[HISTORY: Adopted by the Council of the City
of Beacon as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-17-1972 as Sec. 17-4 of Art. I of the Ch. 17 of the 1972 Code of
Ordinances]
No person shall spit in or upon the floor or platform of any
car or bus used for the transportation of passengers or upon the floor
of any public hall or any place used for public assemblage or in the
halls or upon stairways of any public buildings or upon any of the
sidewalks in the City.
[Adopted 10-21-2019 by L.L. No. 8-2019[1]]
[1]
Editor’s Note: This local law also repealed former Art.
II, Public Nuisance Abatement, adopted 5-16-2011 by L.L. No. 7-2011.
A.
The City Council finds that public nuisances exist in the City of
Beacon in the operation of certain establishments and the use of property
in flagrant violation of certain Penal Law, New York State Uniform
Building and Fire Code 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 City, property values and the public health, safety and welfare.
The City Council further finds that the occurrence of such activities
and violations is detrimental to the health, safety and welfare of
the City of Beacon and its neighborhoods thereof, businesses thereof
and visitors thereto.
B.
As a result of the activities occurring at these properties, and/or
the conditions in which they are maintained, these properties tend
to receive and require more than the general, acceptable level of
police and code enforcement services. As a result, they place an undue
and inappropriate burden on the City's taxpayers. The City Council
has determined that existing laws do not sufficiently encourage such
property owners to take reasonable steps to abate the nuisances that
their properties are creating, and has determined that enhanced penalties
will give such property owners additional incentives to ameliorate
said problems and help to compensate the City for the increase in
code enforcement services.
C.
This article is enacted to encourage property owners to recognize
their responsibility to ensure that activities occurring on their
property conform to the law and do not adversely affect their neighborhoods,
unduly burden the City's resources and provide a mechanism for the
City to take action against property owners who fail to ensure property
they own does not require a disproportionate level of the City's resources
to be devoted to such property.
D.
This article is not intended to discourage crime victims or a person
in legitimate need of police services from requesting them.
E.
This article does not affect a property owner's duty to comply with
all other laws governing residential tenancies which are contained
in New York State statutes.
For the purposes of this article, the following terms shall
have the meanings indicated:
The person who is listed as the mortgagee on any unsatisfied
or otherwise open mortgage on the premises recorded in the office
of the Dutchess County Clerk.
The person in whose name the premises affected by an order,
issued in accordance with this article, is recorded as the owner in
the office of the Dutchess County Clerk.
The Chief of Police of the City of Beacon or their designee,
the Fire Chief of the City of Beacon or their designee, the City Administrator
of the City of Beacon or their designee, the Building Inspector of
the City of Beacon or their designee and a member of the Commission
on Human Rights.
[Amended 5-17-2021 by L.L. No. 05-2021]
The building, place or property whereon a public nuisance
is being conducted or exists.
The below definition of public nuisance is not intended and
shall not be interpreted to cover or include requests for assistance
from police, medical, fire or ambulance services from an owner, tenant
or occupant of a building or premises.
For purposes of this article, a public nuisance shall be presumed to exist pursuant to § 159-5B for any building, structure or real property as follows:
Any building, structure or real property used for the illegal
use, possession or distribution of a controlled substance or marijuana,
as defined by the State Penal Law.
Any building, structure or real property used for prostitution,
as defined by the State Penal Law.
Any building, structure or real property used for indecent or
obscene performances and/or promotion of obscene material, as defined
by the State Penal Law.
Any building, structure or real property used for illegal gambling
activity, as defined by the State Penal Law.
Any building, structure or real property used for the commission
of illegal possession, use or sale of firearms or weapons, as defined
by the State Penal Law.
Any building, structure or real property used for the illegal
sale, manufacture or consumption of alcohol beverages, as defined
by the State Alcoholic Beverage Control Law.
Any building, structure or real property wherein there exists
or has occurred a criminal nuisance, as defined by the State Penal
Law.
Any building, structure or real property used for loitering,
as defined by the State Penal Law.
Any building, structure or real property wherein there exists or has occurred any violation of the City Code, including, but not limited to, Chapter 223, Zoning, and the New York State Uniform Fire Prevention and Building Code, including the Property Maintenance Code of New York State, and any subsequent amendments or superseding provisions thereto, all of which have been previously adopted and incorporated into this Code by reference.
No owner, operator, manager or tenant of any premises shall
conduct, maintain, permit or allow the existence of a public nuisance
at the premises.
A.
Notice by first-class mail or personal service, from the City of
Beacon, of the activities entailing a public nuisance to the owner,
operator, manager or tenant of premises shall be prima facie evidence
of knowledge of a public nuisance.
B.
The following shall constitute prima facie evidence of a public nuisance:
(1)
The existence of two or more incidents of the following activities
at any premises within the three-year period prior to the commencement
of a civil action pursuant to this article shall be prima facie evidence
of the existence of a public nuisance:
(a)
Any conviction or adjournment in contemplation of dismissal for any of the activities set forth in the definition of "public nuisance" in § 159-3 occurring on the premises.
(b)
Service of an accusatory instrument (i.e., notice of violation
or order to remedy) for a violation of the New York State Uniform
Fire Prevention and Building Code and/or any violation of the Code
of the City of Beacon occurring on the premises.
(c)
Service of a search warrant on the building, structure or real
property where controlled substances, marijuana and/or weapons are
seized.
C.
The lack of knowledge of, acquiescence or participation in, or responsibility
for a public nuisance on the part of the owner, mortgagee or any other
person directly or indirectly in control of the premises, or having
any interest in the premises or in any property, real or personal,
used in conducting or maintaining the public nuisance, shall not be
a defense by such owner, mortgagee or other person.
Whenever any panel member has evidence to support a presumption
of public nuisance, they shall notify the other members of the panel
to discuss the public nuisance. The panel shall meet to review all
supporting documentation, including copies of tickets and/or arrest
paperwork. After its review, the panel shall make a determination
on whether a presumption of public nuisance exists at the premises.
A.
Once the panel determines that a presumption of public nuisance exists, the panel shall give notice to the property owner, and any other person directly or indirectly in control of the premises, and any tenants and/or occupants of the premises wherein the public nuisance is being conducted, maintained or permitted. Such notice and opportunity to be heard may be given to a mortgagee of the premises. Such notice shall be served upon an owner or any other person directly or indirectly in control of the premises pursuant to Article 3 of the New York State Civil Practice Law and Rules, and upon a mortgagee by means of certified mail, return receipt requested, sent to the mortgagee's last known address, provided that any service other than delivery to the person to be served shall be complete immediately upon delivery, mailing or posting without the necessity of filing proof of service.
B.
The notice provided for in Subsection A of this section shall:
(1)
Specify the activity creating the public nuisance;
(2)
Provide 30 days for elimination of the public nuisance;
(3)
Inform the owner or any other person directly or indirectly in control
of the premises that, within five days after the 30 days has expired,
the property owner must contact the City to schedule a meeting with
the panel to demonstrate to the panel that the nuisance has been eliminated;
(4)
Inform the owner or any other person directly or indirectly in control
of the premises of their right to request a meeting with the panel
within 10 days of service of the notice;
(5)
Inform the owner or any other person directly or indirectly in control
of the premises that, upon expiration of 35 days after service without
a meeting with the panel, or upon noncompliance with any written agreement
reached with the panel, the City shall act to obtain compliance as
provided by this article; and
(6)
Inform the owner or any other person directly or indirectly in control of the premises of the obligation to post a copy of the notice within five days of receipt of said notice, in a conspicuous place, so that all premises occupants and others entering the premises shall have notice that the public nuisance is being conducted, maintained or permitted on the premises and that, upon expiration of 30 days after service of the notice, the City shall proceed under § 159-10.
A.
Upon receipt of notice, any person served with a notice described
in § 158-7 shall have 10 days upon receipt of notice to
request a meeting with the panel to devise an abatement plan to remedy
the nuisance activity.
(1)
If an abatement plan is not agreed upon, or the owner fails to abide
by the abatement plan and a nuisance activity occurs within 12 months
following the date of the meeting, the panel shall advise the City
Council that a presumption of public nuisance exists on the premises.
(2)
If the owner abides by the abatement plan and no new nuisance activity
occurs within the 12 months following the date of the abatement plan,
the public nuisance determination shall be waived. Any presumption
of public nuisance after 12 months shall require a new determination
by the panel and additional notice pursuant to § 158-7.
B.
If the property owner or any other person directly or indirectly
fails to schedule a meeting with the panel within 10 days of receipt
of the notice described in § 158-7, they shall have 30 days
after service of the notice to eliminate the public nuisance.
(1)
The property owner shall be required to appear before the panel within
five days after the 30 days has expired to demonstrate to the panel
that the nuisance has been eliminated. The property owner must contact
the City to request a meeting with the panel within such time.
(2)
The panel shall make a determination about whether the public nuisance
has been eliminated. If the panel determines that the nuisance has
been abated, the public nuisance determination shall be waived. Any
presumption of a public nuisance after such waiver shall require a
new determination by the panel and additional notice pursuant to § 158-7.
If the panel determines that the nuisance has not been abated, then
the panel shall advise the City Council that a presumption of public
nuisance exists on the premises.
(3)
If the property owner fails to schedule the required meeting with
the panel, the panel shall advise the City Council that a presumption
of public nuisance exists on the premises.
A.
At the direction of the City Council of the City of Beacon, the City
Attorney may bring and maintain a civil proceeding in the name of
the City for the following types of relief:
(1)
Civil penalties. Civil penalties may be pursued in Dutchess County
Supreme Court or in the City Court of the City of Beacon.
(2)
Permanent injunction. Permanent injunction may only be pursued in
Dutchess County Supreme Court.
(3)
Temporary closing order, as set forth under § 159-13. Temporary closing of any structure may only be issued by the Dutchess County Supreme Court.
(4)
Temporary restraining order. A temporary restraining order may only
be pursued in Dutchess County Supreme Court.
(5)
Temporary injunction. A temporary injunction may only be pursued
in Dutchess County Supreme Court.
A.
If the nuisance is not corrected within 30 days of the date of service of the notice set forth in § 159-7, or upon noncompliance with any written agreement reached with the panel, the panel shall notify the City Council that a public nuisance exists.
B.
At the direction of the City Council of the City of Beacon, the City
Attorney may bring and maintain a civil action in the name of the
City to abate a public nuisance and shall commence a civil action
by filing a summons and complaint in the manner required by the New
York State Civil Practice Laws and Rules.
C.
The summons and complaint shall name as defendant at least one of
the owners of some portion of or having some interest in the property,
as set forth in the last filed tax roll, and shall describe the owner's
premises by tax number and/or street address.
D.
The summons and complaint may also name as defendant any owner, operator,
manager or tenant of the premises.
E.
The complaint shall allege the facts constituting the public nuisance.
F.
The complaint shall be accompanied by an affidavit, to affirm that
the owner or their agent had notice of the public nuisance and an
opportunity to abate the public nuisance.
G.
Because the public nuisance is conducted, maintained, permitted or
allowed in the City of Beacon, the venue of such action shall be in
Dutchess County Supreme Court or in the City Court of the City of
Beacon.
H.
In rem jurisdiction over the premises shall be completed by affixing
the summons to the premises and by mailing the summons and complaint
by certified or registered mail, return receipt requested, to the
person in whose name the real property is recorded, as determined
by the last filed tax rolls.
I.
With respect to any action commenced or to be commenced, the City
Attorney may file a notice of pendency pursuant to the New York State
Civil Practice Laws and Rules.
If, upon the trial of an action for a public nuisance or upon
a motion for summary judgment in Supreme Court or in City Court, a
finding is made that defendant(s) have conducted, maintained, permitted
or allowed a public nuisance, notwithstanding any other provision
in the Beacon City Code concerning penalties, a penalty may be awarded
as follows for each day it is found that the defendant conducted,
maintained, permitted or allowed the public nuisance after notice
to abate had been given by the City:
|
Period of Noncompliance
|
Penalty
(per day)
|
|---|---|
|
1 to 15 days
|
$1,000
|
|
16 to 30 days
|
$2,500
|
|
31 days or more
|
$5,000
|
A.
If, upon the trial of a civil action for a public nuisance or upon
a motion for summary judgment in Dutchess County Supreme Court, a
finding is made that the defendant(s) have conducted, maintained,
permitted or allowed a public nuisance, a permanent injunction may
be granted.
B.
A permanent injunction may prohibit the defendant from conducting,
maintaining, permitting or allowing the public nuisance.
C.
A permanent injunction may authorize agents of the City to remove
and correct any condition(s) in violation of the City Code. The judgment
may further order that the cost of removing and correcting the violation(s),
plus a charge of 50% as compensation to the City for administration
and supervision expenses, be charged against the defendant(s) and
awarded to the City. The judgment may further order that the cost
of removing and correcting the violation(s), plus the charge of 50%
as compensation to the City for administration and supervision expenses,
shall constitute a lien against the real property and shall be collected
in the same manner as provided by law for the collection of real property
taxes within the City.
D.
A judgment ordering a permanent injunction may direct the closing
of the premises by the City, to the extent necessary to abate the
public nuisance.
E.
A judgment awarding a permanent injunction shall provide for all
costs and disbursements allowed by the New York State Civil Practice
Laws and Rules and of the actual costs, expenses and disbursements
of the City in investigating, bringing and maintaining the action.
A.
If the judgment directs the closing of the building, structure or
real property, the City shall serve the judgment upon the defendant(s)
in the manner required by the New York State Civil Practice Laws and
Rules and shall post a copy of the judgment upon one or more of the
doors at entrances of the building, structure or real property, or
in another conspicuous place on the building, structure or real property.
B.
In addition, the City shall affix upon one or more of the doors at
entrances of the building, structure or real property, or in another
conspicuous place on the building, structure or real property, a printed
notice stating "CLOSED BY COURT ORDER" in block lettering of sufficient
size to be observed by anyone intending to enter the premises. Mutilation
or removal of such posted judgment or notice while it remains in force
will be considered a separate violation and shall be punishable as
contempt of court.
C.
After posting, the City may then command all persons present in the
building, structure or real property to vacate the property forthwith.
After the building, structure or real property has been vacated, the
City may secure the premises.
D.
The closing directed by the judgment shall be for such period as
the court may direct, but in no event shall the closing be for a period
of more than a year from the posting of the judgment.
E.
A closing by the City shall not constitute an act of possession,
ownership or control by the City.
Neither the City of Beacon, nor any officer, agent or employee
thereof, shall be personally liable for any damage resulting from
any official determination, order or action required or permitted
by or under this article.
If any provision of this article or the application thereof
to any person or circumstances is held invalid, the remainder of this
article and the application of such provision to other persons or
circumstances shall not be rendered invalid thereby.
