Hearing on nuisance law Tuesday

By Matthew Saari

A proposed law would give the Whitehall Village Board the authority to remove a structure’s license of occupancy.

A public hearing will be held Tuesday on a proposed law that, if passed, will give the Whitehall Village Board the authority to remove a structure’s license of occupancy.

The hearing will be at the beginning of the village board’s regular monthly meeting at 6 p.m.

“The village has had an ongoing issue with grass, weeds, garbage,” Mayor Phil Smith said, explaining why the measure is being considered.

Often times, Smith said, the recurring problems are due to the same individuals, time and time again. This measure should address that issue.

“It’s reoccurring with the same people,” he said. “Not always, but that seems to be the problem.”

The proposed law utilizes a point system that will be assessed on properties, and should a specific property earn more than 12 points within a six-month period or 18 points within a 12-month period, remedial action up to and including the revocation of the structure’s certificate of occupancy can occur. For “multi-dwelling” properties with four or more units, the threshold increases to 18 points in six months and 24 points in 12 months.

Offenses are categorized based upon severity, with certain infractions earning six points and others earning only three points.

Six-point violations are mostly criminal in nature such as assault, homicide, sex offenses, burglary, gambling, prostitution, disorderly conduct, petit larceny, harassment and criminal mischief.

Three-point offenses are minor in nature and are derived from local laws such as the 1965 abandoned vehicles law, the 2013 prohibition on encumbering sidewalks or public streets and the recently passed noise ordinance.

Under this law, it does not solely fall upon the local code compliance officer to patrol the streets and avenues of the village in search of violations. Instead the village board can utilize police and arrest reports to earmark a nuisance property.

Once designated a nuisance property, the “person responsible for property” must then “abate the nuisance” which can include cleaning, painting, repairing or demolition. The village can also levy a $1,000 fine upon the owner, lessor or lessee of the property.

If the nuisance is severe enough, the village board can be authorized to suspend for six months or revoke for one year “any occupational license” associated with doing business at the location or even shutter the building completely.

If someone opts to continue to utilize the building once the town closes it down, that person can be charged with a misdemeanor.