[HISTORY: Adopted by the City Council of the City of Lackawanna 6-7-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 57.
Alcoholic beverages — See Ch. 60.
Animals — See Ch. 66.
Unsafe buildings — See Ch. 83.
Demolition of buildings — See Ch. 84.
Drug-free school zone — See Ch. 103.
Fire prevention — See Ch. 119.
Graffiti — See Ch. 130.
Housing standards — See Ch. 139.
Noise — See Ch. 159.
Peace and good order — See Ch. 165.
Rental dwelling unit registration — See Ch. 177.
Unsafe trees — See Ch. 210.
[1]
Editor's Note: This ordinance also repealed former Ch. 116,
Eviction for Illegal Drug Activity, adopted 9-10-2013, as amended.
As used in this division, the following terms shall have the
meanings indicated.
The entry of a plea of guilty to or a verdict of guilty for
one or more counts set forth in an accusatory instrument.
Use or possession of a controlled substance or marihuana
(marijuana), as defined by the New York State Penal Law.
The landlord of the premises, including his/her agent.
A building or structure, or any part thereof.
The following are declared to be public nuisances.
Any premises, building, structure or real property used for
the purposes of prostitution as defined by New York State Penal Law
Article 230.
Any premises, building, structure or real property used for
purposes of indecency, obscene performances and/or promotion of obscene
materials as defined by New York State Penal Law Article 235.
Any premises, building, structure or real property used for
purposes of illegal gambling activity as defined by New York State
Penal Law Article 225.
Any premises, building, structure or real property used for
the purpose of illegal possession, use or sale of a firearm or weapon
as defined by New York State Penal Law Article 265.
Any premises, building, structure or real property used for
the purpose of illegal sale, manufacturing or consumption of alcohol
beverages as defined by the New York State Alcohol Beverage Control
Law.
Any premises, building, structure or real property wherein there
exists or has occurred a criminal nuisance as defined by the New York
State Penal Law Section 240.45 or 240.46.
In addition to its ordinary meaning, shall include an occupant
of one or more rooms in a rooming house or a resident, not including
a transient occupant, of one or more rooms in a hotel who has been
in possession for 30 consecutive days or longer.
A special proceeding to evict a tenant from leased premises may be maintained upon the ground that the premises, or any part thereof, have been used or occupied for the purpose of illegal drug activity or a public nuisance as defined in § 116-1.
The procedures applicable to summary proceedings to recover
possession of real property under state law shall be applicable to
any proceeding brought under this chapter.
A.
The following persons, corporations and agencies may serve personally
upon the owner or landlord, or upon his agent, of demised real property
used or occupied, in whole or in part, for the use or possession of
illegal drugs or the existence of a public nuisance, a written notice
requiring the owner or landlord to make an application for the removal
of the person(s) so using or occupying the premises:
(1)
Any domestic corporation organized for the suppression of vice, subject
to, or which submits visitation by the New York State Department of
Social Services or the Erie County Department of Social Services,
and possess a certificate from such department of such fact and of
such conformity with regulations of the department.
(2)
Any duly authorized enforcement agency of New York State, or a subdivision
thereof, and/or the City of Lackawanna, under a duty to enforce the
provisions of the Penal Law or of any state or local law, ordinance,
code, rule or regulation relating to buildings.
B.
If the owner or landlord, or his agent, does not make such application within five days thereafter, or having made it, does not in good faith diligently prosecute it, the person, corporation or enforcement agency giving notice may bring a proceeding under this chapter for such removal as though the petitioner were the owner or the landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to the one theretofore brought by him and not prosecuted diligently and in good faith. Proof of illegal drug activity or a public nuisance at the demised premises or by the occupants thereof, or of those resorting thereto, shall constitute evidence of the unlawful use of the demised premises required to be stated in the petition for removal. Notwithstanding the provisions of § 116-5 and § 116-6 of this chapter, multiple instances of illegal drug activity or a public nuisance are not required to commence an eviction proceeding under this chapter. Both the person(s) in possession of the property and the owner or landlord shall be made respondents in the proceeding under this chapter.
Two or more convictions of any person or persons had, within a period of one year, for any of the offenses defined in Article 220 or 221 of the Penal Law or any of the offenses set forth as a public nuisance in § 116-1 arising out of conduct engaged in the same real property consisting of a dwelling as that term is defined in Subdivision 4 of the New York State Multiple Dwelling Law, shall be presumptive evidence of conduct constituting use and occupancy of the premises for the purpose of using and possessing illegal drugs or of the existence of a public nuisance and of the tenant's knowledge thereof.
Two or more incidents of the following activities at any building,
structure or real property within one-year period prior to the commencement
of a civil action by notice of such action as provided within this
chapter shall be prima facie evidence of the existence of illegal
drug activity or a public nuisance.
A.
Service of an accusatory instrument charging any of the offenses
defined in Article 220 and 221 of the New York State Penal Law occurring
upon the property. For the purposes of this section, an accusatory
instrument shall include, but not be limited to, any criminal information,
misdemeanor and/or felony complaint filed in a court of competent
jurisdiction.
B.
Service of a search warrant on the building, structure or real property
where controlled substances, marihuana (marijuana), drug paraphernalia
and/or weapons are seized.
C.
Recovery of illegal controlled substances, drug paraphernalia or
illegal firearms or weapons on the building, structure or real property.
D.
Investigative purchases of illegal controlled substances on the building,
structure or real property by law enforcement agencies or their agents.
A court granting a petition pursuant to this section may, in
addition to any other order provided by law, make an order imposing
and requiring the payment by the respondent of a civil penalty not
exceeding $5,000 to the City of Lackawanna, in which subject premises
is located, and the payment of reasonable attorneys' fees and
the cost of the proceeding to the petitioner. In any such case, multiple
respondents shall be jointly and severally liable for any payment
so ordered, and the amounts of such payments constitute a lien upon
the subject real property.
