Village of Groton, NY Article III Administrative Remedies for Property and Building Nuisances

§ 152-12 Applicability.

This article shall be applicable to the public nuisances defined in Article I of this chapter.

§ 152-13 Powers of Mayor with respect to public nuisances.

A. In addition to and as an alternative to the enforcement procedures established elsewhere, the Mayor or the Mayor's designee, after notice and opportunity for a hearing may, pursuant to Article I, § 152-3, deem the existence of a public nuisance as such is defined thereunder and shall thereafter be authorized:

(1) To order the closing of the building, erection, place, or place of business to the extent necessary to abate the nuisance; or

(2) To suspend for a period not to exceed six months or revoke for a period of one year a certificate of use issued for such premises, and to prevent the operator from obtaining a new certificate of use for another location for the period of suspension or revocation; or

(3) 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 premises, which suspension or revocation shall also apply to any other locations operated by the holder for which the license or permit is required; or

(4) To revoke for a period of five years eligibility to secure grants or loans from the Village of Groton; or

(5) Any combination of the above.

B. Service of notice.

(1) Prior to the issuance of orders by the Mayor or the Mayor's designee pursuant to this section, the Mayor or the Mayor's designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building, erection 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 of the Mayor or the Mayor's designee is recorded in the office of the County Clerk shall be presumed to be 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.

(2) The lack of knowledge of 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.

(3) Every certificate of occupancy, certificate of zoning compliance and real property tax bill issued by any Village department shall state the number of nuisance points, if any, assessed against the premises as of the date of the record being issued.

C. Orders of the Mayor or the Mayor's designee issued pursuant to this section shall be posted at the building, erection or place where a public nuisance exists or is occurring in violation of law and shall be mailed to the owner of record thereof within one business day of the posting.

D. Five business days after the posting of an order issued pursuant to this section and upon the written directive of the Mayor or the Mayor's designee, officers of the Groton Police Department are authorized to act upon and enforce such orders.

E. Where the Mayor or the Mayor's designee closes a building, erection or place pursuant to this section, such closing shall be for such period as the Mayor or the Mayor'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 section. If the owner, lessor or lessee shall file a bond in an amount determined by the Mayor or the Mayor's designee, but which may not exceed the value of the property ordered to be closed, and submits proof satisfactory to the Mayor or the Mayor's designee that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, erection or place has been directed to be closed by the order of the Mayor or the Mayor's designee, then the Mayor or the Mayor's designee may vacate the provisions of the order that direct the closing of the building, erection or place.

F. A closing directed by the Mayor or the Mayor's designee pursuant to this section shall not constitute an act of possession, ownership or control by the Village of the closed premises, nor will it constitute a closure caused by a government for purpose of nonconformity under Chapter 200, Zoning, of the Code of the Village of Groton.

G. It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, erection or place, or portion thereof, ordered closed by the Mayor or the Mayor's designee. Mutilation or removal of a posted order of the Mayor or the Mayor's designee shall be punishable by a fine of not more than $250 or by imprisonment not exceeding 15 days, or both, provided such order contains therein a notice of such penalty.

H. Intentional disobedience or resistance to any provision of the orders issued by the Mayor or Mayor's designee pursuant to this section, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $5,000, or by imprisonment not to exceed six months, or both.

I. The Mayor or the Mayor's designee may promulgate rules and regulations to carry out and give full effect to the provisions of this section.

§ 152-14 Penalties for offenses.

A. Any owner who, having been served with a notice or order to remove any violation of this chapter or any nuisance, fails to comply therewith within the time fixed by law shall be guilty of an offense punishable for each offense by a fine or penalty not exceeding those set forth in Chapter 1, Article III, § 1-14 of the Code of the Village of Groton. Every day of such violation may be held to constitute a separate offense.

B. The term "owner" as used in this section shall include any person or persons deemed to be an owner or owners of property as set forth in Chapter 71, Buildings and Land, Unsafe, or Chapter 153, Property Maintenance, of the Code of the Village of Groton.

C. Violations of this chapter may also be referred to the Code Enforcement Department or any other appropriate municipal department and be prosecuted pursuant to Chapter 71, Buildings and Land, Unsafe, Chapter 153, Property Maintenance, or any other provision of the Code of the Village of Groton.