[HISTORY: Adopted by the Board of Trustees of the Village
of Mamaroneck 8-14-2023 by L.L. No. 13-2023, effective 8-18-2023. Amendments noted where applicable.]
The Board of Trustees finds that public nuisances interfere
with the quality of life, property values and the public health, safety,
and welfare and the value of real property in the Village of Mamaroneck
and that the continued presence of public nuisances in the Village
of Mamaroneck is detrimental to the health, safety, and welfare of
the residents of, the businesses in and the visitors to the Village
of Mamaroneck. The purpose of this chapter is to encourage property
owners to recognize their responsibility to ensure that activities
occurring on their property do not adversely affect their neighborhoods
and to authorize and empower the Village Manager to take appropriate
action to remedy public nuisances. The Board of Trustees further finds
that the sanctions and penalties imposed pursuant to this chapter
constitute an additional and appropriate response to the presence
of public nuisances and are reasonable and necessary to protect the
health and safety of the residents of the Village of Mamaroneck and
promote the general welfare.
A.
A building, structure or parcel of real property is a public nuisance
if it was used three or more times during the prior 365-day period
for activities involving any of the following or there have been two
or more convictions at the building, structure or parcel of real property
within the prior two years involving:
(1)
Distributing a controlled substances as prohibited by Article 220
of the New York State Penal Law;
(2)
Distributing cannabis as prohibited by Article 222 of the New York
State Penal Law;
(3)
Gambling activity as prohibited by Article 225 of the New York State
Penal Law;
(4)
Engaging in prostitution as prohibited by Article 230 of the New
York State Penal Law;
(5)
Possessing stolen property as prohibited by Article 165 of the New
York State Penal Law §§ 165.40 through 165.45;
(6)
Selling or manufacturing alcohol beverages as prohibited by the New
York State Alcohol Beverage Control Law;
(7)
Selling, using, or possessing firearms or other dangerous weapons
as prohibited by Article 265 of the New York State Penal Law;
(8)
Endangering the welfare of a child, a vulnerable elderly person,
an incompetent, or a physically disabled person as prohibited by §§ 260.20,
260.21, 260.24, 260.25, 260.32 or 260.33 of the New York State Penal
Law;
(9)
A sexual performance by a child as prohibited by Article 263 of the
New York State Penal Law;
(10)
A sex offense prohibited by Article 130 of the New York State
Penal Law;
(11)
A criminal nuisance as defined by §§ 240.45 and
§ 240.46 of the New York State Penal Law;
(13)
Practicing massage therapy without a license in violation of
the New York State Education Law § 7802.
B.
The lack of knowledge, acquiescence, 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.
A.
The Village Manager is authorized to order the discontinuance of
any activity at a building, structure or real property where the public
nuisance exists and to order the closing of the building, structure
or real property to the extent necessary to abate the nuisance.
B.
The Village Manager may not issue an order under this section unless
the owner of the building, structure or real property where the public
nuisance exists, as set forth in the records of the assessor of the
town in which the building, structure or real property is located,
is given not less than 10 days' notice of the proposed order
and an opportunity to be heard in opposition to the proposed order.
The notice must be served in the manner required by Article 3 of the
Civil Practice Law and Rules. The notice must:
(1)
Specify the activity constituting the public nuisance and contain
a sworn statement by a police officer of the conduct allegedly constituting
the public nuisance, but must not contain any information identifying
any victim of that conduct;
(2)
Inform the person to whom it is directed, and any other person directly
or indirectly in control of the premises, and, if any part of the
building, structure or real property is used for residential purposes,
any person residing there, that before any order is issued under this
section, the person is entitled to a hearing before the Village Manager
or the Village Manager's designee.
C.
If the person does not request a hearing within 10 days of service
of the notice, the Village Manager may issue an order under this section
upon finding that the sworn statement by the police officer establishes
that the building, structure, or parcel of real property is a public
nuisance.
D.
If the person requests a hearing within 10 days of service of the
notice, the Village Manager may, after the hearing, issue an order
under this section upon finding that the evidence at the hearing establishes
by a preponderance of the evidence that the building, structure or
parcel of real property is a public nuisance.
E.
The Village Manager must determine whether to issue an order under
this section within 30 days of the service of the notice or, if the
person to whom the notice is directed requests a hearing, within 60
days of the conclusion of the hearing, whichever is later.
F.
Any order issued by the Village Manager pursuant to this chapter
is effective when it is posted at the building, structure or real
property where the public nuisance exists and is mailed to the record
owner of the building, structure or real property, but no natural
person may be evicted from a residential premises pursuant to this
chapter unless the Village Manager finds that the public nuisance
cannot be abated in any other way.
G.
An order issued under this section is valid for one year from its
effective date, but the owner, tenant, and/or lessee of the property,
may, not less than 30 days after the issuance of the order, request
that the Village Manager review the order. Upon receiving that request,
the Village Manager will inspect the premises within 10 business days
and, if the Village Manager determines that the nuisance has been
abated, the Village Manager will, within five days of the inspection,
vacate the provisions of the order that direct the closing of the
building, structure or real property.
H.
An order issued under this section does not constitute an act of
possession, ownership, or control of the premises by the Village.
An order issued under this chapter is subject to judicial review
in the manner provided by Article 78 of the Civil Practice Law and
Rules.
A.
It is a violation of this chapter, punishable by a fine of not more
than $250 per day or by imprisonment not exceeding 15 days, or both,
to use or occupy or to permit any other person to use or occupy any
building, structure or real property in violation of an order issued
under this chapter.
B.
It is a violation of this chapter, punishable by a fine of not more
than $250 or by imprisonment not exceeding 15 days, or both, to mutilate
or remove an order issued under this chapter.
C.
Intentional disobedience or resistance, or resistance to any provision
of the orders issued under this chapter, is punishable, in addition
to any other punishment prescribed by law, by a fine of not more than
$5,000 or by imprisonment not exceeding six months, or both.
Neither the Village of Mamaroneck nor any officer, agent, or
employee of the Village of Mamaroneck is personally liable for any
damage resulting from any official determination, order or action
required or authorized by this chapter.
The powers exercised by the Village Manager under this chapter
may be exercised either in conjunction with or apart from other laws
without prejudice to the use of procedures and remedies available
under such laws. The Village Manager is authorized to promulgate rules
and regulations to give full effect to the provisions of this chapter.
