Town of Kingsbury, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Kingsbury 2-21-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings— See Ch. 100.

§ 192-1 Declaration of legislative findings.

A. 
The Town Board finds that public nuisances exist in the Town of Kingsbury in the operation and use of certain property, including residential premises, in violation of such laws as the Penal Law of the State of New York, the New York State Uniform Fire Prevention and Building Code and the Code of the Town of Kingsbury, which nuisances substantially and seriously interfere with the interest of the public in the quality of life and total community environment, commerce in the Town, property values and public health, safety, peace, comfort, conveniences and general welfare.
B. 
Specifically, the deterioration of some properties and the activities and patterns of behavior engaged in by certain individuals threaten the quality of life for the residents of the Town. The Town Board further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the residents of the Town of Kingsbury and of the businesses thereof and the visitors thereto. It is the purpose of this chapter to authorize the Town to create one standardized procedure for securing legal and equitable remedies and reform relating to the subject matter encompassed by this chapter and to strengthen existing laws on the subject. In so doing, this chapter shall authorize the Town to impose sanctions and penalties for such public nuisances and remediate the same. Such powers may be exercised either in conjunction with, or apart from, the powers contained in other laws without prejudice to the use of procedures and remedies available under such other laws.
C. 
The Town Board further finds that the sanctions and penalties and remedial measures authorized herein constitute a supplementary and suitable method of law enforcement in response to the rapidly expanding presence of public nuisances. These sanctions, penalties and remedial measures are reasonable and necessary in order to protect the health and safety of the residents of the Town and to promote the general welfare of the community.

§ 192-2 Public nuisance defined.

A. 
A public nuisance is declared to exist where behavior in the use of or on the premises unreasonably interferes with the health, safety, peace, comfort or convenience of the general community, occurring within a period of six months of such frequency or duration that the continued occupancy of the premises presumes continuation of such unreasonable interference regardless of whether or not any person has been convicted for violation of any provisions of the Penal Law of the State of New York, the New York State Uniform Fire Prevention and Building Code or the Code of the Town of Kingsbury.
B. 
A public nuisance is declared to exist whenever, through violations of any of the following, provisions resulting from separate incidents at a building, structure or place, 12 or more points are accumulated within a period of six months or 18 or more points within a period of 12 months in accordance with the following point system. For a multi-dwelling unit with four or more units, a public nuisance is declared to exist whenever, through violations of any of the following provisions resulting from separate incidents at a building, structure or place, 18 or more points are accumulated within a period of six months or 24 or more points within a period of 12 months in accordance with the following point system. Where more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.
(1) 
The following violations shall be assigned a point value of six points:
(a) 
Article 120 of the Penal Law - Assault and Related Offenses.
(b) 
Article 125 of the Penal Law - Homicide, Abortion and Related Offenses.
(c) 
Article 130 of the Penal Law - Sex Offenses.
(d) 
Article 140 of the Penal Law - Burglary and Related Offenses.
(e) 
Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the Penal Law - Criminal Possession of Stolen Property.
(f) 
Sections 170.65 and 170.70 of the Penal Law - Forgery of and Illegal Possession of a Vehicle Identification Number.
(g) 
Article 178 of the Penal Law - Criminal Diversion of Prescription Medications and Prescriptions.
(h) 
Article 220 of the Penal Law - Controlled Substances Offenses.
(i) 
Article 221 of the Penal Law - Offenses Involving Marihuana.
(j) 
Article 225 of the Penal Law - Gambling Offenses.
(k) 
Article 230 of the Penal Law - Prostitution Offenses.
(l) 
Section 240.20 of the Penal Law - Disorderly Conduct.
(m) 
Section 240.36 of the Penal Law - Loitering in the First Degree.
(n) 
Sections 260.20 and 260.21 of the Penal Law - Unlawfully Dealing with a Child.
(o) 
Article 263 of the Penal Law - Sexual Performance by a Child.
(p) 
Article 265 of the Penal Law - Firearms and Other Dangerous Weapons.
(q) 
Possession, use, sale and/or offer for sale of any alcoholic beverage in violation of Article 18 of the Tax Law or of any cigarette or tobacco products in violation of Article 20 of the Tax Law.
(r) 
Section 415-a of the Vehicle and Traffic Law - Vehicle dismantlers.
(s) 
Section 65 of the Alcoholic Beverage Control Law.
(t) 
Section 155.25 of the Penal Law - Petit larceny.
(u) 
Section 240.26 of the Penal Law - Harassment in the second degree.
(v) 
Section 260.10 of the Penal Law - Endangering the welfare of a child.
(w) 
Article 145 of the Penal Law - Criminal Mischief and Related Offenses.
(2) 
The following violations shall be assigned a point value of three points:
(a) 
Chapter 75 of the Town Code - Animal Control.
(b) 
Chapter 80 of the Town Code - Assemblies, Mass Public.
(c) 
Chapter 95 of the Town Code - Building Construction and Fire Prevention.
(d) 
Chapter 100 of the Town Code - Buildings, Unsafe.
(e) 
Chapter 136 of the Town Code - Firearms.
(f) 
Chapter 151 of the Town Code - Furnaces, Outdoor.
(g) 
Chapter 155 of the Town Code - Games of Chance.
(h) 
Chapter 162 of the Town Code - Hazardous Wastes.
(i) 
Chapter 168 of the Town Code - Health and Sanitation.
(j) 
Chapter 174 of the Town Code - Junkyards.
(k) 
Chapter 185 of the Town Code - Mobile Homes.
(l) 
Chapter 190 of the Town Code - Noise Control.
(m) 
Chapter 196 of the Town Code - Peddling and Soliciting.
(n) 
Chapter 210 of the Town Code - Sewers.
(o) 
Chapter 222 of the Town Code - Solid Waste.
(p) 
Chapter 230 of the Town Code - Stormwater Management.
(q) 
Chapter 240 of the Town Code - Subdivision of Land.
(r) 
Chapter 244 of the Town Code - Swimming Pools.
(s) 
Chapter 270 of the Town Code - Water.
(t) 
Chapter 280 of the Town Code - Zoning.
(u) 
9 NYCRR Subtitle S, Chapter I - New York State Uniform Fire Prevention and Building Code.
(v) 
Sections 145.00, 145.05, 145.10, and 145.12 of the Penal Law - Criminal Mischief.
(3) 
For the purpose of this section, where a violation is continuous, each week a violation continues shall be deemed a separate violation. A conviction for a violation shall not be required, and such violation shall be established by a preponderance of the evidence. Evidence of a violation 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, state and federal laws, activities associated with trafficking of controlled substances, finding of weapons and/or controlled substances on or near the property, increased volume of traffic associated with the property, excessive police attention as a result of citizen complaints, as well as notices, citations and orders issued by the Code Enforcement Officer. However, a conviction as defined in accordance with the provisions of § 1.20 of the Criminal Procedure Law shall constitute conclusive proof of a violation. Conviction of an attempt to commit a violation of any of the specified provisions shall be considered a conviction for a violation of the specified provision.

§ 192-3 Powers of Town Board with respect to public nuisances.

In addition to the enforcement procedures established elsewhere, the Town Board or the Town Board's designees, after notice and opportunity for a hearing with respect to a public nuisance, shall be authorized to do the following:
A. 
Any action necessary to abate the nuisance, including but not limited to cleaning, painting, repairing or demolishing any building, structure or place. The cost of any such remedy shall constitute a property tax lien against the property upon which such remedy is applied; or
B. 
The imposition of a fine not to exceed $1,000 upon the owner, lessor or lessee of the building, structure or place where the nuisance is found to have occurred; or
C. 
Upon Town Board authorization, the Town Board may commence a proceeding in the name of the Town in the Supreme Court of Washington County or any other court of competent jurisdiction to obtain an order of the court to suspend for a period not to exceed six months or revoke for a period of one year any occupational license or permit issued by the Town related to the conduct of a business or trade at the premises, which suspension or revocation shall also apply to any other location operated by the holder for which the license or permit is required; or
D. 
Upon Town Board authorization, the Town Board may commence a proceeding in the name of the Town in the Supreme Court of Washington County or any other court of competent jurisdiction to obtain an order of the court to suspend for a period not to exceed six months or to revoke for a period of one year a certificate of occupancy issued for such premises, and to prevent the operator from obtaining a new certificate of occupancy for another location for the period of suspension or revocation; or
E. 
Upon Town Board authorization, the Town Board may commence a proceeding in the name of the Town in the Supreme Court of Washington County or any other court of competent jurisdiction to obtain an order of the court to order the closing of the building, structure or place to the extent necessary to abate the nuisance; or
F. 
Any combination of the above.

§ 192-4 Service of notice.

A. 
Prior to the issuance of orders or upon commencing any action in the Supreme Court or other court having jurisdiction by the Town Board or the Town Board's designee pursuant to this section, the Town Board or the Town Board's designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building, structure or place wherein the public nuisance is being conducted, maintained or permitted. Such notice shall be served upon an owner pursuant to Article 3 of the Civil Practice Law and Rules, upon a lessor or lessee pursuant to § 735 of the Real Property Actions and Proceedings Law and upon a mortgagee by means of certified mail, return receipt requested, sent to the mortgagee's last known address, provided that any service other than delivery to the person to be served shall be complete immediately upon delivery, mailing or posting without the necessity of filing proof of service with the clerk of any court before the hearing. The person in whose name the real estate affected by the orders by the Town Board or the Town Board's designee is recorded in the office of the County Clerk shall be presumed the owner thereof. Proceedings shall be commenced by service of the notice and opportunity for a hearing within 60 days after the occurrence of the most recent violation cited in the notice.
B. 
The lack of knowledge, 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.
C. 
Orders of the Town Board or the Town Board's designee issued pursuant to this section and upon the written directive of the Town Board or the Town Board's designee. Officers of the Washington County Sheriff's office are authorized to act upon and enforce such orders.
D. 
Five business days after the posting of an order issued pursuant to this section, and upon the written directive of the Town Board or the Town Board's designee, officers of the Washington County Sheriff's office are authorized to act upon and enforce such orders.
E. 
Where the Town Board or the Town Board's designee closes a building, structure or place pursuant to this chapter, such closing shall be for such period as the Town Board or the Town Board's designee may direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to this chapter. If the owner, lessor or lessee shall file a bond in an amount determined by the Town Board or the Town Board's designee, but which may not exceed the value of the property ordered to be closed, and submit proof satisfactory to the Town Board or the Town Board's designee 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 by the order of the Town Board or the Town Board's designee, then the Town Board or the Town Board's designee may vacate the provisions of the order that directs the closing of the building; structure or place.
F. 
A closing directed by the Town Board or the Town Board's designee pursuant to this chapter shall not constitute an act of possession, ownership or control by the Town of the closed premises.

§ 192-5 Penalties for offenses.

A. 
It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, structure or place, or a portion thereof, ordered closed by the Town Board or the Town Board's designee. Mutilation or removal of a posted order of the Town Board or the Town Board's designee shall be punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of three years, punishable by a fine of not less than $250 nor more than $500 or imprisonment for a period not to exceed 30 days, or both; and upon conviction for a third offense or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $500 nor more than $750 or imprisonment for a period not to exceed 60 days, or both, provided that such orders contain therein a notice of such penalty.
B. 
Intentional disobedience or resistance to any provision of the orders issued by the Town Board or the Town Board's designee pursuant to this chapter, 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 to exceed six months, or both.

§ 192-6 Rules and regulations.

The Town Board or the Town Board's designee may promulgate rules and regulations to carry out and give full effect to the provisions of this chapter.

§ 192-7 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provisions to other persons and circumstances shall not be rendered invalid thereby.

§ 192-8 When effective.

This chapter shall take effect immediately upon filing with the Secretary of State.