Rochester Has a Program Aimed at Curtailing ‘Nuisance’ Activity Around the City; but is it Effective?

This property on Thurston Rd was boarded up and secured after accumulating 12 nuisance points due to unauthorized parties and late night activities spilling over into adjacent properties

Rochester’s Nuisance Point System was originally established as a way to identify and correct chronic ‘nuisance’ activity that can have a negative impact on the community. But is it working? Is it effective?

The program, which was implemented in the 90’s during former Mayor William Johnson’s administration, applies to both business and residential properties around the city. Unfortunately, many residents are not aware of the existence of this program. 

According to the city of Rochester's website, there are some 30+ activities that can be considered to be a nuisance. Some examples include violence, loud music, gun violence, drug dealing, selling cigarettes from the trunk of a car to the underaged, and even prostitution. If any of these activities are reported or observed to be happening on any property around the city, the property is given nuisance points and the property owner is notified of such.  If the property owner fails to address and lessen the nuisance activity on their property, and the number of points exceed a pre- established number set by the authorities, the city can take action which could result in the closure of the property or business.

“It’s the responsibility of any business owner, building owner or homeowner to keep as much chaos away from their property as possible. Respectfully, if that cannot happen, there should be consequences,” explained Patrick Beath, Corporate Council for the City of Rochester.

Beath says the city does not want to shut businesses down.

“We just want cooperation,” he said.

“If illegal activities are being done on someone’s property that the [property] owner is clearly not aware of, there are remedies and solutions that can  be implemented.”

Frederick “Peedee” Poole’s business was shut down after being issued nuisance points. 

Poole’s story was first reported on WXXI.

Poole had set up a makeshift nightclub in his garage at his home on Hollenbeck Street. Da Garage–as it was called–was complete with flat screen tv’s, sound system and speakers, a bar and a full deck above the garage.

According to reports, Poole attracted upwards of 150 people to his community nightclub gatherings.

But after several incidents of violence and a couple earlier this year including an incident with gun shots, the city ordered his venture shut down and sought to put Poole out of his house for a year.

Poole was taken to court and ultimately was allowed to stay in his home but the judge ordered Da Garage boarded up and not accessible to anyone, including Poole.

Another property owner, who declined to be identified in this story, was issued nuisance points due to strangers gathering in his parking lot in the middle of the night and playing music and drinking on his property.

And, although this activity was not known by the property owner, the city issued him nuisance points. He ultimately had to attend a hearing and was able to work with authorities to implement some measures to stop the illegal activities on his property.

Beath feels these are examples of the positive impact the program is having in the community but admits the program has had its glitches. One of them being that some property owners were not getting the notices and thus were not showing up to their hearings.

“When the Nuisance Points System began, parties complained they had not received notices of any nuisances on their property which therefore produced negligence on their behalf, Beath said.  “Since then, the law has been  revised, between 2016-2017, business owners, building owners are personally delivered notices and notices are posted on buildings. This action implemented further assurance that parties were receiving notices and were able to address the issue in a timely manner to avoid further disciplinary actions from governing authorities.”

Randy Walker, a Rochester resident, says he thinks the program is a positive thing for the community.

Walker is not a property owner but agrees with the concept and consequences of the program.

“Let’s face it, with the amount of violence and mischief happening, primarily, on our city streets, at the end of the day, people just want to know they are safe and rightfully so,” he said.