The Town Board of the Town of Poughkeepsie finds that certain establishments in the Town are being operated in flagrant violation of certain federal, state and local laws, and that these illegal activities constitute a substantial and serious interference with the interest of public safety, quality of life, community environment, commerce, property values, and the public health, safety and welfare of Town residents. The Town Board also finds that the Town requires additional remedies to address such nuisances. It is therefore the purpose of this article to provide additional remedies to address these nuisance establishments and to authorize Town officials to impose such remedies, which may be in addition to the use of procedures and remedies available under other laws. The remedies are necessary and reasonable in order to protect the health and safety of the people of the Town and to promote the general welfare. This public nuisance article, which is being enacted pursuant to the authority of the Town under New York State Municipal Home Rule Law § 10 and New York State Town Law §§ 130(11) and 130(15), will provide a substantial tool to help the Town's law enforcement officials in their continuing efforts to address criminal activity.
[Adopted 12-4-2024 by L.L. No. 17-2024]
As used in this article, the following terms shall have the meanings indicated:
An arrest by a local, county, or state law enforcement agency for a violation of a predicate offense.
A violation of any one of the following: Art. 220 (controlled substance offenses), Art. 222 (cannabis), Art. 230 (prostitution offenses) or Art. 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.
Any building or structure in the Town of Poughkeepsie wherein at least two predicate offenses have been alleged by the Town of Poughkeepsie Police or other law enforcement officers 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 article, 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 Building Inspector 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 article, 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 Town of Poughkeepsie Police or other law enforcement officials 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 in § 144-19 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 their last known address. Upon the occurrence of any such second predicate arrest, the Town shall be authorized to proceed with its enforcement powers provided herein, without need for further notice, except as required in the event that the Town shall take action pursuant to § 144-19B below or except as otherwise provided by law.
A.
In the event that any building or structure shall be maintained as a public nuisance as defined herein, then, in addition to any other remedies 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 predicate arrest, and shall be further empowered to seek a temporary restraining order and/or preliminary 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 at Subsection C hereof, the Town Board shall be empowered to declare a public nuisance to be an immediate and substantial threat to the safety and wellbeing 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 Building Inspector.
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 conduct of the hearing to the owner, lessee and/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.
D.
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.
A.
In the event of a criminal prosecution of any owner, lessee or other person in control of a building or structure for the violation of § 144-17 of this chapter, the penalty shall be a fine of $1,000 and/or 15 days' imprisonment, and for the purpose of prosecution, the violation of § 144-17 hereof shall be deemed to have been committed at the time of the second predicate arrest.
B.
It shall be a misdemeanor, punishable by fine of to $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 Building Inspector, and it shall be a violation punishable by a fine of up to $250 and or imprisonment for 15 days for any person to remove or deface any notice posted pursuant to the provisions of this chapter.