The Village Board of the Village of Hillburn finds that public
nuisances exist in the Village of Hillburn in the operation of certain
establishments and the use of property in flagrant violation of certain
Penal Law and Municipal Code provisions, which nuisances substantially
and seriously interfere with the interest of the public in the quality
of life and total community environment, commerce in the Village of
Hillburn, property values and the public health, safety and welfare.
The Village Board further finds that the continued occurrence of such
activities and violations is detrimental to the health, safety and
welfare of the people of the Village of Hillburn and of the businesses
thereof and the visitors thereto. It is the purpose of the Board to
authorize and empower the Mayor to impose sanctions and penalties
for such public nuisances, and such power of the Mayor may be exercised
either in conjunction with, or apart from, the powers contained in
other laws without prejudice to the use of procedures and remedies
available under such other laws. The Board further finds that the
sanctions and penalties imposed by the Mayor 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 are reasonable and necessary in order
to protect the health and safety of the people of the Village and
to promote the general welfare.
This chapter shall be known as the "Property and Building Nuisance
Reform Law."
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, but is not limited to, the following: any search
warrants served on the property where controlled substances and/or
weapons were seized; investigative purchases of controlled substances
on or near the property by law enforcement agencies or their agents;
arrests for violations of controlled substance law and/or possession
of weapons; loitering for the purposes of engaging in illegal activity;
an increase in the volume of traffic associated with property; complaints
made to law enforcement officials of illegal activity associated with
the property; finding of illegal weapons, as defined in Penal Law
§ 265.00, or controlled substances, as defined in Articles
220 and 221 of the Penal Law, on or near property by law enforcement
officials and their agents.
A structure where space is covered or enclosed for the use,
shelter, storage or protection of persons, animals, chattel or property
of any kind, and which is permanently affixed to the land.
A building subordinate to the principal building on the lot
and used for purposes which are clearly related but incidental to
that of said principal building.
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold, or services offered.
A building or portion thereof utilized to accommodate the
activities of a business.
A conviction for an offense in the court of competent jurisdiction
or an administrative bureau shall not be required. Instead, the Village
shall prove by a preponderance of the evidence that the violations
have occurred. However, a conviction as defined and applied in accordance
with the provisions of Criminal Procedure Law § 1.20 in
any court of competent jurisdiction or a plea of guilty shall constitute
conclusive proof of a violation. Conviction of an attempt to commit
a violation of any of the specified provisions shall be considered
a conviction for a violation of the specified provision.
Actions, behavior or conduct by person or persons at a particular
location that disturbs the peace.
The presumption of knowledge provided by Penal Law § 235.10(1)
shall be applicable to this chapter. Notice by mail or personal service
of activities detailing a public nuisance to the property owner of
record shall be evidence of knowledge of the public nuisance.
A parcel of land with or without building or structures,
delineated by lot line and having access to a street as defined in
this Code.
New York State Penal Law.
For purposes of Article III of this chapter, a public nuisance shall be deemed to exist whenever, through violations of any of the following provisions resulting from separate incidents at a building, erection or place, or immediately adjacent to the building, erection or place as a result of the operation of the business, 14 or more points are accumulated within a period of six months or 20 or more points within a period of 12 months, in accordance with the following point system. Where more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.
The following violations shall be assigned a point value of
two points:
Article 158 of the Penal Law, Welfare Fraud.
Social Services Law § 147, food stamp program fraud.
Penal Law § 240.36, loitering in the first degree.
Section 2024 of Title 7 of the United States Code, Violations
and enforcement for illegal use of food stamps.
Suffering or permitting the premises to become disorderly, including
suffering or permitting fighting or lewdness.
Chapter 154, Noise, of the Code of the Village of Hillburn.
Disorderly conduct by individual or individuals.
The following violations shall be assigned a point value of
four points:
Article 178 of the Penal Law, Criminal Diversion of Prescription
Medications and Prescriptions.
Article 220 of the Penal Law, Controlled Substances Offenses.
Article 221 of the Penal Law, Offenses Involving Marijuana.
Article 225 of the Penal Law, Gambling Offenses.
The Alcoholic Beverage Control Law.
Penal Law §§ 165.15(6), (7) and (8), 165.40,
165.45, 165.50, 165.52, 165.54, 165.71, 165.72 and 165.73, criminal
possession of stolen property.
Vehicle and Traffic Law, § 415-a, Vehicle dismantlers.
Penal Law §§ 170.65 and 170.70, forgery or illegal
possession of a vehicle identification number.
Possession, use, sale or offer for sale of any alcoholic beverage
in violation of Article 18 of the Tax Law or of any cigarette or tobacco
products in violation of Article 20 of the Tax Law.
Public Health Law § 3383, Imitation controlled substances.
The Agriculture and Markets Law.
Operating a premises without the requisite certificate of use in violation of the Zoning Code, Chapter 250, of the Village of Hillburn.
The following violation shall have a point value of 10 points:
Penal law violations, including but not limited to murder, attempted
murder, assault, attempted assault, sex offenses, etc.
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
Conduct or evidence of conduct prohibited under this chapter.
A violation does not require criminal prosecution and conviction but
only a preponderance of evidence that the prohibited conduct is occurring
or has occurred. Evidence of prohibited conduct may include, but is
not limited to, police reports, investigative reports, execution of
search warrants, results of police surveillance, arrest and/or conviction
of local, state and federal laws, activities associated with trafficking
of controlled substances, finding of weapons and/or controlled substances
on or near the property, increase volume of traffic associated with
the property.
An open area on a lot which is open to the sky that is unoccupied
by any land use or activity except as may otherwise be provided in
the zoning regulations for the Village of Hillburn.
A.
Evidence. In any action under this chapter, evidence of the common
fame and general reputation of the building, structure or place, of
the inhabitants or occupants thereof, or of those resorting thereto,
shall be competent evidence to prove the existence of a property or
building nuisance.
B.
Scienter. If evidence of the general reputation of the building,
structure or place, or of the inhabitants or occupants thereof, is
sufficient to establish the existence of the nuisance, it shall be
prima facie evidence of knowledge thereof and acquiescence and participation
therein and responsibility for the nuisance on the part of the owners,
lessors, lessees, and all those in possession of or having charge
of, as agent or otherwise, or having any interest in any form in the
property, real or personal, used in conducting or maintaining the
property or building nuisance.
C.
Presumptions for the purposes of this section.
(1)
Any building, building accessory, business office, lot or yard wherein, within the period of one year prior to the commencement of an action under this chapter, there have occurred two or more convictions, as defined in § 166-3, on the part of the lessees, owners, operators or occupants of the provisions of the chapter, as defined in § 166-3 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(2)
Any building, building accessory, business office, lot, or yard wherein, within a one-year period prior to the commencement of an action under this chapter, there have occurred four or more violations on the part of the lessees, owners, operators or occupants of the provisions of the chapter, as defined in § 166-3 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(3)
Any building, building accessory, business office, lot, or yard wherein, within the period of one year prior to the commencement of an action under this chapter there has been presented a preponderance of evidence of repeated criminal activity which has an adverse impact, as defined in § 166-3 of this article, on such property or neighborhood, shall be prima facie evidence that a public nuisance exists at said location.
