[Amended 6-2-1998 by L.L. No. 10-1998; 5-11-2004 by L.L. No.
11-2004]
As used in this chapter, the following terms shall have the
meanings indicated:
NOTICE
The following:
[Amended 5-11-2010 by L.L. No. 25-2010]
A.
First notice that prohibited conduct has occurred shall be given
to an owner and mortgage holder(s) of the affected real estate by
means of registered mail, return receipt requested. Where there are
multiple owners, said notice shall be sent to at least one of the
owners' addresses as recorded with the Suffolk County Clerk. If for
any reason the return receipt is not received by the County of Suffolk,
then the notice requirement shall be fulfilled by affixing the notice
to the door of at least one of the owners of the premises, at the
address as recorded with the Suffolk County Clerk; by affixing the
notice to the door of the affected property; and by mailing said notice
to the aforesaid addresses. The notice must contain a statement of
the date or dates upon which prohibited conduct took place on the
property, the nature of the prohibited conduct and a listing of all
conduct or occurrences that are considered prohibited conduct under
this chapter. It must inform the owner of his obligation to cause
the prohibited conduct to cease and advise the owner that, upon the
further occurrence of any prohibited conduct, action pursuant to this
chapter will be commenced by the County of Suffolk.
B.
Final notice shall be sent to an owner and mortgage holder(s)
when there is a further occurrence of prohibited conduct within three
years of the first notice being given to an owner and mortgage holder(s).
The final notice must be sent by the authorized methods for a first
notice and must contain the same information as contained in the first
notice. It must further inform an owner of the further occurrence
of prohibited conduct and inform an owner that he or she is required
within five days to cause the prohibited conduct to cease and if necessary
to make an application to a court of appropriate jurisdiction to accomplish
the abatement of the prohibited conduct by any and all nonowner occupants.
The notice must further state that if an owner does not take such
action within five days of the final notice, or does not in good faith
diligently pursue any necessary litigation, the County of Suffolk,
pursuant to the provisions of this chapter, will bring necessary proceedings
for any remedies set forth in this chapter as though the County were
the owner of the premises.
OWNER
Any person, individual, association, entity or corporation
in whose name the affected real estate is recorded with the Suffolk
County Clerk.
PROHIBITED CONDUCT
The following:
A.
Any conduct or occurrence that is in violation of the following
articles or sections of the New York State Penal Law:
[Amended 2-15-2005 by L.L. No. 8-2005]
(1)
Article 220 (controlled substances).
(2)
Article 230 (prostitution).
(4)
Sections 221.40, 221.45, 221.50 and 221.55 (criminal sale of
marijuana in the fourth degree through first degree).
(5)
Sections 165.45, 165.50, 165.52 and 165.54 (criminal possession
of stolen property in the fourth degree through first degree).
(6)
Sections 165.09 and 165.10 (auto stripping in the second and
first degrees).
(7)
Section 170.65 (forgery of a vehicle identification number).
(8)
Section 170.71 (illegal possession of a vehicle identification
number plate).
[Amended 4-26-2011 by L.L. No. 24-2011]
(9)
Section 265.08 (criminal use of a firearm in the second degree).
(10)
Section 265.09 (criminal use of a firearm in the first degree).
(11)
Section 265.11 (criminal sale of a firearm in the third degree).
(12)
Section 265.12 (criminal sale of a firearm in the second degree).
(13)
Section 265.13 (criminal sale of a firearm in the first degree).
(14)
Section 120.08 (assault on a peace officer, police officer,
fireman or emergency medical services professional).
(15)
Section 120.10 (assault in the first degree).
(16)
Section 265.02 (criminal possession of a weapon in the third
degree).
(17)
Section 265.03 (criminal possession of a weapon in the second
degree).
(18)
Section 265.04 (criminal possession of a dangerous weapon in
the first degree).
(19)
Section 120.06 and 120.07 (gang assault in the second and first
degrees).
[Added 12-4-2018 by L.L. No. 4-2019]
(20)
Article 130 (sex offenses).
[Added 12-4-2018 by L.L. No. 4-2019]
(21)
Article 263 (sexual performance by a child).
[Added 12-4-2018 by L.L. No. 4-2019]
B.
Any conduct either unlawful in itself or unreasonable under
all the circumstances that creates or results in the maintaining of
a condition which endangers the safety or health of a considerable
number of persons or that creates or results in the maintenance of
any premises or place where persons gather for the purpose of engaging
in unlawful conduct.
PUBLIC NUISANCE
Any building, residence, premises or place where an owner
thereof has been given first notice that prohibited conduct has occurred
therein or thereon and within a period of three years after said first
notice has been given there is an additional occurrence of any prohibited
conduct therein or thereon.
[Amended 5-11-2010 by L.L. No. 25-2010]
[Amended 12-1-1992 by L.L. No. 18-1992]
A. The Suffolk County Police Department must report to the Department
the address of any building, residence, premises or place at which
prohibited conduct has occurred which has resulted in charges filed
or an arrest within 90 days of such action, or within 90 days of the
cessation of any ongoing investigations or police matters which could
be hampered in any way by the forwarding of such information outside
the Police Department.
[Added 5-11-2010 by L.L. No. 25-2010; amended 4-26-2011 by L.L. No.
24-2011; 10-7-2014 by L.L. No. 28-2014]
B. Upon the request of the Suffolk County Legislature, the Suffolk County
Executive, the Suffolk County District Attorney, the head of any Suffolk
County department or agency or any village or town police department
or upon its own initiative, the Department is authorized to send notice
that prohibited conduct has occurred. Any town or village government
which formally enacts a resolution of authorization may assign personnel,
manpower or other town or village resources to the County of Suffolk
on a voluntary basis without compensation for joint action with the
County of Suffolk in carrying out and enforcing the provisions of
this chapter. Any such joint action shall be coordinated, supervised
and controlled by the County of Suffolk.
C. After first notice has been sent, the Suffolk County Legislature,
the Suffolk County Executive, the Suffolk County District Attorney,
the Suffolk County Police Department, any town or village police department
or the head of any Suffolk County department or agency shall inform
the Department of the recurrence of prohibited conduct at the affected
property. Thereafter, the Department shall send final notice to an
owner of the affected premises. If no corrective measures are diligently
pursued by the owner(s) within the five-day time period provided therein,
the Department is authorized to bring and maintain a civil action
or proceeding in the name of the County of Suffolk in any court of
appropriate jurisdiction to seek remedies as hereinafter provided.
Any town or village government which formally enacts a resolution
of authorization may assign personnel, manpower or other town or village
resources to the County of Suffolk on a voluntary basis without compensation
for joint action with the County of Suffolk in carrying out and enforcing
the provisions of this chapter. Any such joint action shall be coordinated,
supervised and controlled by the County of Suffolk.
D. The Department shall send notices to the owners and mortgage holders
of affected real property no later than 60 days after the Department
receives notification from the Suffolk County Police Department or
a town or village police department that prohibited conduct has occurred
thereon. The Department shall file a copy of all notices it issues
with the Clerk of the County Legislature and the Commissioner of the
Department of Social Services no later than 30 days after their issuance.
[Added 5-11-2010 by L.L. No. 25-2010; amended 4-26-2011 by L.L. No.
24-2011; 12-4-2018 by L.L. No. 4-2019]
[Amended 12-1-1992 by L.L. No. 18-1992; 4-26-2011 by L.L. No.
24-2011]
A. Subject to the limitation period set forth in Subsection
B of this §
623-4, the Department is authorized to bring and maintain a civil action or special proceeding in the name of the County in a court of competent jurisdiction for necessary relief, including but not limited to temporary, preliminary and/or permanent equitable remedies, which may include orders to make improvements and/or alterations to a premises; eviction of tenants; ejection of occupants; imposition of civil penalties; and the recovery of the costs of the action, including but not limited to investigative costs, litigation expenses and reasonable attorney's fees, or for such other remedies as may be necessary to prevent or enjoin any public nuisance from existing at any building, residence, premises or place within the County of Suffolk. These remedies may be sought singly or in combination with each other in a court of competent jurisdiction. The owner, lessor, lessee of a building, residence, premises or place where a public nuisance is being conducted, maintained or permitted shall be named as defendants or respondents in the action or special proceeding. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this chapter. The enforcement of all remedies obtained pursuant to this chapter shall be carried out by the Department, the Suffolk County Police Department and/or the Suffolk County Sheriff and/or any town or village Police Department in the County of Suffolk. Any town or village government which formally enacts a resolution of authorization may assign personnel, manpower or other town or village resources to the County of Suffolk on a voluntary basis without compensation for joint action with the County of Suffolk in carrying out and enforcing the provisions of this chapter. Any such joint action shall be coordinated, supervised and controlled by the County of Suffolk.
B. Any civil action or proceeding referred to in Subsection
A of this section may be brought by the Department within three years of the date of a conviction of any prohibited conduct in the building, residence, premises or place where a public nuisance is being conducted, maintained or permitted. Nothing in this Subsection
B shall be construed as a prohibition on the Department from bringing any civil action or special proceeding authorized by Subsection
A of this section prior to the conviction of a person accused of such prohibited conduct.
Pending request for any remedy as provided for under this chapter,
the Department may apply for and the court may grant a preliminary
injunction enjoining a public nuisance within the scope of this chapter
and the person or persons engaging in or permitting prohibited conduct
from further engaging in or permitting the prohibited conduct. A temporary
closing order and/or a temporary restraining order may be granted
pending a hearing for a preliminary injunction where it appears by
clear and convincing evidence that a public nuisance within the scope
of this chapter exists because prohibited conduct is being engaged
in or conducted, maintained or permitted.
When the defendant or respondent gives an undertaking in an
amount fixed by the court, together with costs, disbursements and
the projected actual costs of the prosecution of the action to be
determined by the court, upon a motion on notice to the Department,
a preliminary injunction may be vacated by the court. The provisions
of the New York Civil Practice Law and Rules governing undertakings
shall be applicable to this chapter.
This chapter shall not be construed to exclude any other remedy
provided by law for the protection of the health, safety and welfare
of the people of the County of Suffolk.