[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 8-28-2007 by L.L. No. 9-2007; amended in its entirety 10-20-2020 by L.L. No.
7-2020. Subsequent amendments noted where applicable.]
The Town Board of the Town of Oyster Bay hereby finds that buildings
and places used for illegal activities within the Town of Oyster Bay
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 value of their property. Therefore, the purpose of this chapter,
which is being enacted pursuant to the authority of the Town under
§ 130(11) of the New York State Town Law, is to create a
standardized procedure for securing legal and equitable remedies;
to strengthen existing laws so as to effectively prevent buildings,
residences, premises, and real estate within the Town of Oyster Bay
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:
The existence of two or more convictions resulting from an
arrest of any activity defined as a public nuisance in any twelve-month
period shall be presumptive evidence of a public nuisance. The term
"conviction" shall be in accordance with Subdivision 13 of § 1.20
of the New York State Criminal Procedure Law.
Any person having legal title to the premises; a mortgagee
or vendee in possession; a trustee, lessee, occupant, agent, receiver,
or any other person, firm or corporation having legal ownership or
which is directly or indirectly in control of the premises.
An incident or violation of the following articles or sections
of the New York State Penal Law:
Article 220: Controlled substances offenses;
Article 221: Offenses involving the sale of marijuana;
Article 230: Prostitution offenses;
Article 225: Gambling offenses;
Article 165: Other offenses relating to theft;
Article 270: Other offenses relating to public safety;
Article 260: Offenses relating to children;
Article 265: Offenses relating to the discharge of firearms;
Article 140: Trespassing or occupying property under a false
claim of right.
An incident or violation involving any building, structure or
real property used for loitering as defined under the New York State
Penal Law.
An incident or violation involving any building, structure or
real property wherein an occupant, guest or business invitee commits
criminal activities, including, but not limited to, assault, harassment
or disorderly conduct, as said criminal activities are defined by
the New York State Penal Law.
An incident or violation that alleges any conduct either unlawful
in itself or unreasonable under all the circumstances that create
or result in the maintenance of a condition which endangers the safety,
health, or welfare of the public or that creates or results in the
maintenance of any premises or place where persons gather for the
purpose of engaging in unlawful conduct.
An incident or violation of any one of the following: §§ 65,
65-a, 65-b, 82, 123 and 126 of the New York Alcoholic Beverage Control
Law and § 260.20 of the New York Penal Law, Prohibited Sales,
Prohibited Participant, Unlawful Purchase, Sale or Consumption of
Wine, Liquor or Beer.
An incident or violation involving any building used in whole
or in part for the purpose of conducting a business, activity or enterprise
which is not licensed as required by any federal, state, county or
local enactment.
An incident or violation of New York State Education Law § 6512.
A search warrant having been executed at any premises.
A seizure of evidence of a violation of the Penal Law at any
residence.
Notice by certified mail, return receipt requested, or personal
service of the activities entailing a public nuisance to any person
having legal title to the premises; a mortgagee or vendee in possession;
a trustee, lessee, occupant, agent, receiver, or any other person,
firm or corporation having legal ownership or which is directly or
indirectly in control of the premises shall be evidence of knowledge
of the public nuisance.
Any building or structure in the unincorporated areas of
the Town of Oyster Bay wherein at least two predicate incidents or
offenses have been alleged by the Nassau County Police, or by any
peace officer acting pursuant to his or her special duties, to have
occurred, resulting in at least two predicate incidents or arrests
for any thereof within any twelve-month period, but not including
any case in which each of the predicate offenses has been alleged
to have occurred during any single twenty-four-hour period.
It shall be unlawful and a violation of this chapter for any
person or legal entity to own, lease, occupy or otherwise be in control
of a premises, structure, place or lot, developed or underdeveloped,
which is a public nuisance as defined herein.
A.
Upon the occurrence of any first incident or predicate offense and
upon the occurrence of a second incident or predicate offense, it
shall be the duty of the Department of Planning and Development to
provide a written notice as described hereinafter to the owner, lessee
or other person or legal entity in control of the building or structure
where the predicate offenses have been alleged to have occurred.
B.
Upon the occurrence of a first incident or predicate offense, this
notice shall have affixed to it a copy of this chapter, shall identify
the date and underlying charge of the first predicate arrest, as well
as the name and, if known, the address of the arrestee, and shall
declare that if any second incident predicate offense shall occur
within 12 months after the first, resulting from a second incident
or predicate offense having been alleged by the Nassau County Police
Department, or any peace officer acting pursuant to his or her special
duties, to have occurred at the said building or structure, then the
Town and/or its various appropriate departments shall be empowered
to proceed as provided below.
C.
Upon the occurrence of a second incident or predicate offense, this
notice shall have affixed to it a copy of this chapter, shall identify
the date and underlying charge of the first and second incident or
predicate offense, as well as the name and, if known, the address
of the person or arrestee, and shall declare that the Town and/or
its various appropriate departments shall be empowered to institute
an action in any court of competent jurisdiction to enjoin further
occupancy of the building or structure for a period of up to three
years from the date of the second incident or predicate offense, to
seek a temporary closing order, temporary restraining order, preliminary
injunction and/or permanent injunction additionally, and the Town
Board shall be empowered to declare said building or structure to
be a public nuisance and to direct that said building or structure
be physically boarded up and secured from further occupancy for a
period of up to one year from the date of such declaration.
D.
This notice shall be served by personal service upon the owner or
person in control of the affected building, structure, or property
or, if no such person can be reasonably found, by mailing said owner
such notice by means of certified mail, return receipt requested,
to the last known address as shown by the records of the Receiver
of Taxes and by securely affixing a copy of such notice upon the door
of the affected building or structure.
[Added 3-7-2023 by L.L. No. 4-2023]
It shall be a rebuttable presumption that a public nuisance
exists at any location where:
A.
There
have been one or more arrests for a predicate offense (as defined
herein) on two or more occasions within the past three years;
B.
An owner
or occupant has been found liable by the Bureau of Administrative
Adjudication or found guilty by the Nassau County District Court or
other court of competent jurisdiction as a result of engaging in prohibited
conduct on two or more occasions within the past three years; or
C.
Notice has been given in accordance with § 184-4 to the owner at the last address shown on the current assessment roll of the County Assessor, that prohibited conduct has occurred at the location and, within three years of the date of such notice, there is an additional occurrence of prohibited conduct at the location.
A.
In the
event that any building or structure shall be maintained as a public
nuisance as defined herein, then in addition to any District Court
prosecution available to it, the Town shall hereby be empowered to
institute an action in any court of competent jurisdiction to enjoin
further occupancy of the building or structure in question for a period
of up to three years from the date of the second incident or predicate
offense, and shall be further empowered to seek a temporary closing
order, temporary restraining order, preliminary injunction and/or
a permanent injunction to remove such occupancy and secure the premises
therefrom at the earliest possible time.
B.
Additionally, upon completion of notice and hearing as provided in Subsection C hereof, the Town Board shall be empowered to declare said building or structure as a public nuisance so as to be an immediate and substantial threat to the safety and well-being of the inhabitants of the building or structure in question, or of the residents or other occupants of the surrounding vicinity, and to direct that such building or structure be physically boarded up and secured from further occupancy for a period of up to one year from the date of such declaration and to direct that a sign be posted upon all exterior doors of such building or structure, declaring with bold lettering that occupancy thereof is prohibited until further order of the Commissioner of Planning and Development.
C.
In the event that the Town Board shall take action pursuant to Subsection B above, then the notice and hearing shall be undertaken pursuant to the following requirements:
(1)
The notice shall be in writing and shall be provided not less than
10 days prior to the scheduled date of the hearing to the owner, lessee
or other person or legal entity in control of the building or structure
in question by personal delivery or by certified mail, return receipt
requested, to such person(s) or legal entities at their last known
address(es) and by physical delivery to the front door of the premises
in question.
(3)
In the event that a court of competent jurisdiction or the Town Board authorizes action by Town departments to effectuate its directives pursuant to Subsection A or B above, respectively, and in the event that such actions by Town departments are undertaken in accordance therewith, then the Town shall be entitled to assess the cost to the Town of the actions and to charge and file a tax lien for that amount against the tax lot(s) upon which said building or structure is situated, for the amount of such cost, to be collected in the same manner as provided for the collection of property taxes in the Town, generally.
[Amended 3-7-2023 by L.L. No. 4-2023]
A.
Any violation of this section is punishable by a fine of not less than $500, nor more than $1,000 for each offense and/or imprisonment, for not more than 15 days, and for the purpose of prosecution, the violation of § 184-2 hereof shall be deemed to have been committed at the time of the second occurrence of prohibited conduct at that location.
B.
It shall be a misdemeanor, punishable by a fine of not less than
$500, nor more than $1,000 and/or imprisonment for not more than six
months, for any person to enter upon any building or structure which
has been posted and secured pursuant to the provisions of this chapter
except upon written permission of the Commissioner of the Department
of Planning and Development, and it shall be a violation punishable
by a fine of not more than $250 and/or imprisonment for not more than
15 days for any person to remove or deface any notice posted pursuant
to the provisions of this chapter.
C.
Any person found by the Bureau of Administrative Adjudication to
have violated any provision of this chapter shall be subject to a
monetary penalty within the range of fines authorized herein. Any
conduct deemed to be a misdemeanor shall be within the jurisdiction
of the District Court of Nassau County or other court of competent
jurisdiction.
A.
This chapter shall not be construed to exclude any other remedy provided
by law for the protection of health, safety and welfare of the people
of the Town of Oyster Bay, including but not limited to all express
and implied powers of the Town Board of the Town of Oyster Bay.
B.
This chapter shall not be construed to exclude any civil or criminal
remedy provided by law for the enforcement of the Town of Oyster Bay
Code or of the laws of the County of Nassau, the State of New York
or the United States.
The provisions of this chapter are severable. If any clause,
sentence, paragraph, section, word, or part of this chapter 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
chapter shall not affect the validity of any other part of this chapter
which can be given effect without such invalid part or parts.
