As used in this chapter, the following terms shall have the
meanings indicated:
NOTICE
A.
First notice that prohibited conduct has occurred shall be given
to an owner of the affected real estate by means of certified or registered
mail, return receipt requested. Where there are multiple owners, said
notice shall be sent to at least one of the owner's addresses
as recorded with the Westchester County Clerk. If for any reason the
return receipt is not received by the Village of Sleepy Hollow, then
the notice requirement shall be fulfilled by affixing the notice to
the door of at least one of the owner's of the premises addresses
as recorded with the Westchester County Clerk. 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 or her
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 Nuisance Abatement Law will be commenced by
the Village of Sleepy Hollow.
B.
Final notice shall be sent to an owner when there is a further
occurrence of prohibited conduct within one year of the first notice
being given to an owner. 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 notice,
the Village of Sleepy Hollow, pursuant to the provisions of this chapter,
will bring necessary procedures for any remedies set forth in this
chapter as though the Village 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 Westchester
County Clerk, Division of Land Records.
PROHIBITED CONDUCT
A.
Any conduct or occurrence that is in violation of the following
articles or sections of the New York State Penal Law:
(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 165.10 and 165.11 (auto stripping in the second and
first degrees).
(7)
Section 170.65 (forgery of a vehicle identification number).
(8)
Section 170.70 (illegal possession of a vehicle identification
number or plate).
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 creates or results in the maintenance of any
premises or place where persons gather for the purpose of engaging
in unlawful conduct.
C.
Any building, structure or place, used for the purposes of business
activity or enterprise, which is not licensed as required by law.
PUBLIC NUISANCE
Any building, structure or place where an owner thereof has
been given first notice that prohibited conduct has occurred therein
or thereon and within a period of one year after said first notice
has been given there is an additional occurrence of any prohibited
conduct therein or thereon.
The Building Department is authorized to bring and maintain
a civil action or special proceeding in the name of the Village 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 and imposition
of civil penalties; and the recovery of the costs of the action, including,
but not limited to, investigation costs, litigation expenses and reasonable
attorneys 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 Village of Sleepy Hollow.
These remedies may be sought singly or in combination with each other
in a court of competent jurisdiction. The owner, lessor and 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 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 Mayor, the Board of Trustees, the Building Inspector or the Chief
of Police.
Pending request for any remedy as provided for under this chapter,
the Building 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.
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 Building Department,
a preliminary injunction may be vacated by the court. The provisions
of the CPLR 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 Village of Sleepy Hollow.