[HISTORY: Adopted by the Board of Trustees of the Village of Amityville as indicated in article histories. Amendments noted where applicable.]
Article I Lighting
Article II Properties Used for Sale or Consumption of Controlled Substances
[Adopted 12-14-2009 by L.L. No. 43-2009]
No light or lights shall be so operated as to be a nuisance.
No spot- or floodlight or lights shall shine directly on or at neighboring property or a public highway, thereby constituting a nuisance. It shall be within the discretion of the Code Enforcement Officer or Police Officer to determine if lights create a nuisance within the meaning of this section.
All exterior lighting on premises used for residential purposes, whether it be floodlighting or otherwise, shall be shut off not later than 11:00 p.m., prevailing time, at the request of an occupant of abutting premises or upon the direction of the Code Enforcement Officer or a Police Officer in the residential zoning districts of the Village.
The illumination of all exterior lighting shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity, provided that such restriction shall not apply to temporary decorative lighting placed on premises used for residential purposes during Christmas or other recognized holiday seasons.
A string or strings of lights which are visible from the exterior of the premises are prohibited, provided that such restriction shall not apply to temporary decorative lighting placed on premises used for residential purposes during Christmas or other recognized holiday seasons.
Any prohibited light, lights or lighting now in existence, in connection with a permitted use or granted variance or in connection with a valid nonconforming use, which violates or does not conform to the provisions hereof shall be altered, removed or replaced in conformity with the provisions hereof.
[Adopted 12-14-2009 by L.L. No. 43-2009]
As used in this article, the following terms shall have the meanings indicated:
- PROHIBITED CONDUCT
- Any conduct or occurrence that is in violation of the following chapters or sections of the New York Penal Law:
- PUBLIC NUISANCE
- Any building, residence, premises, structure or place where an owner or person in charge thereof has been given written notice that an arrest for prohibited conduct as defined herein has taken place at said location and within one year of that first arrest there is an additional arrest at that location for prohibited conduct as defined herein of which the owner or person in charge thereof is again notified in writing.
Notice that an arrest or arrests for prohibited conduct have occurred at a location shall be served by personal service upon the owner or person in charge of the affected building or structure or, if no such person can be reasonably found, by mailing said owner such notice by means of certified mail, to the last known address as shown by the records of the Village Assessor and by securely affixing a copy of such notice upon the door of the affected building or structure. A copy of the notice shall also be mailed by certified mail to any mortgagee of record of the property to such address on file with the Collector of Taxes or, if no such address exists, to the address indicated on the recorded mortgage.
[Amended 3-8-2010 by L.L. No. 2-2010]
The notice must contain a statement of the date or dates upon which prohibited conduct allegedly took place on the property, the nature of the prohibited conduct, a copy of this article and a warning that if a second arrest is made for prohibited conduct as defined in § 116-7 of this article within one year of the first arrest, the Village will seek action pursuant to § 116-10 of this article.
Upon a second arrest for prohibited conduct within one year at a premises, and in conjunction with the receipt of a second notice of such arrest as provided in § 116-8 herein, the property owner shall be notified of a public hearing to be held by the Board of Trustees to determine whether such premises shall be declared a public nuisance.
Prior to such hearing, the Chief of Police shall issue a report in writing to the Board of Trustees which shall include but not be limited to:
Dates, times and general nature of the arrests and offenses which occurred at the property.
Copies of the first and second notices sent to the property owner as defined in this article.
Any relevant information as to the history of this property pertaining to the sale and/or consumption of narcotics, etc.
The Board of Trustees, at said public hearing, shall consider such report of prohibited conduct as well as any other information it deems relevant in determining if the location is to be deemed a public nuisance as defined in § 116-7 of this article.
If the Board of Trustees declares said premises a public nuisance, it may immediately authorize the Superintendent of Public Works to board up and otherwise secure said premises and assess such costs as a special assessment to the property owner and further authorize the Village Attorney to bring and maintain a civil action or special proceeding in the name of the Village in a court of competent jurisdiction for equitable and legal relief including but not limited to a temporary restraining order, a preliminary injunction, a permanent injunction and other equitable remedies as well as civil penalties (fines), including the recovery of the costs of the action, litigation expenses, board-up, site cleanup and reasonable attorneys' fees.
It shall be unlawful for anyone to own or lease any building, residence, premises, structure or place which is being used as a crack house and/or public nuisance as defined in this article.
Any violation of this section is punishable by a fine of not more than $1,000 for each offense and/or up to 30 days' imprisonment.
The provisions of this article are severable. If any clause, sentence, paragraph, section, word or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, word or part thereof directly involved in the controversy in which such judgment shall have been rendered. The invalidity of any word, clause, sentence, paragraph, section or part of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part or parts.
If any portion of this article is found to be in conflict with any other provision of any other local law or ordinance of the Code of the Village of Amityville, the provision which establishes the higher standard shall prevail.