Four Binghamton properties were issued warning letters, including the site of a shooting earlier this week and a residence owned by a recently arrested landlord, in the latest crackdown under the city’s lockdown law.
Owners of 53 Chenango St., 5 Grace St., 314 Prospect St. and 92 Robinson St. received the letters Tuesday from the city’s Office of Corporation Council, notifying them that their properties have been deemed public nuisance under the city’s Property and Building Nuisance Reform Law, according to the city.
The law, commonly referred to as a lockdown law, was enacted earlier this year and assigns points to properties that are the sites of frequent police activity, with higher point values for more serious crimes.
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A building is deemed to be a public nuisance if it accumulates 12 or more points in a six-month period or 18 or more points in a 12-month period.
When points are assigned, the property owner is issued a written notice of public nuisance, requiring them to address the issues cited or face forced closure, or “lockdown.”
The properties that received letters this week had point totals ranging from 22 to 34 as of Aug. 31.
“We won’t tolerate problem properties that wreak havoc on residents’ quality of life, hurt our neighborhoods and attract violent criminal behavior,” Mayor Jared Kraham said in a press release Wednesday. “Under the City’s updated lockdown law, these warning letters are a critical first step in abating the nuisance activity at these properties or shutting them down.”
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Who owns the properties, list of offenses
53 Chenango St. / The Cave
- Two points for suffering/permitting fighting on March 19, 2022
- 12 points for assault on May 22, 2022
- Two points for disorderly conduct on July 10, 2022
- Four points for disorderly conduct on July 16, 2022
- Four points for general disturbance on Aug. 28, 2022
The downtown property is owned by Centre Plaza Associates, LP, according to Broome County real estate records. The building, adjacent to the State Street parking garage, includes the Cave, a bar, restaurant and nightclub.
5 Grace St.
- Four points for code violation on Feb. 10, 2022
- Two points for fighting on May 23, 2022
- 12 points for assault
- 12 points for assault on June 13, 2022
- Two points for disturbance on July 12, 2022
- Two points for suffering/permitting fighting on Aug. 18, 2022
This property is affiliated with Upstate Urban Properties LLC, a Limited Liability Company tied to Isaac Anzaroot, who was arrested in July for alleged housing code issues on properties owned by Anzaroot or affiliated with LLCs tied to Anzaroot.
314 Prospect St.
- Four points for noise on March 3, 2022
- 12 points for assault on June 20, 2022
- Four points for disturbance on June 25, 2022
- Two points for unlicensed/nuisance/dangerous dogs on Aug. 13, 2022
Earlier this week, a shooting seriously injuring a 26-year-old man took place at this residence during an argument. Police said 48-year-old Franklin D. Smalls, of Binghamton, was taken into custody and charged with second-degree attempted murder and second-degree criminal possession of a weapon.
The property, owned by Anthony and Jennifer Zuccaro, is about 800 feet from Woodrow Wilson Elementary School, which is located at 289 Prospect St.
92 Robinson St.
- Two points for fighting on Jan. 16, 2022
- Four points for ABC law violation on March 20, 2022
- 12 points for assault on March 27, 2022
- Four points for disorderly conduct/general disturbance on April 16, 2022
The property is owned by Dwaine G Watson and Kellyann McGonigle-Watson, of 31 Valley St., Binghamton, according to Broome real estate records.
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Binghamton’s history with the lockdown law
The city adopted its original lockdown law under the administration of former Mayor Richard Bucci, who served from 1994 to 2005.
In 2014, former Mayor Richard David used the lockdown law to shut down 17 East, a nightclub on Clinton Street, after a multi-agency narcotics investigation led to the arrest of 14 alleged gang members. The city says the nightclub had been the site of illegal gambling, drug trafficking and shootings.
A New York State judge struck down lockdown laws in 2017, saying the laws violated the First Amendment rights of residents by penalizing them for calling police.
Binghamton resurrected the law earlier this year, and Kraham said the city intends to primarily target commercial properties, but also said residential properties would be subject to the points system.
In the following years, the city used the lockdown law to shut down multiple properties, targeting after-hours clubs that operated unlawfully from the early morning hours until sunrise, according to the press release.
What property owners have to do next
The owner or designated property manager must meet with the corporation council within 10 business days after receiving the written notice.
Cited property owners are given the opportunity to “abate the nuisance” by composing a written corrective action plan within 30 days of meeting with the council.
If evicting a tenant is part of the corrective action plan, an eviction proceeding must start within 10 business days from the council meeting.
If an owner fails to abate, the city will file a complaint with city court and ask for a temporary closure for up to one year.
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