Issues
The primary function of the District Attorney’s Office must be to protect the innocent, prosecute the guilty, and foster better communications and relations with law enforcement and the community as a whole. Prosecutions have to be rendered in a firm and just manner, in accordance with the principles of equal protection and due process of law. In order to do this, we will prosecute crime more effectively and efficiently, maximize resources, get to the root cause of crime, support crime victims/educate consumers and work to preserve our quality of life. I intend to modernize the Ulster County District Attorney’s Office not only in our approach to fighting and prosecuting crime, but also in the equipment and resources we use to accomplish our goals. In addition, I want to change the role of the District Attorney from simply being the county’s chief prosecutor, to being the central community leader in our collective fight against crime. We are fortunate in Ulster County to have approximately twenty different law enforcement agencies working together to protect our community. Through strong leadership and the support of various unions representing the rank and file officers, Ulster County’s local law enforcement entities, particularly the Sheriff’s Department, have made great improvements in training and technology, making them modern public safety models. It will be important for the District Attorney to listen to the concerns and suggestions of the various law enforcement agencies and use their input to make the transformation into to a more modern and effective prosecutor’s office. Wherever possible, the District Attorney’s Office should work to enhance the police’s ability to effectively serve the community. The District Attorney’s should also be listening the concerns of parents, school boards and community groups. By holding regular open meetings for these purposes, the District Attorney’s office can remain up to date with the concerns of the community and law enforcement’s ability to address them.
I am strongly in favor of continuing the present investigation and potential prosecution of the Jail Debacle. A grand jury is currently hearing evidence of possible criminality surrounding the acquisition of the real property, pre-planning and construction of the Ulster County Law Enforcement Center. A grand jury consists of 23 citizens, meeting in private, to hear evidence presented by the prosecution. There is no judge presiding over the proceedings as they unfold; the District Attorney s Office functions as both prosecutor and legal advisor to the grand jury. Neither the public nor the press are permitted in the grand jury chamber. All evidence and testimony is presented by the prosecution. Although the grand jury may vote to request additional information, it is ultimately the D.A. who decides whether or not to present such evidence. Moreover, it is the D.A. who decides the individuals to be charged and which offenses will be considered by the grand jury. Therefore, the path of the grand jury investigation into the Jail Debacle is largely controlled by the District Attorney. As such, it is imperative that we elect someone who is unbiased and unencumbered by either party or personal affiliations. I will leave no stone unturned and be sure that the investigation concludes in a just and fair manner, to the benefit and satisfaction of the Ulster County tax payers. An ever increasing problem facing both our youth and our communities as a whole. In order to wipe out gang-related crime, we need to take several steps: First, the safety of the community is first. Violent gang offenders who terrorize our streets and neighborhoods will face top count prosecutions and lengthy prison terms when convicted. Successful prosecution will require early case evaluation, effective and efficient handling of evidence and witnesses. With so much at stake for the community and the defendants alike, these cases have to be prosecuted from a position of strength and competence. Second, the District Attorney’s Office must help law enforcement in investigating gang activity, helping them to identify the organization and structure of the gang organizations. The District Attorney’s Office will need to enhance the efforts of the police by assisting in the debriefing of gang-related subjects and negotiating for critical inside information that will insure the success of future prosecutions. Third, utilize local community-based organizations that are working with area youths to provide educational, conflict-resolution, self-discovery and physical activities to local children and adolescents with the goal of helping them make healthier life choices and steering them away from drugs, gang activity, and violence. Fourth, for those individuals involved in gang-related activity, but who are not committing serious violent crimes, intensive probation supervision is a cost effective way to help rehabilitation process. We cannot give up on our youth. We need to offer alternatives to incarceration that will enhance the community and help rehabilitate the offenders.
DRUG & ALCOHOL-RELATED OFFENSES Substance abuse presents a serious threat to the safety and welfare of our community. Drug & Alcohol-Related offenses can have a significant impact on the quality of life in a community, as well. I am in favor of a proactive approach to non-violent drug & alcohol-related offenders that protects the communities best interests, including periods of incarceration, where necessary. However, I am strongly opposed to the indiscriminate warehousing of non-violent substance abuse-related offenders, particularly where alternatives to incarceration have not yet been used. I strongly advocate the further reform of the infamous Rockefeller Drug Laws, so as to restore discretion in drug offenses to prosecutors and judges alike. In this position, I am even joined by State Senator Joseph Bruno, Majority Leader, and former Governor George Pataki, who, after working to enact initial reform a few years ago, each articulated their belief that the Rockefeller Drug Laws were in need of further reform. It is time for a new approach. Therefore, I stand for the use of alternatives to incarceration, particularly for youthful and first-time offenders. With an approximate cost per year of over $32,000.00 to house a single inmate in the state correctional system, we must look for more cost-effective ways to protect our communities. I also advocate utilizing those tools currently available under our law for repeat offenders. For example, qualified individuals with a greater history of substance abuse and related criminal behavior (such as larcenous behavior motivated by substance abuse), could be addressed through the Drug Treatment Court, currently being administered out of the Kingston City Court. At present, the Drug Treatment Court is one of the most under utilized programs in the local system; only 35 individuals are in a program with an estimated capacity of 100. In addition, we must make better use of programs within the N.Y.S. Department of Correctional Services system, such as Shock Incarceration (boot camp), sentences of Parole Supervision (Willard Drug Treatment Campus) and the use of the Comprehensive Alcohol & Substance Abuse Treatment Program (C.A.S.A.T.)
Early Case Evaluation & Investigation Crimes of violence against civilian and law enforcement victims alike, must take top priority in the District Attorney’s Office’s caseload. Making sure that victims receive the individual treatment they deserve and ensuring that sufficient investigation, legal research and general case preparation be employed takes a great deal of time and effort. With resources being as scarce as they are, it is critical that the District Attorney’s Office prioritize its cases. The Ulster County District Attorney’s Office handles approximately 1,500 felonies and 3,500 misdemeanors each year. Of those 1,500 hundred felonies, approximately 550 are crimes of violence. In order to prosecute criminal cases more efficiently and effectively, the District Attorney’s Office has to make a thorough and complete evaluation of its cases right from the start. In homicide cases, the District Attorney himself will evaluate all matters prior to authorizing an arrest. In all violent felony cases, the District Attorney’s Office will review the available information from the police and meet with the individual victims before filing the cases. An accusatory instrument (felony complaint) will be drafted and filed by the District Attorney’s Office, not the arresting law enforcement entity. If a case can be resolved in the beginning, a plea offer will be conveyed to the defendant on or before the first court appearance following the defendant’s arraignment. The sooner a case be successfully resolved, the more resources that can be devoted to difficult trial cases. Violent felonies will be handled by the same Assistant District Attorney from start to finish, in order to make for a more smooth prosecution and to make for a better working relationship between the prosecutor and the victim as well as the police handling the case. It will be the goal of the District Attorney’s Office to advise members of law enforcement on the methods and objectives for gathering evidence in all cases, especially homicides and violent felonies. The District Attorney’s Office will also seek to question on video tape those defendants who voluntarily chose to waive their right to remain silent, as well as individuals offering critical and/or potentially adverse testimony in certain cases. Moreover, the District Attorney’s office will seek to record crime scenes and the handling of key pieces of evidence on video tape as often as possible. By making a more thorough evaluation of cases at their earliest stages, the District Attorney’s Office can direct resources where they are truly needed. If a case must be indicted and prosecuted for serious crimes warranting lengthy incarceration, then the prosecution will be better equipped to successfully handle the case; to bring the defendant to justice more swiftly and provide the victims with closure while minimizing the additional trauma of reliving the crime as it slowly winds its way through the criminal justice system. If the matter can be disposed of in the earliest stages with some kind of a disposition, possibly even a lesser plea, then the District Attorney’s Office, the Court, the arresting agency and (in the case of poor defendants) the Public Defender, can preserve their resources by not keeping the case pending any loner than necessary to protect the community and render justice. Among the most volatile of all criminal situations, domestic violence remains the "dirty little secret" found within each and every hamlet in every county. Ulster County is certainly no different. It has been estimated that one in every four households is home to some form of domestic abuse, although no where near that number are actually reported. Regardless of the gender, sexual orientation, race or age of the victims and the offenders, cases involving spouses, parents or common law/domestic partners require a substantive analysis that goes beyond the facts of the case. Many domestic violence settings find a habitual abuser and a chronic victim, trapped in a cycle of abuse. The safety of the victim must be the primary goal, with further consideration also given to the domestic history of the parties, the existence of children in common and the effect of the abuse on them, the level of cooperation of the victim and the likelihood of repeat incidents of abuse. A thorough investigation of the case must be made at the earliest possible stage, with an eye toward resolving the matter as soon as possible in a manner that will be most advantageous to the physical and emotional safety and well being of the victim. Wherever possible, the Integrated Domestic Violence Court ("I.D.V.C.") will be utilized, so as to maximize available resources. Where the I.D.V.C. cannot be utilized, the District Attorney’s Office will strive to utilize the Family Court and its resources to resolve domestic violence related cases. Greater connections will be made between public and private social services organizations and domestic violence victims and offenders. Battered women’s groups, batterers programs, cellular telephone recycling programs (give old telephones to indigent domestic violence victims for emergency calls) only scratch the surface of what must be put in place to increase the level of protection for victims of domestic abuse. The District Attorneys Office will strive to create and foster innovative new programs to help protect victims and break the cycle of abuse. Sex offenses of every nature are violent crimes. Victims of sex offenses, both children and adults, are a vulnerable population with unique needs that must be addressed with great care. These cases must be prosecuted vigorously, while protecting the victims from further traumatization within the criminal justice system. This will be done employing a multi-disciplinary partnership that will first utilize a prosecutor specially trained and dedicated to the prosecution of sex offenses, and also include, among others, the Ulster County Family Violence Unit, the Department of Social Services and its Child Protective Services Unit, the Office of Mental Health, as well as private social services and support organizations. The District Attorney’s Office will also work to help educate the community about the dynamics of child abuse and to address the concerns of parents, educators, and community leaders to help heal the child victim as well as help prevent abuse before it occurs. The District Attorney’s Office will step up its involvement in the community’s fight against sexual predators. I support an integrated civil and criminal approach to this problem and will, where appropriate, encourage application of Article 10 of the Mental Hygiene Law calling for civil commitment and outpatient supervision beyond the criminal confinement and parole/probation supervision. I also support local ordinances restricting the ability of sexual predators to live and/or work near schools and day care centers. Crimes against children - ranging from endangering their health and moral well-being, to physical abuse to sexual abuse to homicide - require even more sensitive and specialized treatment. A multi-disciplinary partnership is important in the successful prosecution of these cases as well. The victims can be even more sensitive to the ills of the system than adults, requiring greater preparation and more thorough case evaluation to determine the limits of a cases strengths and weaknesses. Where the child is of school age, additional assistance may be warranted from educational professionals, to insure the best interest of the child is being pursued. Where crimes against children are perpetrated by family members, the District Attorney’s Office will assist the County Attorney and the Department of Social Services in actively pursue parallel Family Court proceedings. It will also be the goal of the District Attorney’s Office to utilize the services of the Law guardian, an attorney appointed to represent the child’s interests in Family Court, in evaluating, prosecuting and resolving cases involving crimes against children. As the most vulnerable and promising members of our community, children will be treated as the victims requiring the most attention. Crimes Against Law Enforcement Personnel Individuals who commit crimes of violence against members of law enforcement present a tremendous threat to our society. Although law enforcement officers may be more capable of withstanding physical threats, an attack on these dedicated public servants is an attack on our rule of law, thus it is an attack on our society as a whole. Injuries to our public servants mean diminished safety as well as a loss of taxpayer money for medical treatment, disability pay and additional costs to train replacement personnel. We cannot tolerate any individual so willing to place his or her own interests above those of the community. The District Attorney’s Office shall continue its policy of strict enforcement of all crimes against law enforcement personnel. Prioritizing our cases will permit the appropriate allocation of resources for successful prosecution.
With approximately 24,000 individuals living in Ulster County over the age of 65, seniors make up a significant block of citizens at risk to crime. It shall be the goal of the District Attorney’s Office to educate and protect senior citizens against fraud and other criminal acts, particularly with regard to those individuals unable to care for themselves. Depending on the individual victim, a multi-disciplinary approach may be employed to be sure that their needs are met. This may mean extra consultation with healthcare professionals and family members so as to insure a thorough evaluation of the victims’ needs.
The District Attorney’s office must have a highly visible consumer fraud program that is easily accessible to the public. Although the current Consumer Fraud Bureau is slated to be removed from the auspices of the District Attorney Office, it will be the goal of my administration to devote resources to consumer fraud issues, as well, particularly where the fraud is related to subsistence items, such as food, fuel and medical attention. In addition to walk-in access and a telephone hotline, there must be online access as well. An improved internet presence, preferably on the Ulster County District Attorney’s new website, is the first necessary step toward improving public access to assistance for consumer fraud. Another area of interest will be fraudulent home improvement contractors. While the County government grapples with the idea of requiring contractors to be locally licensed, consumers in Ulster County, especially elderly citizens, continue to be injured. This form of blue collar/white collar crime will be prosecuted to the full extent of the law. There will be additional public outreach to be sure that more people know and understand their rights. Particular attention will also be paid to fraud arising out of the use of the internet. It will be the practice of the District Attorney’s Office to monitor federal and other jurisdiction’s law enforcement agencies to investigate and raise public awareness for internet based consumer fraud schemes. Frequent and up to date‘scam’ warnings will be issued at the District Attorney’s Office website and by working with local groups, such as local law enforcement, chambers of commerce, P.T.A.s and school boards, to publicize such activity. PUBLIC INTEGRITY & OFFICIAL CORRUPTION It is my view that official corruption at all levels places a tremendous burden upon our system of local government, wastes countless tax dollars and destroys public trust. Another key element of my plan to protect Ulster County’s citizens as the next District Attorney is the initiation of a Public Integrity Unit, charged with receiving, investigating and prosecuting complaints of official corruption involving local officials, government employees and government contractors. The District Attorney’s Office will also look to coordinate with state and federal law enforcement and other government agencies to see that the appropriate civil remedies are also sought in instances of official corruption, so as to maximize the taxpayers recovery of resources. Chief among the responsibilities of the Public Integrity Unit will be evaluation of what steps must be taken to conduct a criminal investigation into the planning and construction of the Ulster County Law Enforcement Center. A hate crime is an act of violence, intimidation or destruction of property motivated by bias and prejudice against a specifically selected victim based upon either their sexual orientation, race, color, national origin, ancestry gender, religion, religious practice, age or physical and/or mental disability. As reflected in the legislative findings underlying the N.Y.S. Hate Crimes Act of 2000, "[c]rimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs." Because of the extended impact of hate crimes in the community, beyond the victim and their families, it will be a priority of the District Attorney’s Office to investigate and prosecute Hate Crimes to the full extent of the law in order to provide equal protection to all the citizens of Ulster County. Animal cruelty cases have gained notoriety in recent years with the New York State Legislature's 1999 enactment of Buster's Law, formally known as Agriculture & Markets Law '353-a, Aggravated Cruelty to Animals. This law makes it a felony to intentionally kill or cause serious physical injury to a companion animal. It is my view that all crimes against society must be prosecuted equally under the law, constrained only by the available evidence, regardless of whether the victim is an animal or a person since a crime is an offense against society as a whole. Moreover, the disturbing connection between an individual who would commit an act of violence against a companion animal and someone who would harm another person makes these cases important to public safety. I favor the training of law enforcement personnel in the area of animal cruelty and the assignment of a prosecutor designated to handle such matters. There should be a designated contact within the District Attorneys office to which citizens can report animal cruelty directly. The contact would convey the interest of the D.A.s office in the case to the appropriate law-enforcement agency. I am morally opposed to capital punishment. In the words of George Bernard Shaw, "It is the deed that teaches, not the name we give it. Murder and capital punishment are not opposites that cancel one another, but similars that breed their kind." I am also opposed to the death penalty for legal and practical reasons related to law enforcement goals and objectives. There is no evidence that it serves as a deterrent to homicidal or even violent criminal behavior. There is, however, significant evidence that people can be wrongfully convicted, even with the best of intentions by honest prosecutors and law enforcement officials. It prolongs the agony of the victims’ family by creating "a new layer of pain". The families must endure a lengthy appellate process, sometimes retrial, forcing them to relive the trauma for years after the death sentence. Many victims’ families would prefer to force the killer to have to "spend a lifetime of unimaginably painful confinement before dying a lonely and often painful death behind bars. And then still face whatever comes next." It places an expensive burden on the legal system with respect to prosecution, defense and court resources. Since 1995, when Governor Pataki signed the most recent death penalty bill into law, New Yorkers have spent over $200 million pursuing capital cases. Yet, there has not been an execution in New York for over 44 years. It should be noted, however, that while I oppose the death penalty, I do not believe an elected official should abdicate his or her authority with blanket policy statements and conclusions. If the death penalty is reinstated in New York State, either by court ruling or revised statute, I will review each case individually and exercise the appropriate discretion. When an individual is convicted of either a misdemeanor, or non-violent felony charge that is not subject to mandatory incarceration, it is in the community’s interest to be made whole by the offender. This means punishing the individual in a cost effective manner that will actually benefit the community, as opposed to costing more tax dollars by incarceration. Projects that would do more to enhance the community can be the object of community-based sentencing: clean up projects, public and private charitable works (soup kitchens, food pantries, etc. - so long as it does not infringe on the labor rights of municipal employees). So long as the use of alternative sentences does not pose a threat to the safety of the community, they will be utilized first.
On Call Availability of Prosecutors At least one assistant district attorney will be on call 24 hours each day of the year for the purpose of advising and consulting with members of law enforcement on legal procedure and office policy, evaluation of incoming violent felony cases and securing search and arrest warrants. Search warrants will be prepared and submitted by the District Attorney’s Office, with the assistance of the investigating law enforcement agency. Having the District Attorney’s office prepare and submit these important legal documents will streamline the process, provide additional safeguards to insure appropriate practices are being followed and reduce the potential for future arising in litigation to controvert warrants. Technology In the Office, the Field & the Courtroom It will be the practice of the District Attorney’s Office to utilize all available technology to enhance the administration of the office and the prosecution of all matters. Due to the physical distance between the office in Kingston and the approximately twenty local courts that serve as the gateway to our criminal justice system, it is imperative that a system of data sharing and access be instituted as soon as practicable. Approximately ten part-time assistant district attorneys staff the local courts from outside the main Kingston office. The use of electronic mail and digital transportation of data is a cost effective way of connecting the entire office and eliminating a large degree of administrative waste. In addition to connecting with the outlying town courts, the main office must utilize a case management system that will coordinate with the office staff and law enforcement. At all available opportunities, digital technology will be utilized to preserve and organize physical evidence. Video taping of homicide and serious felony crime scenes as well as defendant and witness statements will be the norm. Technology will also be used to present evidence in the courtroom, including, but not limited to computer projection of images and exhibits and the disclosure of documents and other items to defense counsel by means of computer disk. Even the most talented attorneys need advanced and up to date training, as well as supervision and leadership. I intend to institute regular training programs, working in conjunction with local law enforcement and neighboring prosecutors offices, to keep our assistant district attorneys sharp and progressive in their tactics and skills. There will also be more supervision in relation to the development of each assistant. We need to improve morale in the office and build a lean, confident team that is ready to tackle the problems we face now and for years to come. This is where the leadership skills of the District Attorney are needed most and where I will devote great effort.
Each area of Ulster County deserves the full attention of the District Attorney’s Office, however, it has been demonstrated in the last several years that one of our more problematic areas lies in Midtown Kingston. Despite a strong physical presence by the Kingston City police Department and - more recently - the Ulster County Regional Gang Enforcement Narcotics Team, not to mention concerted administrative and legislative efforts by the City of Kingston and Ulster County governments, as well as the commitment of neighborhood and community outreach groups, there still exists the need for drastic improvement. Relief from the current crime problem in the Midtown Kingston area will require a multi disciplinary and multi faceted approach. I support the general position recently articulated by the Chief of the Kingston City Police Department, Gerald Keller, among others, that the only way to truly break the vicious cycle of crime and diminished quality of life in Midtown - and everywhere - is to attack its root causes. Unfortunately, much of the socio-economic strain that impacts the level of crime and quality of life in Midtown extends beyond the reach of the District Attorney and the criminal justice system. The following proposals are addressed to matters both within and beyond the D.A.’s control. Attack the Root Causes of Crime The key to reducing the crime rate in any region is the increased growth of economic and educational opportunities. The City of Kingston and the County of Ulster must continue to pursue economic development in order to improve the quality of life for its residents. Our government(s) must also continue to provide educational incentives and opportunities such as those afforded under Project ACCESS (Academic Career Counseling Employment and Supportive Services). Working with resources already in place or available, we must coordinate community outreach and social services programs to at-risk individuals. In particular, we must seek to provide structure and support for the youth to Midtown, especially those aged 13-19 years old. We must be mindful of the increased vulnerability of our children in working and single parent households between the hours of 3pm and 6pm. There is an urgent need for: academic programs; trade and work training; art, music & theater programs; athletic programs. We will need participation from both the public and private sector. Key to the efficiency of the process is our ability to identify those individuals who are at risk. Coordinated input from school teachers and guidance counselors, community outreach workers, case workers with the Department of Social Services and the clergy may help to focus resources on those most in need, such as individuals already receiving related social services and the children of incarcerated parents. In essence, we must work to eliminate the demand that exists for contraband and criminal behavior. A key safety factor is the removal of firearms from the community. I strongly support a program where people can turn in handguns and receive amnesty for illegal possession of the weapon as well as compensation in the form of credits or coupons for food and other staple items. Individuals would not receive amnesty, however, for the fruits of any investigation conducted on the firearm (such as ballistics analysis). It is beyond the power of the District Attorney to direct police strategy, however, I would encourage the K.P.D. and all interested law enforcement units to utilize the following practices wherever feasible: -Community Policing, including the regular assignment of members of the service to the same geographic sectors and the presence of officers on foot patrol; -Immediate prosecution of drug offenses, rather than waiting for multiple controlled purchases of narcotics from targeted individuals. Arrests should be made as soon as sufficient evidence is secured for prosecution. Leaving a known drug dealer on the street for the purpose of purchasing more contraband at a later date is a safety concern where we are leaving criminals on the street in the hope that they will commit more crime. -Utilize "observation sale" and "pre-recorded buy money" operations. When working in teams at frequent problem locations, observation by high-powered binoculars of drug sales to (non-cooperating) civilians can be the basis for arrest on sale charges so long as the buyers are identified and apprehended with the purchased drugs. Undercover and confidential informant drug buys should include the use of pre-recorded or marked buy money to give additional evidence and enhance the merit of the prosecution. Early case evaluation, with an eye towards the use of youthful offender treatment, alternatives to incarceration and drug treatment at the local and correctional level. By offering to resolve appropriate cases without prison terms, we can dispose of more matters earlier on and free up resources in the police department, district attorney’s office and court system. Prostitution - Represents a unique subsection of crime for a number of reasons. First, it is so often the end result of long term drug addiction and physical and mental abuse. Second, there are immense health risks both for the prostitute, their customers and the unwitting family members of both. Moreover, the presence of prostitutes and their customers is a blight on the neighborhood from a quality of life standpoint. Drug treatment and other mental health services must be mandated for the convicted prostitutes. We must also turn our attention to the people patronizing the prostitutes, particularly since they frequently come from areas outside of Midtown, even neighboring towns. It is my position that when individuals use an automobile to assist them in patronizing a prostitute (which can be anything from a class B misdemeanor to a class D felony depending on the prostitute’s age), the vehicle should be seized in a civil forfeiture proceeding as being an instrumentality of the crime. This should serve as an additional deterrent to those providing the demand for prostitution. When an individual is convicted of either a misdemeanor, or non-violent felony charge that is not subject to mandatory incarceration, it is in the community’s interest to be made whole by the offender. This means punishing the individual in a cost effective manner that will actually benefit the community, as opposed to costing more tax dollars by incarceration. Projects that would do more to enhance the community can be the object of community-based sentencing: clean up projects (especially for graffiti offenders), public and private charitable works (soup kitchens, food pantries, etc. - so long as it does not infringe on the labor rights of municipal employees). So long as the use of alternative sentences does not pose a threat to the safety of the community, they will be utilized first. The District Attorney’s Office, working in conjunction with the City of Kingston’s Corporation Counsel, must assist in the enforcement of civil legal remedies in order to enhance the impact of criminal prosecutions and to abate recurring nuisances not deterred by the prosecution of petty offenses. Asset forfeiture - as discussed in the context of prostitution, this can be a strong deterrent against people who use their vehicles to assist in the patronizing of prostitutes and drug dealers. In addition to providing an additional deterrent, it will increase assets available for law enforcement and community outreach. Nuisance Abatement - Among other sections of the Code of the City of Kingston, Chapter 198 empowers the Chief of Police to order the discontinuance of a nuisance and even order the closing of premises to the extent necessary to abate the nuisance. Moreover, Chapter 178 permits the City to compel a landlord to take remedying action where there exists a condition "dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment". These provisions should provide adequate authority to permit the City with the help of the District Attorney to bring civil and financial pressure to bear on the property owners who facilitate criminal behavior through their own negligence. If these conditions are not remedied, the City may under certain circumstances take possession fo the property. Housing Actions - Where appropriate, the District Attorney may assist in abating crime prone locations by helping to institute and expedite eviction proceedings against repeat offenders. This can be particularly effective where information has already been gathered for the application and execution of search warrants. |
