The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
CRIMINAL CONVICTION
The entry of a plea of guilty or verdict of guilty for one
or more counts as set forth in an accusatory instrument.
ILLEGAL DRUG ACTIVITY
The use or possession of a controlled substance or cannabis
as defined by the State Penal Law.
OWNER
The owner(s) or landlord(s) of a building, structure or real
property, including his or her agent.
PREMISES
Real property or a building or structure, or any part thereof.
PUBLIC NUISANCE
A.
Includes, but shall not be limited to:
(1)
Any building, structure or real property used for the purpose
of illegal use, possession or distribution of a controlled substance
or cannabis as defined by the State Penal Law.
(2)
Any building, structure or real property used for the purposes
of prostitution as defined by the State Penal Law.
(3)
Any building, structure or real property used for purposes of
indecency, obscene performances and/or promotion of obscene material
as defined by the State Penal Law and this Code.
(4)
Any building, structure or real property used for purposes of
illegal gambling activity as defined in the State Penal Law.
(5)
Any building, structure or real property used for the purpose
of the commission of illegal possession, use or sale of firearms or
weapons as defined by the State Penal Law.
(6)
Any building, structure or real property used for the purpose
of illegal sale, manufacture or consumption of alcohol beverages as
defined by the State Alcoholic Beverage Control Law.
(7)
Any building, structure or real property wherein there exists
or has occurred a criminal nuisance as defined by the State Penal
Law.
(8)
Any building, structure or real property used for purposes of
loitering as defined by the State Penal Law.
(9)
Any building, structure or real property wherein there exists or has occurred any violation of this Code, including, but not limited to, Chapter
155, Property Maintenance, Chapter
56, Animals, Chapter
230, Zoning, and the New York State Uniform Fire Prevention and Building Code, including the Property Maintenance Code of New York State, and any subsequent amendments or superseding provisions thereto, all of which are incorporated into this Code by reference.
(10)
Any building, structure or real property wherein an occupant,
guest or business invitee commits criminal activities involving assault,
gang assault, harassment or disorderly conduct, as said criminal activities
are defined by the State Penal Law.
B.
The above definition of a public nuisance is not intended and
shall not be interpreted to cover or include requests for police,
medical, fire or ambulance services in the face of a threat or a perceived
threat to person or property, or any request for the assistance of
the police to enforce a court order, including, but not limited to,
circumstances in which the request for police, medical, fire or ambulance
services or public service intervention arises from an incident relating
to intimate partner violence, sexual assault, child abuse or stalking
against any person or near the premises.
TENANT
The lessee or occupant of a building, structure or real property.
For purposes of this chapter, the term "tenant" shall include an occupant
of one or more rooms in a rooming house or a residence, not including
a transient occupant of one or more rooms in a hotel for 30 consecutive
days or longer.
No owner, operator, manager, or tenant of a premises shall knowingly
conduct, maintain, permit or allow the existence of a public nuisance
at the premises.
If, upon the trial of an action for a public nuisance or upon
a motion for summary judgment, a finding is made that defendant(s)
have conducted, maintained, permitted or allowed a public nuisance,
a penalty may be awarded in an amount not to exceed $1,000 for each
day it is found that defendant(s) conducted, maintained, permitted
or allowed the public nuisance after notice to abate had been given
by the Village. Upon recovery, such penalty shall be paid into the
General Village Fund.
Upon a motion or order to show cause from the attorney for the
Village and pending an action for a permanent injunction, a preliminary
injunction enjoining the public nuisance 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 defendant(s), for any of the relief obtainable
by a permanent injunction.
As an alternative or in addition to commencing a civil action,
whenever there is presumption of a public nuisance, as set forth in
this chapter at any premises within the Village of Canastota, the
Village Board of Trustees may initiate an administrative hearing in
accordance with the following procedure:
A. Service of notice. A notice of the hearing shall be served on all
owners of the premises as determined by the last filed tax roll and
may also be served on any known operator, manager, and/or tenant of
the premises. The notice shall be served in the manner required by
New York State Civil Practice Law and Rules.
B. Content of notice. The notice shall allege the facts constituting
the public nuisance. The notice shall further contain a time and place
for a hearing to be held before a panel, and shall advise the owner(s),
and known operator, manager, and/or tenant, lessee and/or other occupier,
of their right to appear represented by legal counsel.
C. Hearing panel. The panel shall consist of a member to be appointed
by the Code Enforcement Officer, a member to be appointed by the Chief
of Police and a member to be appointed by the Fire Chief. Each appointing
authority shall be authorized to appoint himself/herself or any member
of his/her staff to the hearing panel.
D. Hearing. At the time and place designated in the notice, a representative
of the Village Board of Trustees or his/her designee shall present
all relevant evidence and/or witnesses demonstrating the existence
of a public nuisance at the premises, and as to appropriate remedies.
The owners, operator(s), manager(s), and/or tenant(s) of the premises,
or their representatives, shall have the right to examine such evidence
and cross-examine any witnesses presented. The owners, operator(s),
manager(s), and/or tenant(s) of the premises, or their representatives,
may present any relevant evidence and/or witnesses in their defense.
The Village Board of Trustees representative, or his/her designee,
shall have the right to examine such evidence and cross-examine any
witnesses presented by the owners, operator(s), manager(s), and/or
tenant(s) of the premises.
E. Panel's finding and recommendation. Within five business days
of the hearing, the panel shall provide findings of fact to the Mayor
or the Mayor's designee. The finding of fact shall state whether
there is prima facie evidence of the existence of a public nuisance
at the premises. The panel shall further provide a written recommendation
of remedies to abate the public nuisance.
All relevant chapters of this Code, including, but not limited to, Chapter
155, Property Maintenance, Chapter
56, Animals, Chapter
230, Zoning, as well as the New York State Uniform Fire Prevention and Building Code, including the Property Maintenance Code of New York State, and any subsequent amendments or superseding provisions thereto, which have been previously adopted and incorporated into this Code by reference are hereby incorporated into this chapter by reference.
If any clause, sentence, paragraph, word, section or part of
this chapter shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, 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 said
judgment shall have been rendered.