[Ord. of 5-20-1991, § 1]
The Common Council of the City finds that nuisances exist in the City in the use or alteration of residential and commercial property which interfere with the interest of the public and the quality of life and environment of the community, property values and the public health, safety and welfare of the residents of the City. Many of these buildings, structures, erections or places are used in flagrant violation of the Building and Housing Codes, Zoning Ordinances, health laws, the Multiple Residence Law, the Penal Law, laws relating to the sale and consumption of alcoholic beverages and laws relating to controlled substances and dangerous drugs. The Common Council further finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the citizens of the City. It is the intent of the Common Council to create a standardized procedure for securing legal and equitable remedies where such nuisances exist in addition to and to supplement procedures available under existing laws and to strengthen existing laws on the subject.
[Ord. of 5-20-1991, § 1; Ord. of 5-2-1994, § 1; Ord. No. O-07-27, § 1; Ord. No. O-10-32, 11-15-2010, § 2]
The term "nuisance" shall be held to embrace whatever is dangerous to human life or detrimental to health or welfare and shall include but not be limited to:
(a) 
A public nuisance as known as common law, statutory law and in equity jurisprudence.
(b) 
Any building, structure, erection or place where, within a period of one year prior to the commencement of an action under this article, there have occurred two or more violations of any provision of the Alcoholic Beverage Control Law of New York State.
(c) 
Any building, structure, erection or place wherein there is occurring a criminal nuisance as defined in § 240.45 of the Penal Law of New York State.
(d) 
Any building, structure, erection or place wherein, within the period of one year prior to the commencement of an action under this article, there have occurred two or more violations of any of the provisions of Article 220, 221 or 225 of the Penal Law of New York State.
(e) 
Any building, structure, erection or place wherein there has occurred any violation of any of the provisions of Article 39 of the General Business Law of New York State.
(f) 
Any building, structure, erection or place used for the purpose of a business activity or enterprise which is not licensed as required by law.
(g) 
Any building, structure, erection or place containing any rent impairing violation as defined in the New York State Multiple Residence Law and regulations promulgated thereunder, regardless of whether such building, structure, erection or place is subject to the New York State Multiple Residence Law, or any violation of any state or local law, ordinance or regulation which endangers human life or constitutes a threat to human life or health, including but not limited to structures which do not have adequate egress, safeguards against fire, adequate electrical service, installation and wiring, structural support, ventilation, plumbing, sewerage or drainage facilities, is overcrowded or inadequately cleaned or lighted.
(h) 
The building, structure, erection or place is deemed abandoned in that it is a vacant structure and one or more of the following criteria is present:
(1) 
There are unpaid real property taxes or water and sewer charges against the property for one year or more.
(2) 
Junk or debris has accumulated on the property or in the building or structure.
(3) 
The building or structure has unsecured openings.
(4) 
There is evidence of insect, vermin or rodent infestation.
(5) 
The building or structure has a negative visual impact on the surrounding neighborhood and/or caused a substantial depreciation in property values in the immediate neighborhood.
(6) 
The building or structure contains one or more violations of any state or local law, ordinance or regulation, and the owner has failed to remove or repair said building or structure for a period of one year or more.
(7) 
The Building Inspector has given written notice of the requirement to register pursuant to Section 6-39(a)(2) and more than 30 days have elapsed and the owner has failed to register the property as a vacant property.
(i) 
Any building, structure, erection or place used for congregate housing for students or others which has been the subject of two or more complaints to the City administration or City Police Department, which have been confirmed and verified by the City administration or Police Department, for disturbing the surrounding neighborhood by excessive noise and/or holding large parties, which have resulted in excessive noise, garbage and litter, destruction of neighborhood property, increased traffic and parking problems and/or violations, abusive and threatening conduct to neighbors and/or illegal sale and consumption of alcoholic beverages.
(j) 
Any building, structure, erection or place where, within a period of 12 months prior to the commencement of an action under this article, there have occurred six or more violations of any provision of Chapters 9 and 15.
[Ord. of 5-20-1991, § 1; Ord. No. O-07-33, § 1]
(a) 
In addition to all other remedies provided for by law and in the City of Poughkeepsie Code of Ordinances, as an additional supplemental remedy, the Corporation Counsel shall bring and maintain a civil proceeding in the name of the City in the Dutchess County Supreme Court or other court of competent jurisdiction pursuant to Article 63 of the Civil Practice Law and Rules to permanently enjoin the nuisance defined in Section 14-48 of this article and the person or persons conducting, maintaining or permitting the nuisance from further conducting, maintaining or permitting the nuisance. The owner, lessor and lessee of a building, structure, erection or place wherein the nuisance is being conducted, maintained or permitted shall be made defendants in the action. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this article. During the pendency of such proceeding, the City may obtain a temporary order for the immediate vacating of such building, structure, erection or place and/or restraining the defendant and all persons from further conducting, maintaining or permitting the nuisance upon proof that the public health, safety or welfare is threatened or endangered and immediately require a closing of said building, structure, erection or place or order restraining defendants and all other persons from conducting, maintaining or permitting the nuisance.
(b) 
Notice of pendency. With respect to any action commenced or to be commenced by him or her pursuant to this article, the Corporation Counsel may file a notice of pendency pursuant to the provisions of Article 65 of the Civil Practice Law and Rules.
(c) 
Penalty. If, upon the trial of an action under this chapter or, upon a motion for summary judgment in an action under this article, a finding is made that the defendants have intentionally conducted, maintained or permitted a nuisance defined in this article, in addition to a permanent injunction, a penalty, to be included in the judgment, may be awarded in an amount not to exceed $1,000 for each day it is found that the defendants intentionally conducted, maintained or permitted the nuisance. Upon recovery, such penalty shall be paid into the general fund of the City of Poughkeepsie.
[Ord. of 5-20-1991, § 1; Ord. No. O-07-33, § 1]
(a) 
A judgment awarding a permanent injunction pursuant to this article may direct the closing of the building, structure, erection or place by the Sheriff to the extent necessary to abate the nuisance and shall direct the Sheriff to post a copy of the judgment and a printed notice of such closing on the building, structure, erection or place. Mutilation or removal of such a posted judgment or notice while it remains in force, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than $2,500 or by imprisonment not exceeding 15 days, or by both, provided that such judgment contains therein a notice of such penalty. The closing directed by the judgment shall be for such period as the court may direct. A closing by the Sheriff pursuant to the provisions of this subdivision shall not constitute an act of possession, ownership or control by the Sheriff of the closed premises.
(b) 
Intentional disobedience or resistance to any provision of a judgment awarding a permanent injunction pursuant to this article, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $500 or by imprisonment not exceeding six months, or both.
(c) 
A judgment rendered awarding a permanent injunction pursuant to this article shall be and become a lien upon the building, structure, erection or place named in the complaint in such action, such lien to date from the time of filing a notice of lis pendens in the office of the County Clerk. Every such lien shall have priority before any mortgage or other lien that exists prior to such filing except tax liens.
(d) 
A judgment awarding a permanent injunction pursuant to this article shall provide, in addition to the costs and disbursements allowed by the Civil Practice Law and Rules, upon satisfactory proof by affidavit or such other evidence as may be submitted, the actual costs, expenses and disbursements of the City in investigating, bringing and maintaining the action.
[Ord. of 5-20-1991, § 1; Ord. No. O-07-33, § 1]
The sections of this article are severable, and if any phrase, clause, sentence, paragraph, subsection or section shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this article.