The Village Board of the Village of Island Park has determined
that it is an integral and crucial role of the Village's government
to work in tandem with the Nassau County police in its efforts to
thwart and stymie criminals who single out locations within the Village
in which to concentrate the commission of certain particularly nefarious
types of criminal conduct. Crack houses, and similar places where
drugs are used and sold, or where other socially destructive and repugnant
crimes are routinely committed, are extreme blights upon the neighborhoods
of the Village. This public nuisance chapter will provide a substantial
tool to help the police in their continuing efforts to permanently
rid our neighborhoods of these locations and to maintain the Village's
prized quality of life.
As used in this chapter, the following terms shall have the
meanings indicated:
PREDICATE OFFENSE
A violation of any one of the following: Article 220 (Controlled
Substances Offenses), Article 221 (Offenses Involving Marijuana),
Article 230 (Prostitution Offenses) or Article 263 (Sexual Performance
by a Child) of the New York State Penal Law, as amended, or § 65,
65-a, 65-b, 82, 123 or 126 of the New York State Alcoholic Beverage
Control Law, as amended, or § 260.20 (unlawful dealing with
a child) of the New York State Penal Law, as amended.
PUBLIC NUISANCE
Any building or structure in the unincorporated areas of
the Village of Island Park wherein at least two predicate 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 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 be the owner, lessee or otherwise in control
of a building or structure which has become a public nuisance as defined
herein.
Upon the occurrence of any first predicate arrest, it shall be the duty of the Department of Buildings to, within 30 days thereafter, 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 offense leading to such arrest has been alleged to have occurred. 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 predicate arrest shall occur within 12 months after the first, resulting from a second predicate offense having been alleged by the Nassau County police, or by any peace officer acting pursuant to his or her special duties, to have occurred at said building or structure, then the Village and/or its various appropriate departments shall be empowered to proceed as provided in §
367-5 below. This notice shall be sent by personal delivery, or by certified mail, return receipt requested, to such owner, lessee or other person or legal entity at his/her last known address. Upon the occurrence of any such second predicate arrest, the Village shall be authorized to proceed with its enforcement powers provided herein, without need for further notice, except as required in the event that the Village shall take action pursuant to §
367-5B below or except as otherwise provided by law.
If any provision of this chapter shall be adjudged invalid or
unenforceable by a court of competent jurisdiction, then such judgment
shall only affect that provision and shall not affect the validity
or enforceability of any other provision of this chapter.