Town of Geddes, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Geddes as indicated in Article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Declaration of legislative findings. The Geddes Town Board finds that public nuisances exist in the Town of Geddes in the operation of certain establishments and the use of property in flagrant violation of the penal laws relating to controlled substances, dangerous drugs, prostitution, stolen property and illegal use or possession of weapons, all of which substantially and seriously interfere with the interest of the public in the quality of life and total community environment, commerce in the town, property values and the public health, safety and welfare. The Town Board further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the Town of Geddes and the business thereof and the visitors thereto.
B. 
It is the purpose of this article to authorize and empower the Chief of Police to impose sanctions and penalties for such public nuisances, and such power 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 further finds that the sanctions and penalties imposed by the Chief pursuant of 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 town and to promote the general welfare.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Town Board of the Town of Geddes.
CHIEF
The Chief of Police of the Town of Geddes.
MORTGAGEE
The person who is listed as the mortgagee of any unsatisfied otherwise open mortgage on the premises recorded in the Onondaga County Clerk's Office.
OWNER
The person in whose name the premises affected by the order is recorded as the owner in the Onondaga County Clerk's Office.
PREMISES
The building, place or property whereon the public nuisance is being conducted or exists.
PUBLIC NUISANCE
For purposes of this article, is declared to exist when:
A. 
A violation of Article 220, 221, 230 or 265 or § 165.40, 165.45, 165.50, 170.65, 170.70 or 175.10 of the New York State Penal Law, or § 415-a of the New York Vehicle and Traffic Law or § 65, 82 or 123 of the Alcoholic Beverage Control Law has resulted in two or more arrests under Article 220, 221, 230 or 265 or § 165.40, 165.45, 165.50, 170.65, 170.70 or 175.10 of the New York State Penal Law, or § 415-a of the New York State Vehicle and Traffic Law or § 65, 82 or 123 of the Alcoholic Beverage Control Law within the twenty-four-month period of time prior to the arrest required in § 142-2B below, where said arrests have been predicated on events, circumstances or activities on the premises; and
B. 
Either one of the following:
(1) 
An arrest for a violation of Article 220, 221, 230 or 265, or § 165.40, 165.45, 165.50, 170.65, 170.70 or 175.10 of the New York State Penal Law, or § 415-a of the New York State Vehicle and Traffic Law or § 65, 82 or 123 of the Alcoholic Beverage Control Law, within 120 days prior to the issuance of notice pursuant to this section, where said arrest has been predicated on events, circumstances or or activities occurring on the premises.
(2) 
Discovery by any law enforcement agency, or duly authorized agent thereof on the premises, of an illegal weapon, the possession of which would subject an individual, if prosecuted, to a conviction under Article 265 of the New York State Penal Law, a quantity and quality of drug or substance, the amount of which would subject an individual, if prosecuted, to a conviction of Article 220 or 221 of the New York State Penal Law or stolen property, the possession of which would subject an individual, if prosecuted, to a conviction under § 165.40, 165.45, 165.50, 170.65, 170.70 or 175.10 of the New York State Penal Law or of § 415-a of the New York State Vehicle and Traffic Law, which discovery has not led to an arrest or conviction, within 120 days prior to the issuance of notice pursuant of this section.
TOWN ATTORNEY
The Town Attorney of the Town of Geddes.
In addition to the enforcement procedures established elsewhere in this article, the Chief, after notice and opportunity for a hearing, shall be authorized to:
A. 
Order the discontinuance of such activity at the premises where such public nuisance exists; and/or
B. 
Order the closing of the premises to the extent necessary to abate the nuisance.
A. 
Prior to the issuance of an order by the Chief, pursuant to this article, the Chief shall give notice and opportunity for a hearing to the owner and any other person directly or indirectly in control of the premises wherein the public nuisance is being conducted, maintained or permitted. Such notice and opportunity to be heard may be given to a mortgagee of the premises. Such notice shall be served upon an owner or any other person directly or indirectly in control of the premises pursuant to Article 3 of the New York Civil Practice Law and Rules, 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 the Court.
B. 
Such notice shall:
(1) 
Specify the activity creating the nuisance;
(2) 
Provide 30 days for elimination of the nuisance;
(3) 
Inform the person to whom it is directed of their right to apply within 10 days of service of the notice for a hearing before the Chief;
(4) 
Inform the owner or any other person directly or indirectly in control of the premises that upon the expiration of 30 days after service without a hearing before the Chief, or upon noncompliance with any written agreement reached at the hearing, the Chief shall act to obtain compliance as provided by this article; and
(5) 
Inform the owner or any other person directly or indirectly in control of the premises of the obligation to post a copy of the notice within five days, in a conspicuous place, so that all premises occupants and others entering the premises shall have notice that the public nuisance is being conducted, maintained or permitted on the premises and that upon expiration of 30 days after service of the notice, the Chief shall act to obtain compliance as provided in the article, including, but not limited to, closing the premises.
The lack of knowledge of; acquiescence or participation; or responsibility for a public nuisance on the part of the owner, mortgagee or any other person directly or indirectly in control of the premises, or having any interest in the premises or in any property, real or personal, used in conducting or maintaining the public nuisance, shall not be a defense by such owner, mortgagee or other person.
The Chief shall issue the order provided for in § 142-3 of this article by posting said order on the premises wherein the public nuisance is occurring and mailing a copy by first class mail of said order to the owner, mortgagee or any other person directly or indirectly in control of the premises within one business day of the posting of said order on the premises.
A. 
No sooner than five business days after the issuance of an order pursuant to §§ 142-3 and 142-6, and upon the directive of the Chief, officers of the Town of Geddes Police Department are authorized to act upon and enforce such order.
B. 
Where the Chief closes a premises pursuant to this section, such closing shall be for a period as the Chief may direct, but in no event shall the closing be for a period of greater than one year from the issuance of the order.
C. 
Upon receiving a copy of the order issued by the Chief, pursuant to §§ 142-3 and 142-6, the Town Attorney shall maintain a special proceeding to affix a civil penalty in the amount of $500 and to collect any costs and expenses incurred by the Town of Geddes in commencing the proceeding, closing the premises and in relocating any occupants on the premises. The Town Attorney shall file a notice of pendency of the proceeding in the Onondaga County Clerk's Office.
D. 
The judgment in such proceeding, in favor of the Town of Geddes, shall establish the penalty sued for with costs and disbursements as a lien upon the premises, subject only to taxes, assessment, water rates, mortgages and mechanics' liens as they exist thereon.
A. 
The Town Attorney shall have the power, on ex parte application to any court of competent jurisdiction, to appoint a receiver of rents and profits of the premises for the purpose of collecting the civil penalty established pursuant to § 142-7 and abating the nuisance. The receiver shall have the powers, duties and rights of a receiver of rents and profits of real estate; provided, however, that the Town Attorney shall act as counsel to the receiver and that the receiver shall not be allowed any expenditure for counsel fees, and the receiver's commissions shall be no greater than 10% of the receiver's collection from the premises, which sum shall be full compensation for the receiver's services and those of any agent or agents whom the receiver may retain. The receivership shall continue until the amount of the Town of Geddes' liens, with interest thereon at the rate of 9%, and the receiver's commission have been fully paid and the nuisance abated; provided, further, that nothing in this § 142-8 shall be construed to prevent any prior lienor from applying to a court in a proper case for a receiver of the premises.
B. 
At any time after the entry of any judgment establishing a lien upon the premises, the Town Attorney, on behalf of the Town of Geddes, may apply to a court for leave to sell the premises. Upon such application, the court may order the premises sold at public auction subject to taxes, assessments, water rates, mortgages and mechanics' liens.
A closing directed by the Chief, pursuant to this article, shall not constitute an act of possession, ownership or control by the Town of Geddes of the closed premises.
A. 
It shall be a misdemeanor for any person to use or occupy, or to permit any other person to use or occupy, the premises or any portion thereof ordered closed by the Chief.
B. 
Mutilation or removal of a posted order of the Chief 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.
C. 
Intentional disobedience of or a resistance to any provision of the order issued by the Chief, in addition to any other punishment by law, shall be punishable by a fine of not more than $500 or by imprisonment not exceeding six days, or both.
The Chief may promulgate rules and regulations to carry out and give full effect to the provision of this article.
Neither the Town of Geddes, nor any officer, agent or employee of the Town of Geddes shall be personally liable for any damage resulting from any official determination, order or action required or permitted by or under this article.