The Board of Trustees of the Village of Patchogue hereby finds
that buildings and places used for illegal activities within the Village
of Patchogue have a devastating effect on the surrounding community
and that these public nuisances exist in occupied and vacant buildings
and on occupied and vacant developed and undeveloped real estate;
and that these public nuisances present a substantial risk to the
health and safety of the surrounding community while interfering with
the community's interest in the quality of life as well as their
interest in the value of their property. Therefore, the purpose of
this chapter is to create a standardized procedure for securing legal
and equitable remedies and to strengthen existing laws so as to effectively
prevent buildings, residences, premises and real estate within the
Village of Patchogue from being used in such a way as to constitute
a public nuisance.
As used in this chapter, the following terms shall have the
meanings indicated.
PROHIBITED CONDUCT
Any conduct or occurrence that is in violation of the following
articles of the New York State Penal Law:
A.
Article 220 (Controlled substances).
B.
Article 221 (Offenses involving marijuana).
C.
Article 230 (Prostitution offenses).
D.
Article 225 (Gambling offenses).
E.
Article 165 (other offenses relating to theft) as follows: §§ 165.09,
165.10, 165.40, 165.45, 165.50, 165.52 and 165.54.
F.
Article 270 (other offenses relating to public safety) as follows:
§ 270.00.
PUBLIC NUISANCE
For purposes of §
290-5 of this chapter, any building, residence, premises, structure or place where an owner or person in charge thereof has been given written notice that a search warrant has been executed, an arrest for prohibited conduct, as defined in this section, has taken place or evidence of a violation of the Penal Law has been seized at said location and within six months of that first arrest or seizure having taken place or warrant has been executed there is an additional arrest, seizure or warrant executed at that location for prohibited conduct as defined in this section which the owner or person in charge thereof is again notified of in writing.