[HISTORY: Adopted by the Board of Trustees of the Village of Newark 9-21-1999
by L.L. No. 3-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 41.
Alcoholic beverages — See Ch. 48.
Animals — See Ch. 52.
Building construction and fire prevention — See Ch. 62.
Buildings, unsafe — See Ch. 67.
Electrical standards — See Ch. 79.
Littering — See Ch. 96.
Noise — See Ch. 101.
Property maintenance — See Ch. 113.
Secondhand dealers — See Ch. 121.
Streets and sidewalks — See Ch. 145.
Zoning — See Ch. 170.
This chapter shall be known as the "Nuisance Abatement Law of the Village
of Newark."
The Board of Trustees finds that public nuisances exist in the Village
of Newark in the operation of certain establishments and the use of property,
including residential premises, in violation of the Penal Law of the State
of New York, the New York State Uniform Fire Prevention and Building Code
and the Code of the Village of Newark, which nuisances substantially and seriously
interfere with the interest of the public in the quality of life and total
community environment, commerce in the village, property values and the public
health, safety, peace, comfort, conveniences or welfare. The Board of Trustees
further finds that the continued occurrence of such activities and violations
is detrimental to the health, safety and welfare of the people of the Village
of Newark and of the businesses thereof and the visitors thereto. It is the
purpose of this chapter to authorize the village to impose sanctions and penalties
for such public nuisances and remediate the same, and such powers may 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 Board of Trustees further finds that the sanctions and penalties
and remedial measures authorized herein constitute an additional and appropriate
method of law enforcement in response to the proliferation of public nuisances.
The sanctions, penalties and remedial measures are reasonable and necessary
in order to protect the health and safety of the people of the village and
to promote the general welfare.
A.
A public nuisance is declared to exist where behavior
in the use of or on the premises unreasonably interferes with the health,
safety, peace, comfort or convenience of the general community occurring within
a period of six months of such frequency or duration that the continued occupancy
of the premises presumes continuation of such unreasonable interference regardless
of whether or not any person has been convicted for violation of any provisions
of the Penal Law of the State of New York, the New York State Uniform Fire
Prevention and Building Code or the Code of the Village of Newark; or
B.
A public nuisance is declared to exist whenever, through
violations of any of the following provisions resulting from separate incidents
at a building, structure or place, 12 or more points are accumulated within
a period of six months or 18 or more points 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.
(1)
The following violations shall be assigned a point value
of six points:
(a)
Article 220 of the Penal Law - Controlled Substances
Offenses.
(b)
Article 221 of the Penal Law - Offenses Involving Marihuana.
(c)
Article 225 of the Penal Law - Gambling Offenses.
(d)
Article 230 of the Penal Law - Prostitution Offenses.
(e)
Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of
the Penal Law - Criminal possession of stolen property.
(f)
The Alcoholic Beverage Control Law.
(g)
Article 265 of the Penal Law - Firearms and other Dangerous
Weapons.
(h)
Sections 260.20 and 260.21 of the Penal Law - unlawfully
dealing with a child.
(i)
Article 263 of the Penal Law - Sexual Performance by
a Child.
(j)
Section 415-a of the Vehicle and Traffic Law - vehicle
dismantlers.
(k)
Section 175.10 of the Penal Law - falsifying business
records.
(l)
Sections 170.65 and 170.70 of the Penal Law - forgery
of and illegal possession of a vehicle identification number.
(m)
Possession, use, sale or offer for sale of any alcoholic
beverage in violation of Article 18 of the Tax Law, or of any cigarette or
tobacco products in violation of Article 20 of the Tax Law.
(n)
Article 158 of the Penal Law - Welfare Fraud.
(o)
Article 178 of the Penal Law - Criminal Diversion of
Prescription Medications and Prescriptions.
(p)
Section 147 of the Social Services Law - food stamp program
fraud.
(2)
The following violations shall be assigned a point value
of three points:
(m)
9 NYCRR Subtitle S, Chapter I - New York State Uniform
Fire Prevention and Building Code.
(3)
For purpose of this section, where a violation is continuous,
each week a violation continues shall be deemed a separate violation. A conviction
for a violation shall not be required, and such violation shall be established
by a preponderance of the evidence. However, a conviction as defined in accordance
with the provisions of § 1.20 of the Criminal Procedures Law 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.
In addition to the enforcement procedures established elsewhere, the
Board of Trustees or the Board of Trustees' designee, after notice and
opportunity for a hearing with respect to a public nuisance, shall be authorized:
A.
To order the closing of the building, structure or place
to the extent necessary to abate the nuisance; or
B.
To suspend for a period not to exceed six months or revoke
for a period of one year a certificate of occupancy issued for such premises,
and to prevent the operator from obtaining a new certificate of occupancy
for another location for the period of suspension or revocation; or
C.
To suspend for a period not to exceed six months or revoke
for a period of one year any occupational license or permit issued by the
village related to the conduct of a business or trade at the premises, which
suspension or revocation shall also apply to any other locations operated
by the holder for which the license or permit is required; or
D.
Any combination of the above.
Prior to the issuance of orders by the Board of Trustees or the Board
of Trustees' designee pursuant to this section, the Board of Trustees
or the Board of Trustees' designee shall give notice and opportunity
for a hearing to the owner, lessor, lessee and mortgagee of a building, structure
or place wherein the public nuisance is being conducted, maintained or permitted.
Such notice shall be served upon an owner pursuant to Article 3 of the Civil
Practice Law and Rules, upon a lessor or lessee pursuant to § 735
of the Real Property Actions and Proceedings Law 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 with the clerk of any court
before the hearing. The person in whose name the real estate affected by the
orders of the Board of Trustees or the Board of Trustees' designee is
recorded in the office of the County Clerk shall be presumed to be the owner
thereof. Proceedings shall be commenced by service of the notice and opportunity
of a hearing within 60 days after the occurrence of the most recent violation
cited in the notice.
The lack of knowledge of, acquiescence or participation in or responsibility
for a public nuisance on the part of the owners, lessors, lessees, mortgagees
and all those persons in possession or having charges of as agent or otherwise,
or having any interest in the property, real or personal, used in conducting
or maintaining the public nuisance, shall not be a defense by such owners,
lessors and lessees, mortgagees and such other persons.
Five business days after the posting of an order issued pursuant to
this chapter and upon the written directive of the Board of Trustees or the
Board of Trustees' designee, officers of the Newark Police Department
are authorized to act upon and enforce such orders.
Where the Board of Trustees or the Board of Trustees' designee
closed a building, structure or place pursuant to this chapter, such closing
shall be for such period as the Board of Trustees or the Board of Trustees'
designee may direct, but in no event shall the closing be for a period of
more than one year from the posting of the order pursuant to this chapter.
If the owner, lessor or lessee shall file a bond in an amount determined by
the Board of Trustees or the Board of Trustees' designee, but which may
not exceed the value of the property ordered to be closed, and submit proof
satisfactory to the Board of Trustees or the Board of Trustees' designee
that the nuisance has been abated and will not be created, maintained or permitted
for such period of time as the building, structure or place has been directed
to be closed by the order of the Board of Trustees or the Board of Trustees'
designee, then the Board of Trustees or the Board of Trustees' designee
may vacate the provisions of the order that directs the closing of the building,
structure or place.
A closing directed by the Board of Trustees or the Board of Trustees'
designee pursuant to this chapter shall not constitute an act of possession,
ownership or control by the Village of the closed premises.
A.
It shall be a misdemeanor for any person to use or occupy
or to permit any other person to use or occupy any building, structure or
place, or portion thereof, ordered closed by the Board of Trustees or the
Board of Trustees' designee. Mutilation or removal of a posted order
of the Board of Trustees or the Board of Trustees' designee shall be
punishable by a fine of not more than $250 or by imprisonment not exceeding
15 days, or both, provided such orders contain therein a notice of such penalty.
B.
Intentional disobedience or resistance to any provision
of the orders issued by the Board of Trustees or the Board of Trustees'
designee pursuant to this chapter, in addition to any other punishment prescribed
by law, shall be punishable by a fine of not more than $1,000 or by imprisonment
not to exceed six months, or both.
The Board of Trustees or the Board of Trustees' designee may promulgate
rules and regulations to carry out and give full effect provisions of this
chapter.
