[HISTORY: Adopted by the Board of Trustees of the Village
of Corinth as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-4-1931 as Art. VII of the Village Ordinances; amended in its entirety 2-23-1983 by L.L. No.
1-1983 (Ch. 99 of the 1983 Code)]
No owner or occupant of any market in the Village of Corinth
shall neglect to keep the same free from any offensive smell and clean
or shall permit to accumulate any offal or refuse meat or bones about
it or in said market.
The keeping of any slaughterhouse and all slaughtering of fowl,
except by private families for their own use, within the Village of
Corinth is hereby prohibited.
No person or persons shall deposit or knowingly suffer any member
of his or her family or employees to deposit any dead carcass, carrion,
putrid meats, spoiled vegetables, fish entrails or remains, offal,
slops, refuse, garbage, human excrement or combination thereof, or
other substances with an obnoxious odor or detrimental to the health,
upon any lot within this Village or upon the bank of or in any brook,
rivulet, pond, or river therein, or fail to remove the same from premises
owned, occupied or leased by him or her, or under his or her control,
within 24 hours after such condition has come to his or her knowledge.
No person shall keep any hogs, pigs or swine or any horses,
cattle or domestic fowl within 100 feet of any part of any dwelling
house or street in said Village or shall keep any such animal or animals
so that an offensive or disagreeable scent arising from the place
where the same shall be kept shall reach any dwelling house or street.
Any person committing an offense against the provisions of this
article shall be guilty of a violation under the Penal Law and, upon
conviction thereof, shall be punishable for each offense by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or both.
[Adopted 10-19-2011 by L.L. No. 5-2011 (Ch. 100 of the 1983
Code)]
A.
The Board
of Trustees finds that from time to time public nuisances exist in
the Village of Corinth as a result of the operation of certain establishments
and the 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 Village of Corinth, which nuisances substantially and
seriously interfere with the interest of the public by affecting the
quality of life, total community environment, commerce, property values,
and public health, safety, peace, comfort and convenience and the
general welfare of the Village. 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 Village. The Board of Trustees further finds that the continued
occurrence of such activities and violations is detrimental to the
health, safety and welfare of the residents of the Village of Corinth,
the businesses thereof and the visitors thereto.
B.
It is the
purpose of this article to authorize the Village to create one standardized
procedure for securing legal and equitable remedies and to provide
reform relating to the subject matter encompassed by this article
and to strengthen existing laws on the subject. In so doing, this
article shall authorize the Village 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. The Board of Trustees
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 Village and to promote the general welfare of the community.
A.
A public nuisance is declared to exist where behavior in the use
of or on a building, structure or place unreasonably interferes with
the health, safety, peace, comfort or convenience of the general community
and occurs within a period of six months with such frequency or duration
that the continued occupancy of the building, structure or place 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 Village of Corinth.
B.
A public nuisance is declared to exist whenever, through the violation
of any of the following provisions at a particular 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 under the
following point system. Where more than one violation occurs during
a single week, the total points for the incident shall be the highest
point value assigned to any single violation occurring during that
particular week.
(1)
The following violations shall be assigned a point value of six points:
(a)
Article 158 of the Penal Law: welfare fraud.
(b)
Sections 165.40, 165.45, 165.50 and 165.54 of the Penal Law:
criminal possession of stolen property.
(c)
Sections 170.65 and 170.70 of the Penal Law: forgery of and
illegal possession of a vehicle identification number.
(d)
Section 175.10 of the Penal Law: falsifying business records.
(e)
Article 178 of the Penal Law: criminal diversion of prescription
medications and prescriptions.
(f)
Article 220 of the Penal Law: controlled substances offenses.
(g)
Article 221 of the Penal Law: offenses involving marijuana.
(h)
Article 225 of the Penal Law: gambling offenses.
(i)
Article 230 of the Penal Law: prostitution offenses.
(j)
Section 240.20 of the Penal Law: disorderly conduct.
(k)
Section 240.36 of the Penal Law: loitering in the first degree.
(l)
Sections 260.20 and 260.21 of the Penal Law: unlawfully dealing
with a child.
(m)
Article 263 of the Penal Law: sexual performance by a child.
(n)
Article 265 of the Penal Law: firearms and other dangerous weapons.
(o)
Section 147 of the Social Services Law: food stamp program fraud.
(p)
The Alcoholic Beverage Control Law.
(r)
Section 415-a of the Vehicle and Traffic Law: vehicle dismantlers.
(2)
The following violations shall be assigned a point value of three
points:
(a)
Chapter 180 of the Village Code , Adult Bookstores.
(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 pursuant to 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.
In addition to the enforcement procedures established elsewhere,
the Board of Trustees or the Board of Trustees' designee, after
notice and opportunity for a hearing with respect to a public nuisance,
shall be authorized:
A.
To order the closing of the building, structure or place to the extent
necessary to abate the nuisance;
B.
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 the building,
structure or place, and to prevent the operator from obtaining a new
certificate of occupancy for another location within the Village for
the period of suspension or revocation;
C.
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
Village related to the conduct of a business or trade at the building,
structure or place, which suspension or revocation shall also apply
to any other location within the Village operated by the holder for
which the license or permit is required;
D.
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;
E.
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
F.
Any combination of the above.
Prior to the issuance of an order by the Board of Trustees or
the Board of Trustees' designee pursuant to this article, the
Board of Trustees or the Board of Trustees' designee shall give
notice and opportunity for a hearing to the owner, lessor, lessee
and mortgagee of the 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 such order of the
Board of Trustees or the Board of Trustees' 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.
A.
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 charges 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, lessees, mortgages and such
other persons.
B.
Upon the written directive of the Board of Trustees or the Board
of Trustees' designee following the posting of an order issued
pursuant to this article, officers of the Saratoga County Sheriff's
Office and the Village Code Enforcement Office are authorized to act
upon and enforce such orders.
C.
Where the Board of Trustees or the Board of Trustees' designee
closes a building, structure or place pursuant to this article, such
closing shall be for such period as the Board of Trustees or the Board
of Trustees' 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 article. If the owner, lessor or lessee files a bond
in an amount determined by the Board of Trustees or the Board of Trustees'
designee, which amount shall not exceed the value of the building,
structure or place ordered to be closed, and submits proof satisfactory
to the Board of Trustees or the Board of Trustees' 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 Board of Trustees
or the Board or Trustees' designee, then the Board of Trustees
or the Board of Trustees' designee may vacate the provision of
the order that directs the closing of the building, structure or place.
D.
A closing directed by the Board of Trustees or the Board of Trustees'
designee pursuant to this article shall not constitute an act of possession,
ownership or control by the Village of the closed building, structure
or place.
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 Board of Trustees or the
Board of Trustees' designee. Mutilation or removal of a posted
order of the Board of Trustees or the Board of Trustees' 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 Board of Trustees or the Board of Trustees' designee
pursuant to this article, 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.
The Board of Trustees or the Board of Trustees' designee
may promulgate rules and regulations to carry out and give full effect
to the provisions of this article.