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City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
Code
New Laws (3) Index Notes (14)
[Added 10-6-1997 by Ord. No. 97-27]
A. 
The City Council of the City of Schenectady finds that there is an increasing use of real property within the City of Schenectady for the purpose of flagrant violations of the penal laws relating to dangerous drugs and illegal firearms. The City Council also finds that such use continues even after the interdiction by police authorities, with repeated offenses being committed at the same properties.
B. 
The City Council finds that this situation seriously interferes with the interest of the general public in the areas of quality of neighborhood life and environment; diminution of property values; safety of the public upon the streets and sidewalks; and increasing costs of law enforcement as a result of these illegal activities.
C. 
The City Council, therefore, finds it in the public interest to authorize and empower the appropriate City officials to impose sanctions and penalties for such public nuisances as an additional and appropriate method of law enforcement in response to the apparent proliferation of these public nuisances without prejudice to the use of any other procedures and remedies available under any other law.
For purposes of this article, the following are declared to be public nuisances:
A. 
Any room, building, structure, inhabitable structure or portion thereof which is used for the illegal use, possession or selling of controlled substances and/or illegal firearms as enumerated in the Penal Law of the State of New York and the Laws of the United States of America.
B. 
For purposes of this chapter, inhabitable structures defined in accordance with the provisions of § 167-6 of the Code of the City of Schenectady.
C. 
For purposes of this chapter, illegal use, possession or selling of controlled substances or marijuana and/or illegal firearms shall be defined as any use, possession or selling of controlled substances or marijuana and/or illegal firearms which is unlawful under federal or New York State laws.
[Amended 12-1-1997 by Ord. No. 97-31]
In addition to the enforcement procedures established elsewhere in the Code of the City of Schenectady, the Mayor or his designee, after notice and hearing, as hereinafter required, shall be authorized to:
A. 
Order the discontinuance of such activity at the room, building, structure, inhabitable structure, or any portion thereof, where such public nuisance exists; and/or
B. 
Order the closing of said room, building, structure, inhabitable structure, or portion thereof, to the extent necessary to abate the nuisance, as prescribed hereafter.
A. 
Whenever the Department of Neighborhood Revitalization, or its successor agency, is notified that a search warrant has been issued and executed for any room, building, structure, inhabitable structure or portion thereof in the City of Schenectady and that controlled substances or marijuana, as defined in the New York State Penal Law, have been confiscated as a result of said search warrant; or that an arrest has been made in any room, building, structure, inhabitable structure or portion thereof, and that controlled substances or marijuana have been confiscated as a result of said arrest, said Department shall cause a notice to be served on all owners of said room, building, structure, inhabitable structure or portion thereof notifying them of a violation of this chapter. The notice shall advise the owners that the property will be declared a public nuisance if there are any additional violations of this article. Said notice shall be given in accordance with Subsection D of this section.
[Amended 12-1-1997 by Ord. No. 97-31]
B. 
Upon notice to the Department of Neighborhood Revitalization, or its successor agency, of a subsequent violation of this chapter within a period of three years of the initial notice under this chapter, that Department shall thereafter send a notice to all owners and mortgagors that a public nuisance may exist under this chapter and that if said nuisance is not abated within 14 days of the date of the notice the Mayor may direct the Commissioner of the Department of Neighborhood Revitalization to take action pursuant to this chapter. Said notice shall be in accordance with Subsection D of this section.
C. 
If the notified parties fail to provide evidence of substantial abatement of the nuisance at the end of the fourteen-day period, the Department of Neighborhood Revitalization may give notice of a hearing to be conducted before the Mayor, or his designee, under the provisions of this chapter. All interested parties, including owners, lessees, mortgagors, tenants and neighbors of the property, may attend the hearing and present testimony. Notice of said hearing shall be given in accordance with Subsection D of this section.
D. 
All notices required herein shall be served by means of certified mail, return receipt requested, sent to the last known address of the required party. If a signed, return receipt is not received within 14 days of mailing, a copy of the notice shall be served in the manner provided for service of a summons under the New York State Civil Practice Law and Rules. In the event that said notice cannot be served as prescribed above within 30 days of the original attempt, posting said notice in a conspicuous place on said premises shall be sufficient.
E. 
In addition to any notice served pursuant to Subsection D of this section, all notices of hearings before the Mayor or his designee shall be posted in a conspicuous place on the premises involved.
F. 
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.
A. 
Within ten business days of the mailing of the notice and the posting of the notice, at a time and place as contained in said notice, the Mayor, or his designee, shall commence a hearing for the purpose of determining whether a public nuisance exists under this chapter. Each person designated to receive notice above shall be given an opportunity to present evidence, under oath, and to be represented by counsel. The Mayor or his designee shall have the power, on his own motion, to subpoena witnesses and to take testimony, under oath, pertaining to all relevant matters. The Mayor or his designee may continue all or part of a hearing, if necessary, to conclude the investigation.
B. 
As part of his deliberations, the Mayor or his designee shall determine whether the violation of this chapter is a significant, continuous, and unreasonable interference with rights common to all members of the community in general, such as public health, safety, peace, morals, or convenience. In determining whether a room, building, structure, inhabitable structure, or portion thereof should be closed as a result of a violation under this chapter, the Mayor or his designee shall consider, in addition to all other relevant factors, the impact of the closure on innocent parties.
C. 
At the conclusion of the hearing, the Mayor, or his designee, may issue an appropriate order. Results of the hearing shall be mailed to the owner and any known mortgagee, by means of certified mail, return receipt requested. Any person or organization present at the hearing may request a copy of the order. A copy of said order shall also be posted at the premises within 48 hours of the decision. Five days after the posting of an order issued pursuant to this chapter, not excluding Saturday and Sunday, officers of the Schenectady Police Department, and in addition any other person authorized under this chapter to issue appearance tickets, are authorized to act upon and enforce such orders.
A. 
Where the Mayor or his designee orders a closing of a room, building, structure, inhabitable structure, or portion thereof, as a result of a violation of this chapter, such closing shall be for a period as the Mayor or his designee may direct, but in no event shall the closing be for a period longer than one year from the date of the posting of the order. If the owner, lessor or lessee shall submit proof satisfactory to the Mayor that the nuisance has been abated for a period of 60 days, then the Mayor may vacate the provisions of the order directing closure, or modify said order.
B. 
A closing directed by the Mayor or his designee pursuant to this section shall not constitute an act of possession, ownership or control by the City of Schenectady of the closed premises.
C. 
The Mayor or his designee shall order all appropriate steps to be taken in the event of a closure to completely secure the property from use during the period of closure, and all City departments and agencies shall assist the Mayor or his designee. In the event that said steps are not taken by the owner of the property, the Mayor or his designee may direct that the Department of Neighborhood Revitalization shall take all appropriate steps to undertake and complete the work necessary to secure the property and shall charge the owners of the property benefited thereby.
In the event that the owner(s) do not promptly reimburse the City for necessary steps taken, the Department of Neighborhood Revitalization shall certify and report the charges to the Department of Finance. Costs incurred under this article shall be paid out of the municipal treasury upon certification of the Department of Neighborhood Revitalization. Any person issued a notice pursuant to any provision of this chapter shall be subject to an administrative fee of $50. Such costs, together with said fifty-dollar administrative fee, shall be charged against the land on which the building existed as a municipal lien or cause such cost and/or administrative fee to be added to the tax rolls as an assessment or to be levied as a special tax against the land upon which the building stands or did stand or to be recovered in a suit at law against the owner.
The Commissioner of Neighborhood Revitalization may promulgate rules and regulations to carry out and give effect to the provisions of this chapter, as needed, and it shall be a general violation of the City Code for any person to violate any rule or regulation promulgated hereunder.
It shall be a violation of this article for any person to use or occupy or to permit any other person to use or occupy any room, building, structure, inhabitable structure, or portion thereof, ordered closed by the Mayor, or his designee, pursuant to this chapter. Mutilation or removal of a posted order of the Mayor or his designee shall also be a violation of this article. Any violation of this article shall be punishable by a fine of not more than $500 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment. Violation of a rule or regulation only, promulgated by the Commissioner of Neighborhood Revitalization, shall be a general violation of the City Code.