The Village Board of the Village of Johnson City finds that
public nuisances exist in the Village of Johnson City in the operation
of certain establishments and the use of property in flagrant violation
of certain Penal Law and Municipal Code provisions, which nuisances
substantially and seriously interfere with public health, safety,
welfare, quality of life and total community environment, commerce
in the Village and property values. The Board further finds that the
continued occurrence of such activities and violations are detrimental
to the health, safety and welfare of the people of the Village of
Johnson City and of the businesses thereof and the visitors thereto.
It is the purpose of this chapter to authorize and empower the Village
Board to impose sanctions and penalties for such public nuisances,
which power may be exercised either in conjunction with or apart from,
and without prejudice to, any and all additional powers and remedies
conferred upon the Village Board by local, state and federal laws
and regulations. The Village Board further finds that the sanctions
and penalties imposed by the Village Board pursuant to this chapter
constitute an additional and appropriate method of law enforcement
in response to the proliferation of the above-described public nuisances.
The sanctions and penalties are reasonable and necessary in order
to protect the health and safety of the people of the Village and
to promote the general welfare.
This chapter shall be known as the "Property and Building Nuisance
Reform Law."
As used in this chapter, the following terms shall have the
meanings indicated:
Unless an extension has been granted, 30 calendars days from
the finding of a public nuisance.
[Added 7-19-2022 by L.L.
No. 12-2022]
A structure where space is covered or enclosed for the use,
shelter, storage or protection of persons, animals, chattel or property
of any kind, and which is permanently affixed to the land.
A building subordinate to the principal building on the lot
and used for purposes which are clearly related but incidental to
that of said principal building.
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold, or services offered.
A building or portion thereof utilized to accommodate the
activities of a business.
A conviction for an offense in a court of competent jurisdiction
or in or by an administrative agency or bureau shall not be required
to prove a violation under this chapter. Instead, the Village's burden
of proof shall be by a preponderance of the evidence that the violations
have occurred. However, a conviction, as defined and applied in accordance
with the provisions of § 1.20 of the Criminal Procedure
Law, in any court of competent jurisdiction, or a plea of guilty,
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.
Notwithstanding the provisions of Subsection A above, under no circumstances shall a conviction or a plea of guilty constitute a violation under this chapter where said conviction or plea stemmed from a crime committed at the building, apartment, structure or place in issue, and the crime was first reported by an owner or tenant of the property, place, building or, in the case of a multiunit building, the specific building unit where the crime occurred. Nor shall a conviction or a plea of guilty constitute a violation under this chapter where said conviction or plea stemmed from a domestic-violence-related incident that occurred at the building unit, building, apartment, structure or place in issue.
Actions, behavior, or conduct by a person or persons at a
particular location that disturbs the peace.
The presumption of knowledge provided by Subdivision 1 of
§ 235.10 of the Penal Law shall be applicable to this chapter.
Notice, by mail or personal service, of activities detailing a public
nuisance to the property owner of record shall be evidence of knowledge
of the public nuisance.
A parcel of land with or without buildings or structures
delineated by lot line and having access to a street as defined in
this chapter.
New York State Penal Law.
Any development or use of any land that at the time of its
establishment complied with the then-existing land use and zoning
requirements of the Village and where such use has not ceased for
more than 12 months; but that use would not be a permitted use under
the current land use and zoning requirements of the Village. A use
characterized as a preexisting nonconforming use shall lose its preexisting
nonconforming status due to a finding of public nuisance and thus
is not a permitted use.
[Added 7-19-2022 by L.L.
No. 12-2022]
For the purposes of Article II of this chapter, a public nuisance shall be deemed to exist whenever, through violations of any of the laws or regulations, or commission of any of the business-activity-related offenses listed in Subsection C below, the building, apartment, structure or place in issue, or immediately adjacent to the building, apartment, structure or place in issue, accumulates 12 or more points within a period of six months or 18 or more points within a period of 12 months in accordance with the point system described in the said Subsection C. 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. All references to statutes and codes in Subsection C below shall mean the statute or code provision in effect at the time this chapter is adopted and as may be amended from time to time.
Notwithstanding any contrary provisions of this chapter, under no circumstance shall points accumulate toward a public nuisance determination where violations are discovered during the course of an investigation by law enforcement or code enforcement personnel in response to a request for assistance by an owner, manager or tenant of the property, place, structure, building or, in the case of a multiunit building, the apartment where the violation occurred. Nor shall points accumulate toward a public nuisance determination where violations are discovered during the course of such an investigation in connection with a report of a domestic-violence-related incident at the apartment, building, property or place in issue, and the victim of said domestic violence is the owner, manager, or a tenant of the apartment, building, property, structure or place. Notwithstanding the above, an owner, manager or tenant who participates in or persistently condones or allows such public nuisance to occur shall not be entitled to the protection of this Subsection B.
Violations are assigned point values as follows:
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of two points:
Sections 240.36 and 240.37[1] of the Penal Law, Loitering in the first degree and Loitering
for the purpose of engaging in a prostitution offense.
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting or lewdness.
Chapter 236 of the Code of the Village of Johnson City, Solid Waste: three or more violations within a two-week period.
The Agriculture and Markets Law, Dangerous dogs:[2] where a dog is determined by a court to be a dangerous
dog but no human was attacked or injured.
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of four
points:
Disorderly conduct by an individual or individuals: three or
more violations within a two-week period.
Chapter 208 of the Code of the Village of Johnson City, Property Maintenance, or the New York State Uniform Fire Prevention and Building Code:[3] three or more violations within a two-month period.
Each repeat offense constitutes an additional violation and
warrants the assessment of an additional four points.
Disturbances of the peace at a particular location: three or
more violations within a two-week period.
Article 225 of the Penal Law, Gambling Offenses.
The Alcoholic Beverage Control Law.
Section 415-a of the Vehicle and Traffic Law, Vehicle dismantlers.
Sections 170.65 and 170.70 of the Penal Law, Forgery or illegal
possession of a vehicle identification number.
Possession, use, sale 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.
The Agriculture and Markets Law, Dangerous dogs:[4] where a dog is determined by a court to be a dangerous
dog and a human was attacked or injured.
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of six points:
Article 178 of the Penal Law, Criminal Diversion of Prescription
Medications and Prescriptions.
Article 220 of the Penal Law, Controlled Substances Offenses,
including sale or distribution of the same.
Article 221 of the Penal Law, Offenses Involving Marijuana.
Section 165.15, Subdivisions 6, 7, and 8, and §§ 165.40,
165.45, 165.50, 165.52, 165.54, 165.71, 165.72 and 165.73 of the Penal
Law, Theft of services, Criminal possession of stolen property, and
Trademark counterfeiting.
Article 158 of the Penal Law, Welfare Fraud.
Section 147 of the Social Services Law, Food stamp program fraud.
Section 2024 of Title 7 of the United States Code, Illegal Use
of Food Stamps.
Allowing persons in/on the building, property or place in issue
in excess of occupancy limits established by the New York State Uniform
Fire Prevention and Building Code.[5]
Section 3383 of the Public Health Law, Imitation controlled
substances.
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of 10 points:
Violations of the following laws and regulations and commission
of the following offenses shall be assigned a point value of 12 points:
Penal Law violations considered to be more serious than those enumerated in Subsection C(4) of this section, including but not limited to murder, attempted murder, felony assault, felony attempted assault, felony arson, felony attempted arson, felony sex offenses, felony attempted sex offenses and felony crimes related to the unlawful manufacture of methamphetamine or other illegal drugs.
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
Conduct, or evidence of conduct, prohibited under this chapter.
A violation does not require criminal prosecution and conviction but
only a preponderance of evidence that the prohibited conduct is occurring
or has occurred. Evidence of prohibited conduct and/or illegal business
activity conduct may include, but is not limited to, police reports,
investigative reports, execution of search warrants, results of police
surveillance, arrest and/or conviction based on 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
business activities at the property. Notwithstanding the foregoing,
evidence obtained during the course of responding to a request for
assistance at a property, place, building or, in the case of a multiunit
building, the specific building unit where the violation occurred
shall not constitute evidence of prohibited conduct under this chapter,
unless an owner, manager or tenant has participated in or persistently
condones or allows such public nuisance to occur.
An open area on a lot which is open to the sky and that is unoccupied by any land use or activity except as may otherwise be provided in Chapter 300, Zoning, of the Code of the Village of Johnson City.
A.
Evidence. In any action under this chapter, evidence in admissible
form of the common fame and general reputation of the building, apartment,
structure or place, or of the inhabitants or occupants thereof, or
of those residing thereto, shall be competent evidence to prove the
existence of a property or building nuisance.
B.
Scienter. Admissible evidence of the general reputation of the building,
structure or place, or of the inhabitants or occupants thereof shall
be prima facie evidence of knowledge of the nuisance and acquiescence
and participation therein and responsibility therefor on the part
of the owners, lessors, lessees, and all those in possession of or
having charge of, as agent or manager or otherwise, or having any
interest in any form in the property, real or personal, used in conducting
or maintaining the property or building nuisance.
