Village. The judgment may further order that the
costs of removing and correcting the violations shall constitute a
lien against the real property and shall be collected if possible
in the same manner provided by law for the collection of real property
taxes within the Village. A judgment ordering a permanent injunction
may further direct the closing of the building, structure, or real
property by the Village, to the extent necessary to abate the nuisance
activity or condition. A judgment awarding a permanent injunction
shall further provide for all costs and disbursements allowed by the
NYS Civil Practice Law and Rules and for the actual costs, expenses
and disbursements of the Village in investigating, bringing and maintaining
the action, including attorney's fees.
C.
If the judgment directs the closing of the building, structure or
real property, the Village shall serve the judgment upon defendants
in the manner required by the NYS Civil Practice Law and Rules and
shall post a copy of the judgment upon one or more of the doors at
entrances of the building, structure or real property or in another
conspicuous place on the building, structure or real property. A judgment
may command all persons present in the building, structure or real
property to vacate the property forthwith. After the building, structure
or real property has been vacated, the Village may secure the premises,
the closing directed by the judgment shall be for such a 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. A closing
pursuant to court order shall not constitute an act of possession,
ownership or control by the Village.
D.
On a motion or order to show cause filed by the Village Attorney
in a pending action for a permanent injunction, a preliminary injunction
enjoining the nuisance activity or condition may be granted for any
of the relief obtainable by a permanent injunction. Pending a motion
or order to show cause for a preliminary injunction, a temporary restraining
order or a temporary closing order may be granted, without notice
to defendants, for any of the relief obtainable by a permanent injunction.
E.
If the judgment directs the closing of the building, structure or
real property and requires all persons present in the building, structure
or real property to vacate the property, the court shall be authorized
to assess against the person or persons responsible the reasonable
costs and expenses of relocation expended by any tenant who must relocate
because of the order of abatement, provided that such tenant shall
be eligible to recover such relocation costs only if the tenant has
not participated in the nuisance activities or conditions which are
the subject of the judicial action.
F.
If the court determines the property is a chronic nuisance property
pursuant to this article, the court may also order any of the following:
(1)
Order the person responsible to immediately abate the nuisance activity
or condition from occurring on the property;
(2)
Order that the enforcement officer shall have the right to inspect
the property to determine if the court's orders have been complied
with;
(3)
Impose the aforedescribed civil penalty of up to $100 per day against
each responsible person, calculated from the date the warning notice
was issued by the enforcement officer to the date when the enforcement
officer confirms that the property is no longer a chronic nuisance
property;
(4)
Make any other order that will reasonably abate nuisance activities
or conditions from occurring on the property, including authorizing
the Village to take action to abate nuisance activities or conditions
from occurring upon the property if other court orders are not complied
with or do not abate any nuisance activity or condition on the property;
(5)
Closure of the building, structure or real property as aforesaid;
(6)
Suspension or revocation of any certificate of occupancy, business
license or other license issued with respect to such property;
(7)
Provide that the costs of any Village action taken in accordance
with the court order are to be paid for by the person responsible
who shall be jointly and severally liable for same, if a tax re-levy
is not possible.
A.
Whenever there is prima facie evidence of a chronic nuisance property,
the Village may elect to initiate an administrative hearing rather
than taking judicial action. The following procedures shall be observed:
(1)
Service of notice. A notice of hearing shall be served on all persons
responsible for the building, structure or real property and may also
be served on any known tenants or lessees or other occupiers of the
building, structure or real property. The notice shall be served in
the manner required by NYS Civil Practice Law and Rules.
(2)
Content of notice. The notice shall allege the facts constituting
the nuisance activities and/or conditions which are prima facie evidence
of a chronic nuisance property. The notice shall further contain a
time and place for a hearing to be held before a panel, such notice
to be given no less than 20 days before the hearing date.
(3)
Hearing panel. The hearing panel shall consist of the enforcement
officer and two additional members to be appointed by the Village
Board of Trustees.
(4)
Hearing. At the time and place designated in the notice, the Village
Attorney or his designee shall present all relevant evidence and/or
witnesses demonstrating the existence of nuisance activities or conditions
constituting a chronic nuisance property pertaining to the subject
building, structure or real property. The persons responsible for
the building, structure or real property, or their representative,
shall have the right to examine such evidence and cross-examine any
witnesses presented by the Village Attorney or his or her designee.
Said persons responsible or their representative may present any relevant
evidence and/or witnesses in their defense. The Village Attorney or
his or her designee shall have the right to examine such evidence
and cross-examine any witnesses presented by the persons responsible
for the building, structure or real property, or their representatives.
(5)
Panel's finding and recommendations: within 10 business days
of the hearing, the panel shall provide findings of fact to the Village
Mayor or the Mayor's designee. The findings of fact shall state
whether there is prima facie evidence of the existence of nuisance
activities or conditions constituting a chronic nuisance at the building,
structure or real property. The panel shall further provide a written
recommendation of remedies to abate said nuisance activities or conditions.
B.
Upon receipt of the findings of fact and the recommendations from
the hearing panel, the Village Mayor or the Mayor's designee
shall have the following powers in the furtherance of the abatement
of the nuisance activities or conditions:
(1)
To issue a decision and order suspending or revoking, for a period
not to exceed one year, the certificate of occupancy or business license
for the building, structure or real property.
(2)
To issue a decision and order directing the closing of the building,
structure or real property to the extent necessary to abate the nuisance
activities or conditions.
(3)
In conjunction with, or in lieu of, the foregoing powers, to issue
a decision and order that various measures be taken by the persons
responsible, including tenants and/or lessee of the property, to the
extent necessary to both abate the existing nuisance activities or
conditions and insure the prevention of future nuisance activities
or conditions from occurring at the subject property, which shall
include, but not be limited to: requiring the persons responsible
to modify and improve the usage and features of the premises to deter
further and future nuisance activities or conditions; mandating compliance
with all applicable building, housing and property maintenance codes
and regulations pursuant to this code and/or state law; and/or directing
subsequent purchasers to comply with the provisions of any issued
order of revocation or suspension of the certificate of occupancy
or business license unless or until the subsequent purchaser appears
before the hearing panel to provide an appropriate plan for the panel
to review and make recommendations, wherein said plan will set forth
measures to avoid incidents of nuisance activities or conditions.
(4)
The decision and order shall be served upon the person responsible,
and any tenant or lessee of the property, either by personal service
or certified mail.
(5)
Nothing within this section shall limit the authority of the Mayor
or Mayor's designee to take such other and further actions deemed
necessary to abate any existing nuisance activities or conditions
to the extent necessary to insure the protection of the health, safety
and welfare of the general public.
Whenever this article or any other provision of law authorizes
the Village or enforcement officer to declare a public nuisance pursuant
to this article, the nuisance activities or conditions may be summarily
abated by any reasonable means and without notice or hearing when
immediate action is necessary to preserve or protect the public health
or safety because of the existence of a dangerous condition or imminent
threat to life or safety on public or private property. Summary abatement
action shall not be subject to the notice and hearing requirement
of this article, and the Village enforcement officer shall not be
prohibited from summary abatement actions after initiation of proceedings
pursuant to this article, if immediate action at any time becomes
necessary to preserve or protect the public health or safety. Summary
abatement is to be limited to those actions which are reasonably necessary
to immediately remove the threat. In the event a public nuisance is
summarily abated, the enforcement officer may nevertheless keep an
account of the cost of abatement and bill the person responsible therefor.
If the bill is not paid within 15 days from the date of mailing by
certified mail to the person responsible, the enforcement officer
may proceed to obtain a special assessment/or lien against the subject
property to be collected in the same manner as other real property
tax assessment if possible. In addition to its rights to impose said
special assessment if possible, the Village shall retain the alternative
right to recover its costs by way of civil action against the persons
responsible, jointly and severally.
If any clause, sentence, paragraph, word, section or part of
this provision shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
accept, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, word, section
or part thereof directly involved in the controversy in which judgment
shall have been rendered.
