The City Council of the City of Newburgh finds that public nuisances
exist in the City of Newburgh in the uses and operation of certain
establishments and the use of property in flagrant violation of the
penal and building and safety and other laws relating to controlled
substances, dangerous drugs, prostitution, gambling, trespass, vandalism,
stolen property and illegal use or possession of weapons, as well
as other provisions of state and local law, all of which substantially
and seriously interfere with the interest of the public in the quality
of life and total community environment, commerce in the City, property
values and the public health, safety and welfare. The City Council
further finds that the occurrence of such activities and violations
is detrimental to the health, safety and welfare of the City of Newburgh
and to the residents and businesses thereof and visitors thereto.
It is the purpose of this chapter to authorize and empower the authorized
officers and officials of the City of Newburgh to impose sanctions
and penalties for such public nuisances. Such powers may be exercised
either in conjunction with, in addition to, or apart from, the powers
contained in other laws without prejudice to the use of procedures
and remedies available under such other laws. The City Council further
finds that the sanctions and penalties imposed pursuant to this chapter
constitute an additional and appropriate method of law enforcement
in response to the proliferation of the above-described public nuisances.
The sanctions and penalties contained herein are reasonable and necessary
in order to protect the health and safety of the people of the City
of Newburgh and to protect and promote the general welfare.
The terms used in this chapter shall have the following meanings,
unless otherwise defined herein:
CITY
The City of Newburgh in the State of New York.
CITY MANAGER
The City Manager of the City of Newburgh and/or the person
duly authorized by the City Manager.
MORTGAGEE
The person or entity who or which is listed as mortgagee
on any unsatisfied and/or otherwise open mortgage on the premises
recorded in the office of the Orange County Clerk.
OWNER
A person vested with legal ownership or control over any
property or facility or any part thereof located in the City of Newburgh;
or any person vested with responsibility therefor by such owner, including
but not limited to an owner of fee title, manager, supervisor, superintendent,
agent, custodian, tenant, squatter, roommate, guest, mortgagee, landlord
or other such person.
SQUATTER
A person occupying or using property without the consent
of the owner thereof.
In addition to the enforcement procedures established elsewhere
in this chapter and in other laws, codes, rules and regulations, the
City Manager, Chief of Police, and/or the Code Compliance Supervisor,
after notice and opportunity for a hearing, to be provided to the
owner, shall be authorized:
A. To order the immediate discontinuance of such activity at the premises
where such public nuisance exists; and/or
B. To order the immediate closing of the premises to the extent and
for such time as is necessary to abate the public nuisance, including
but not limited to the erection of barriers and otherwise securing
the property against use or entry by any person or persons. The cost
to the City incurred for the erection of such barriers and/or the
reasonable provision of any other security measures shall be a charge
upon the property. After said charge shall have been duly demanded
of the owner and shall have gone unpaid in whole or in part, the City
shall have the right to relevy any unpaid amounts as a tax upon the
property and may enforce payment in the same manner provided by law
for the nonpayment of taxes.
[Amended 1-10-2011 by L.L. No. 1-2011]
The authorized officials of the City, having properly served parties who have committed or are responsible for a nuisance, may abate such nuisance after the expiration of the time limit provided in such notice and assess a lien against the property for the costs of such abatement, together with an administrative fee of 15%, pursuant to the procedures set forth in Chapter
226 of the City Code.
Any action taken or proceeding undertaken by the City pursuant
to this chapter shall not constitute an act of possession, ownership
or control by the City of Newburgh of the subject premises.
In addition to all powers of authorized City officials and officers
to enforce the provisions of this chapter conferred herein, such officials
and officers shall have the same powers to enforce the provisions
of this chapter as those conferred upon them to enforce any and all
other provisions of the laws, codes, rules and regulations of the
State of New York and/or of the City of Newburgh and/or either of
them pertaining to property maintenance and sanitation and housing
and building safety.
Neither the City of Newburgh, nor any officer, agent or employee
thereof, shall be corporately or personally liable for any damage
resulting from any official determination, order or action required
or permitted by or under this chapter.
For the purpose of this chapter, references to the Penal Law,
Alcoholic Beverage and Control Law, Vehicle and Traffic Law, Tax Law
and other laws and codes shall mean the laws of the State of New York
and the laws, codes, rules and regulations of the State of New York,
the City of Newburgh, and any departments and agencies thereof duly
authorized by law to promulgate same.
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, the remainder of this
chapter and the application of such provision to other persons or
circumstances shall not be rendered invalid thereby.