Mayor Barlow Proposes Nuisance Law

Mayor Billy Barlow. Photo courtesy of City of Oswego.

OSWEGO – Mayor Billy Barlow announced today his proposal to introduce and pass a new ordinance in Oswego he is calling the “Nuisance Law,” designed to target properties that consistently create disturbances in residential neighborhoods.

Barlow’s proposal creates a Nuisance Abatement Committee, comprised of the City Attorney, Chief of Police and Director of Code Enforcement, granting the ability to revoke a rental permit or order the complete closure of a building if criminal convictions, frequent police investigations, persistent code violations or consistent general disturbances are created.

The new law is proposed to replace an outdated “points system” used and widely deemed ineffective to track consistently problematic properties in neighborhoods by holding both tenants and landlords accountable.

The law would allow the newly created Nuisance Abatement Committee to act on a property when there have been two criminal convictions within twelve months associated with a property or activities that result in numerous police investigations within three months, among other qualifying criteria.

Once a property meets the criteria, the property owner and/or tenant would be entitled to a hearing in front of the Nuisance Abatement Committee before a ruling on suspension or revocation of permits or licenses ranging from six months to one year in length.

“The Nuisance Abatement Law will be a great tool to curtail criminal or disruptive behavior in our neighborhoods,” Barlow  said. “All too often, a single house on any given block can cause relentless disruption to several neighbors in the area.  While our code enforcement and police department spends countless hours responding and reacting to this problematic behavior, it often takes too long or is too difficult to build a case that prompts an action to rectify a situation and offer relief to neighboring homeowners… The Nuisance Abatement Law will hold tenants accountable, put property owners on notice and give neighbors and law enforcement an opportunity to put a stop to disruptive and inconsiderate behavior.  The proposed legislation puts a standardize process in place to take control of problematic and disruptive properties, offers possible relief for nearby home owners and will improve our neighborhoods.”

“Mayor Barlow’s proposed nuisance law will build on our current plan of streamlined reporting and collaboration between city departments to enhance our neighborhoods,” said Chief of the Oswego Police Department Phil Cady. “It also gives residents a voice when there is a problem property in their neighborhood.”

“The proposed Nuisance Law will give code enforcement and the Oswego Police Department the tools we need to put an end to disruptive properties throughout Oswego,” Director of Code Enforcement Curt Miller said. “Quite often, we encountered properties that tend to be problematic and disruptive, but don’t necessarily have violations within the property maintenance code.  This law gives us the ability to partner with the police department to address issues in our neighborhoods that fall outside the property maintenance code but consistently cause neighborhood disruption.”

“The current law is unworkable, and leads to frustration over how and when to assess points against a property,” City Attorney Kevin Caraccioli said. “The new law will help to streamline enforcement and ensure that problem properties known to exist everywhere in the city are held accountable, and the criminal elements weeded out, while empowering nearby homeowners to take back their neighborhoods.”

Barlow’s proposed law is similar to a law that has been recently passed and utilized in the City of Auburn.  The Common Council will consider the legislation during the Monday, June 15 Physical Services Committee meeting at 6:30 p.m.  The public can join live watching the City of Oswego YouTube channel.

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4 Comments

  1. As a landlord I feel I can speak for most landlords in Oswego it is never my intention to rent to a problematic tenant. That being said it does happen occasionally. I would hope that part of this nuisance law would help the landlord remove/ evict the problematic tenant in a quick and efficient way. The very few times I have had this type of situation my hands have been tied by the court system and the lengthy wait for proper eviction procedures. Under these circumstances I do not feel that penalizing the landlord and asking us to make time and dedicate our resources in order to justify to your committee our lack of ability to remove the tenant. I would ask that you create a system/ law to aid us in the prompt removal of the tenant. We don’t want them and the problems they create any more than the city does. Please give us the tools necessary to do our jobs effectually. If you find happen to find your ( city) hands are tied because of the new state laws regarding tenant protections. Please don’t hold us ( landlords ) responsible for our tenants actions. I am sure I speak for the landlords in Oswego. We need better tools/ laws the tenant should answer for their own actions.
    Respectfully
    Oswego landlord

  2. Lisa Shaw, I hear what you are saying, However if in your lease or rental agreement you make it in writing that you have the right to evict the tenant for any of a list of violation, such as listed by the city. if you do so your eviction will hold up in court. And yes courts are slower than a snail some times. But if all you do is rent on a month by month basis and no list you have lost your right to evict except for failure to pay rent and you are at the courts ruling and you more than likely won’t have a leg to stand on…Good luck.

  3. What happens if a neighbor doesn’t like people that are renting in the neighborhood? Constantly call the police over nothing just because they don’t like the tenants. How do you know that won’t happen and people get tossed out. Looks like we’re going to be a city of homeless even more than we are already….

  4. Joe, in the case of a neighbor not liking the renter’s, it may not be as simple as it sounds. There would be a hearing before the Nuisance Abatement Committee. A lot will depend how how fast or slow the committee is able to act. I think it sounds like a ood program.

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