[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Plain 11-19-2012 by L.L. No. 3-2012. Amendments noted where
applicable.]
A.
The Board of Trustees finds that the quality of life for many residents
of the Village of Fort Plain is threatened by the deterioration of
some properties as well as by certain activities and patterns of behavior
engaged in by individuals living in close proximity to such residents'
homes. The Board further finds that such activities, behavior and
deteriorating properties constitute a public nuisance and finds that,
while it is in the public interest for Village officials to proactively
work with property owners to resolve certain problems before such
problems reach the level whereby they constitute a public nuisance,
it is necessary and desirable to create and empower the Village to
take certain actions either in conjunction with or apart from actions
taken by other agencies or departments of the Village of Fort Plain
utilizing the powers contained in other laws, without prejudice to
the use of procedures and remedies available to such other officials
under such other laws, in order to reduce the incidence of public
nuisances, enhance and protect the public health, safety and welfare
and improve the overall quality of life within the Village of Fort
Plain.
B.
BUILDING
DWELLING
ENFORCEMENT OFFICER
PREMISES
STRUCTURE
Definitions. The following definitions shall apply in interpretation
and enforcement of this chapter:
Any structure having a roof for the shelter, housing or enclosure
of persons, animals, chattels or property of any kind.
A building designed or used as the living quarters for one
or more families. The term "dwelling" shall be deemed to include an
automobile court, rooming house or tourist home.
That person designated by a majority of the Village Board
to carry out the duties of enforcement and administration of the Code
of the Village of Fort Plain.
A plotted lot or part thereof or unplotted lot or parcel
or plot of land, either occupied or unoccupied by any dwelling or
nondwelling structure, including the dwelling or structure thereon.
The combination of any materials, whether fixed or portable,
forming a construction, including buildings.
A.
For purposes of this section, a public nuisance shall be deemed to
exist whenever, through violation of any of the following provisions
resulting from separate incidents at a building, dwelling, premises,
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. 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.
B.
The following violations shall be assigned a point value of six points:
C.
Violations of following chapters of the Code of the Village of Fort
Plain shall be assigned a point value of four points:
|
Chapter No.
|
Chapter Title
| |
|---|---|---|
|
58
|
Animals
| |
|
69
|
Building Construction and Fire Prevention.
| |
|
125
|
Noise
| |
|
138
|
Property Maintenance
| |
|
153
|
Solid Waste
| |
|
178
|
Vehicles, Abandoned
|
D.
For purposes of this section, a conviction for an offense in a court
of competent jurisdiction or an administrative bureau shall not be
required. Instead, the Village shall prove by a preponderance of the
evidence that the violations have occurred. 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 and 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 and applied in accordance with the provisions of § 1.20,
Subdivision 13, of the Criminal Procedure Law, in any court of competent
jurisdiction shall constitute conclusive proof of a violation. Convictions
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.
A.
Upon the accumulation of any points pursuant to this chapter, the
Enforcement Officer shall give notice to the owner, lessee or mortgagee
of a building, dwelling, or structure or place wherein the public
nuisance is being conducted, maintained or permitted. Such notice
shall be served upon an owner or mortgagee pursuant to Article 3 of
the Civil Practice Law and Rules and upon a lessee, mortgagee, or
some other person by certified mail, return receipt requested, to
the 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 the Court before the hearing. The person in whose
name the real estate affected by the orders of the Court is recorded
in the office of the County Clerk shall be presumed to be the owner
thereof.
B.
The notice, as set forth in Subsection A of this section, shall:
(1)
Provide the specifics of the activity or activities creating the
public nuisance.
(2)
Advise that there are 30 days for the elimination of the public nuisance.
(3)
Inform the person to whom it is directed of his/her right to apply
within 10 days of service of the notice for a hearing before the Enforcement
Officer.
(4)
Inform the owner or any other person directly in control of the building,
dwelling, premises, structure or place that, upon the expiration of
30 days after service, without a hearing before the Enforcement Officer
or upon noncompliance with any agreement reached at a hearing or a
finding that a public nuisance exists, the Enforcement Officer shall
ask to obtain compliance by commencing a proceeding with the Town
Court, Town of Minden.
(5)
Inform the owner or any other person directly in control of the building,
dwelling, premises, structure or place of the obligation to post a
copy of the notice within five days in a conspicuous place, so that
all occupants or others entering the premises shall be on notice that
a public nuisance has been determined as being conducted, maintained,
or permitted on the premises and that, upon 30 days after service
of notice, the Enforcement Officer shall act to obtain compliance
as provided in this chapter, including, but not limited to, closing
the premises.
A.
Upon accumulation of points sufficient to constitute a public nuisance,
and after not being able to resolve the same at the notice of hearing
stage, the Enforcement Officer shall issue an appearance ticket, together
with an information specifying the basis for the alleged public nuisance,
to the owner, lessee or mortgagee of any building, dwelling, premises,
structure or place where a public nuisance is alleged to exist, served
on such person in accordance with this chapter and returnable in the
Town Court of the Town of Minden.
B.
The appearance ticket, together with the information, shall be served
as follows: 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. The person in whose name the real
estate affected by the orders of the Court is recorded in the office
of the County Clerk shall be presumed to be the owner thereof. Proceedings
shall be commenced in the manner in this chapter within 60 days after
the occurrence of the most recent violation cited in the information.
The lack of knowledge of, acquiescence or participation in,
or responsibility for a nuisance on the part of the owner, mortgagee,
or any other person directly or indirectly in control of or having
any interest in the building, dwelling, premises, structure or place
used in conducting or maintaining the public nuisance shall not be
a defense by such owner, mortgagee or other person.
A.
After notice and opportunity for a hearing upon such notice, upon
a determination that a public nuisance does exist upon proceedings
in the Town Court of the Town of Minden with respect to the appearance
ticket and information, the Court shall be authorized to order any
of the following:
(1)
The vacating of the building, dwelling, premises or place, or a portion
thereof, where the nuisance is found to have occurred, to the extent
necessary to abate such nuisance.
(2)
The closing of the building, dwelling, premises, structure or place,
or a portion thereof, where the nuisance is found to have occurred,
for up to a period of six months.
(3)
The suspension for a period not to exceed six months or revocation
for a period of six months of any occupational license or permit issued
by the Village related to the conduct of a business or trade at the
premises, which suspension or revocation shall also apply to any other
locations operated by the holder for which the license or permit is
required.
(4)
The imposition of a fine not to exceed $1,000 upon the owner or other
person having control of the premises, either directly or indirectly,
or the lessor or lessee of the building, dwelling, premises, structure
or place where the nuisance is found to have occurred, and such person
has been served and the Court has jurisdiction over such person.
(5)
Any combination of the above.
B.
Orders of the Town Court, or of any other court of competent jurisdiction,
issued pursuant to this section shall be posted at the building, structure
or place where a public nuisance exists or is occurring in violation
of law and shall be mailed, by certified or regular mail to the owner
of record thereof within one business day of the posting.
C.
Five business days after the posting of an order issued pursuant
to this section and upon written directive of the enforcement orders,
officers of the Fort Plain Police Department are authorized to act
upon and enforce such orders.
D.
Where the building, dwelling, premises, structure or place is closed
pursuant to this section, such closing shall be for such period as
the Court may direct, but in no event shall the closing be for a period
of more than six months from the posting of the order pursuant to
this section. If the owner, lessor or lessee shall file a bond in
an amount determined by the Court, but which may not exceed the value
of the property ordered to be closed, and submit proof satisfactory
to the Court 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 Court,
then the Court may vacate the provisions of the order that direct
the closing of the building, structure or place.
E.
A closing directed by the Court pursuant to this section shall not
constitute an act of possession, ownership or control of the closed
premises by the Village.
F.
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 portion thereof ordered closed in accordance with this chapter.
Mutilation or removal of a posted order of the Court shall be punishable
by a fine of not more than $250 or by imprisonment not exceeding 15
days, or both, provided that such order contains therein a notice
of such penalty.
G.
Intentional disobedience or resistance to any provision of the orders
issued by the Court pursuant to this section, 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.
H.
The Enforcement Officer may promulgate rules and regulations to carry
out and give full effect to the provisions of this section.
I.
Each day a violation continues shall constitute a separate offense.
Neither the Village of Fort Plain nor any officer, agent or
employee thereof shall be personally liable for any damage or claim
deemed to result from any official determination, order or action
required or permitted by or under this chapter.
