The Town Board of the Town of Newburgh finds that public nuisances sometimes exist in the Town of Newburgh in the operation of establishments across a wide range of businesses and private residences and the use of property in violation of the penal laws relating to controlled substances, dangerous drugs, prostitution, stolen property and illegal use or possession of weapons, the defacement of private property and other disturbances, as well as other provisions of state and local law intended to protect the health and safety of the public, which substantially and seriously interfere with the interest of the public in maintaining a high quality of life and healthy community environment, commerce in the Town, property values, the proper allocation of law enforcement and fire protection resources, and the public health, safety and welfare. The Town Board further finds that the occurrence of such activities and violations is detrimental to the health, safety and welfare of the citizens of the Town of Newburgh and to the businesses thereof and visitors thereto. It is the purpose of this chapter to create a system to deter public nuisances, as defined by this chapter, by the imposition of appropriate sanctions and penalties and to permit the powers created herein to be exercised either in conjunction with, or apart from, the powers contained in other laws without prejudice to the use of procedures and remedies available under such other laws. The Town Board further finds that the sanctions and penalties imposed by the Hearing Officer pursuant to this chapter constitute an additional and appropriate method of enforcement in response to the proliferation of the above-described public nuisances. Such sanctions and penalties have been found to be reasonable and necessary in order to promote, protect, and improve the health, safety, and welfare of citizens through timely and effective enforcement of municipal nuisance abatement laws.
[HISTORY: Adopted by the Town Board of the Town of Newburgh 7-14-2025 by L.L. No. 5-2025. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings indicated, unless the context clearly requires otherwise. However, the singular may be interpreted to include the plural, the feminine interpreted to include the masculine, and vice versa.
Any person having legal responsibility for the premises including but not limited to manager, supervisor, superintendent, agent, custodian.
The Chief of the Town of Newburgh Police Department or his or her designee.
An individual hired by the Town Board of the Town of Newburgh for the purpose of adjudicating alleged violations of this chapter.
An event, circumstance or activity at which a single violation, or multiple violations, of the acts prohibited by this chapter occurs.
The person or entity that is listed as the mortgagee on any unsatisfied or otherwise open mortgage on the premises recorded in the office of the Orange County Clerk.
Each person or entity in possession of the premises other than the owner, whether legally or illegally, including without limitation tenant, squatters, roommates, guests.
The person or entity appearing as an owner in the records of the Office of the Orange County Clerk subject to a proceeding under this chapter.
The building, place or property whereon a public nuisance is being conducted or exists or which is the source of same.
A person occupying or using property without the consent of the owner thereof.
A.
For purposes of this chapter, a public nuisance shall be deemed to exist whenever, by reason of violations of any of the following provisions having occurred on or at the premises or having been caused by incidents on or at the premises, 12 or more points are accumulated within a period of six months, or 18 or more points are accumulated within a period of 12 months, in accordance with the following point system. Where more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation. However, the second time an incident occurs at the same premises within the next 12 months, the total points for the incident will be the sum of the two highest point values assigned. For the third, and any subsequent, incidents occurring within the same 12-month period at a premises, the total points for the incident will be the sum of all the point values assigned for all of the violations. The following violations shall be assigned the point value indicated:
(10)
Article 39 of the General Business Law (Possession, sale or manufacture of drug related paraphernalia): six points.
(15)
Article 178 of the Penal Law (Criminal Diversion of Prescription Medications and Prescriptions): four points.
(17)
Section 6512 of the Education Law (practicing a licensed profession without a valid license): four points.
(19)
Operating a business during hours which the business is required to be closed pursuant to a condition of a site plan approval or special permit issued under Chapter 185 (Zoning) of the Code of the Town of Newburgh.: four points.
(20)
Any other felony under New York State Law: four points.
(21)
Any other misdemeanor under New York State Law: three points.
(22)
Any other violation under New York State Law: three points.
(23)
Any other violation of the Town of Newburgh Code: three points.
B.
For purposes of this chapter the Town shall prove by a preponderance of the evidence that the violations have occurred. Proof of a conviction of an offense or a crime in a court of competent jurisdiction or an administrative bureau shall not be required. However, a conviction as defined and applied in accordance with the provisions of § 1.20 of the Criminal Procedure Law, in any court of competent jurisdiction, shall constitute conclusive proof of a violation. Conviction of an attempt to commit a violation of any of the specified provisions shall be considered a conviction for a violation of the specified provision.
C.
A public nuisance shall also be deemed to exist on or in any premises which meets and/or satisfies the conditions described below:
(1)
Any premises in or on which have occurred within a 12-month period six or more violations of any of the provisions of the New York State Uniform Fire Prevention and Building Code and/or provisions of the Town Code pertaining to property maintenance and/or sanitation; or
(2)
Any premises containing any one rent-impairing violation as defined in the New York State Multiple Residence Law and regulations promulgated thereunder, regardless of whether the premises is subject to the New York State Multiple Residence Law, or any one 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 legally adequate egress, safeguards against fire, electrical service, installation and wiring, structural support, ventilation, plumbing, sewerage or drainage facilities, or which are overcrowded or inadequately cleaned or lighted.
D.
Any owner, agent, occupant or mortgagee shall be liable for all violations under this chapter to the extent of such party's legal responsibility for the premises involved in the public nuisance.
E.
Notwithstanding anything to the contrary herein, the following violations shall be assigned zero points:
(1)
Any violation committed against an owner or occupant of a premises which is the dwelling where such owner or occupant is domiciled. A hotel, motel or other accommodation for transient occupancy shall not be deemed a dwelling;
(2)
Any violation involving the dispatch to a premises of an ambulance or emergency medical service provider for an owner or occupant or the emergency dispatch of a care provider for assistance to a person with a disability, except for violations of §§ 260.20 and 260.21 of the Penal Law and Article 263 of the Penal Law; and
In addition to the enforcement procedures established elsewhere in this chapter, the Hearing Officer, after notice and opportunity for a hearing, shall be authorized:
A.
Prior to the issuance of an order by the Hearing Officer, pursuant to this chapter, the Hearing Officer shall give notice as set forth below and an opportunity for a hearing to the owner, and to any mortgagee, agent or occupant to the extent known to the Hearing Officer, and any other person directly or indirectly in control of the premises wherein the public nuisance is being conducted, maintained or permitted, (the "respondent"). Such notice shall be served upon an owner, agent or occupant of the premises pursuant to Article 3 of the New York State Civil Practice Law and Rules, and upon a mortgagee, agent or occupant by means of certified mail, return receipt requested, sent to the recipient's last known address. Service shall be complete immediately upon delivery, mailing or posting without the necessity of filing proof of service with any clerk of any court.
B.
The notice provided for in Subsection A of this section shall:
(1)
Specify the conduct, activity or activities creating the public nuisance;
(2)
Provide the respondent(s) with 30 days for elimination of the public nuisance or such shorter time period in the event such conduct, activity or activities are creating an imminent danger to the public;
(3)
Inform the respondent(s) to whom it is directed of their right to apply within 10 days of service of the notice for a hearing before the Hearing Officer, in default of which the right to a hearing shall be waived and that the Hearing Officer may proceed to a final determination without further notice to the respondent(s) if the public nuisance has not been eliminated within the time set forth in the notice;
(4)
Inform the respondents noncompliance with any written agreement reached at the hearing, or with any order of the Hearing Officer, the Hearing Officer shall act to obtain compliance as provided by this chapter; and
(5)
Inform the respondent(s) of the obligation to post a copy of the notice within five days of service, 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 the time set forth in the notice, the Hearing Officer shall act to obtain compliance as provided in this chapter, including, but not limited to, abating the nuisance.
Lack of knowledge, acquiescence or participation in, or responsibility for, a public nuisance on the part of the owner, occupants, agents, mortgagees 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 to the violation(s).
The Hearing Officer shall issue the order provided for in § 140-3 of this chapter by posting said order on the premises wherein the public nuisance is occurring and mailing a copy by first class mail of said order to the owner, agent, occupants, mortgagee or any other persons directly or indirectly in control of the premises, within one business day of the posting of said order on the premises.
B.
Where the Chief closes a premises pursuant to this section, such closing shall be for such period as the Hearing Officer may direct, but in no event shall the closing be for a period of greater than one year from the issuance of the order.
C.
Upon receiving a copy of the order issued by the Hearing Officer, pursuant to §§ 140-3 and 140-5 of this Chapter, the Town Attorney or Attorney for the Town may maintain a special proceeding to affix a civil penalty in the amount of $10,000, and to collect any costs and expenses incurred by the Town of Newburgh, in commencing the proceeding, closing the premises and in relocating any occupants on the Premises. The Town Attorney or Attorney for the Town shall file a notice of pendency of the proceeding in the Orange County Clerk's office.
D.
The judgment in such proceeding, in favor of the Town of Newburgh, shall establish the penalty sued for with costs and disbursements as a lien upon the premises, subject only to taxes, assessments, water rates, mortgages and mechanics' liens as they exist thereon.
A.
The Town Attorney or Attorney for the Town shall have the power, on ex parte application to any court of competent jurisdiction, to appoint a receiver of rents and profits of the premises for the purposes of collecting the civil penalty established pursuant to § 140-7 of this chapter, and abating the public nuisance. The receiver shall have the powers, duties, and rights, of a receiver of rents and profits of real estate, as provided by law; provided, however, that the Town Attorney or Attorney for the Town shall act as counsel to the receiver, and the receiver shall not be allowed any expenditure for counsel fees, and the receiver's commission shall be no greater than 10% of the receiver's collections from the premises, which sum shall be full compensation for the receiver's services and those of any agent or agents whom the receiver may retain. The receivership shall continue until the amount of the Town of Newburgh's liens, with interest at the rate of 9% per annum and the receiver's commissions, have been fully paid and the nuisance abated; provided, further, that nothing in this section shall be construed to prevent any prior lienor from applying to a court in a proper case for a receiver of the premises.
B.
At any time after the entry of any judgment establishing a lien upon the premises, the Town Attorney or Attorney for the Town, on behalf of the Town of Newburgh, may apply to a court for leave to sell the premises. Upon such application, the court may order the premises sold at public auction, subject to taxes, assessments, water rates, mortgages and mechanics liens.
A.
In addition to all other remedies provided for by law and in the Code of the Town of Newburgh, as an additional supplemental remedy, the Town Board may authorize the Town Attorney or Attorney for the Town to bring and maintain a civil proceeding in the name of the Town in a court of competent jurisdiction pursuant to Article 63 of the Civil Practice Law and Rules to permanently enjoin the nuisance defined in this chapter 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 may 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 chapter. During the pendency of such proceeding, the Town may obtain a temporary order for the immediate vacating of such building, structure, erection or place and/or restraining the defendants 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, improvement, location 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 chapter, the Town Attorney or Attorney for the Town may file a notice of pendency pursuant to the provisions of Article 65 of the Civil Practice Law and Rules.
C.
Penalty; costs of action; costs of abatement of nuisance. If, upon the trial of an action under this chapter, or upon a motion for summary judgment in an action under this chapter, a finding is made that the defendants have intentionally conducted, maintained or permitted a nuisance defined in this chapter, in addition to a permanent injunction, the following penalties and costs, to be included in the judgment, may be awarded in favor of the Town against any and all such defendants, jointly and severally, in an amount not to exceed $1,000 for each day it is found that the defendants intentionally conducted, maintained or permitted the nuisance, and the actual costs including charges, expenses and legal and attorneys' fees of bringing the action; and the actual costs and expenses, including wages, consulting fees, equipment and materials and other costs related to the action undertaken by the Town to secure the premises, abate and prevent the nuisance and remediate its impacts and effects.
A closing directed by the Hearing Officer pursuant to this chapter shall not constitute an act of possession, ownership or control by the Town of Newburgh of the closed premises.
A.
It shall be an offense for any person to use or occupy, or to permit any other person to use or occupy, the premises, or any portion thereof, ordered closed by the Hearing Officer.
B.
Mutilation or removal of a posted order of the Hearing Officer shall be punishable by a fine of not more than $500, or by imprisonment not exceeding 15 days, or both, provided that such order contains therein a notice of such penalty.
C.
Intentional disobedience of or resistance to any provision of the order issued by the Hearing Officer, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $1,000, or imprisonment not exceeding 15 days, or both.
D.
Each day's violation shall constitute a separate offense.
The Town Board may promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter.
Neither the Town of Newburgh, 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 chapter.
For the purposes of this chapter, references to the Penal Law, Alcoholic Beverage and Control Law, Vehicle and Traffic Law, Tax Law, Education Law, Social Services Law and Agriculture and Markets Law shall mean the laws of the State of New York.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be rendered invalid thereby.
Where the performance of any act is prohibited by local law or where the performance of any act is required or demanded by local law and no penalty for a violation of such local law is imposed in any section or chapter of such local law, the doing of such act or the failure to act, as the case may be, shall be punishable by a fine which shall not exceed $1,000 in amount or by imprisonment not exceeding 15 days, or both.
The penalties provided for the violation of any or all Town laws and ordinances, and of all state laws, except where otherwise especially provided, shall be sued for in an action to be brought by the Town of Newburgh in its corporate name, and the amount collected in each and every action shall be paid to the Supervisor of the Town of Newburgh for the use of the Town.
The Town Attorney or Attorney for the Town, as the case may be, is charged with the prosecution of all said actions in behalf of the Town of Newburgh.