6/02/2010

Nuisance Law 1.2

Posted by MJ

Recieved an update of the Nuisance Law draft.

Notible updates:

The Nuisance Abatement Board is no longer made up of council members:

“Nuisance Abatement Board” – The Board shall consist of five (5) members (one from each ward) to be appointed by the Mayor, with the advice and consent of Council. Initial appointments to the Board shall be made as follows: Two members shall be appointed for a term of one year; two members shall be appointed for a term of two years; and one member shall be appointed for a term of three years. Subsequent appointments or reappointments shall be made for terms of three years. A vacancy shall be filled for an expired term in the manner in which the original appointment was made. A simple majority of the Board shall constitute a quorum.
There is now the path of a Nuisance Abatement Agreement
At any time and at the Board’s discretion, the City may enter into a written Nuisance Abatement Agreement with the property owner wherein the property owner agrees to take specific actions, as approved by the City, to abate, terminate or eliminate the public nuisance activity on the property in exchange for the City of Lockport reserving its rights and agreeing not to initiate any of its enforcement remedies pursuant to Section 255-45 of this article against the property during the term of the Agreement, provided that the property owner complies with the terms and conditions of the Nuisance Abatement Agreement and the conditions or violations causing the public nuisance activity on the property are abated, terminated or eliminated.
Also addressed are the removal of points based on time since the infraction:
The points assessed to the property shall remain on the property if:
(a) The property owner fails to request a reconsideration of the points by the Nuisance Abatement Board pursuant to Section 255-46B (3)
(b) Following the property owner’s request for reconsideration under Section
255-46B (3), the Nuisance Abatement Board determines that the points assessed to the property were merited; or
(c) The points remain on the property for approximately one year after the points become officially assessed against a property. After one year, the Nuisance Abatement Board shall remove the points assessed to the property.

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