[Adopted 2-6-1996 by L.L. No. 2-1996]
The Board of Trustees of the Village of Lindenhurst
hereby finds that buildings and property within the Village of Lindenhurst
are being used for the sale of controlled substances and the consumption
of controlled substances as well as other illegal activities and that
the recent proliferation of such buildings and property has brought
to the Village's attention the negative effect on the surrounding
community of real estate being used for improper, undesirable, illegal
and anti-social purposes and that these public nuisances exist in
occupied and vacant buildings and on occupied and vacant developed
and undeveloped real estate; that these public nuisances exist as
a result of the operation of certain businesses, establishments and
uses of property in flagrant violation of the pertinent provisions
of penal laws, health laws, licensing laws and other regulations;
and that these public nuisances present a substantial risk to the
health and safety of the surrounding community while interfering with
the community's interest in the quality of life as well as their interest
in the value of their property. Therefore, the purpose of this article
is to create a uniform and standardized procedure for securing legal
and equitable remedies; to strengthen existing laws so as to effectively
deal with the problem of nuisance houses in the Village of Lindenhurst
by preventing buildings, residences, premises and real estate within
the Village of Lindenhurst from being used in such a way as to constitute
a "public nuisance."
As used in this article, the following terms
shall have the meanings indicated:
Any building, residence, premises, structure or place where an arrest for prohibited conduct as defined in § 125-13 of this article has taken place at said location.
Any conduct or occurrence that is in violation
of the following Articles of the New York Penal Law:
Article 220 (Controlled Substances Offenses).
Sections 221.40, 221.45, 221.50, 221.55 (Criminal
sale of marijuana in the fourth degree through first degree).
Article 225 (Gambling).
Sections 165.45, 165.50, 165.52, 165.54 (Criminal
possession of stolen property in the fourth degree through first degree).
Sections 165.09, 165.10 (Auto stripping in the
second and first degrees).
Section 170.65 (Forgery of a vehicle identification
number).
Section 170.70 (Illegal possession of a vehicle
identification number plate).
Article 230 (Prostitution offenses).
Article 120 (Gang assault in the first and second degree as
well as reckless endangerment in the first and second degree).
[Added 11-18-2014 by L.L. No. 3-2014]
Article 265 (Firearms and other dangerous weapons).
[Added 11-18-2014 by L.L. No. 3-2014]
Article 130 (Sex offenses).
[Added 11-18-2014 by L.L. No. 3-2014]
Any conduct either unlawful in itself or unreasonable
under all the circumstances that creates or results in the maintaining
of a condition which endangers the safety or health of a considerable
number of persons or creates or results in the maintenance of any
premises or place where persons gather for the purpose of engaging
in unlawful conduct.
Any intentional conduct or occurrence that is in violation of
§§ 65, 65-a, 65-b, 82, 123 and 126 of the New York
Alcoholic Beverage Control Law and § 260.20 of the New York
Penal Law, Prohibited Sales, Prohibited Participant, Unlawful Purchase,
Sale or Consumption of Wine, Liquor or Beer.
[Added 11-18-2014 by L.L. No. 3-2014]
For purposes of § 125-16 of this article, any building, residence, premises, structure or place where an owner or person in charge thereof has been given written notice that an arrest for prohibited conduct as defined in § 125-13 of this article has taken place at said location and within six months of that first arrest there is an additional arrest at that location for prohibited conduct as defined in § 125-13 which the owner or person in charge thereof is again notified of it in writing.
A.
Notice that an arrest for prohibited conduct has occurred
at a location shall be served by personal service upon the owner or
person in charge of the affected building or structure; or if no such
person can reasonably be found, by mailing said owner such notice
by means of certified mail, return receipt requested, to the last
known address as shown by the records of the Village Assessor and
by securely affixing a copy of such notice upon the door of the affected
building or structure.
B.
The notice must contain a statement of the date or dates upon which prohibited conduct took place on the property, the nature of the prohibited conduct, a copy of this article and a warning that if a second arrest is made for prohibited conduct as defined in § 125-13 of this article within six months of the first arrest the Village will seek action pursuant to § 125-16 of this article.
A.
Upon a first or second offense for prohibited conduct, the Department of Code Enforcement and/or the Suffolk County Police Department may issue a summons to the owner or person in charge of said premises for a violation of § 125-17 of this article.
B.
Upon a first offense for prohibited conduct, the Department of Code Enforcement shall send the property owner a notice pursuant to the requirements of § 125-14 of this article. Upon a second offense for prohibited conduct occurring within six months of the first offense, a second notice as described in § 125-14 will be sent to the property owner which will also include a notification of the public hearing to be held pursuant to § 125-16 of this article.
C.
The Department of Code Enforcement will then issue
a report, in writing, to the Village Board of Trustees which shall
include but not be limited to:
(1)
The dates, times and general nature of the arrests
and offenses which occurred at the property.
(2)
Copies of the first and second notices sent to the
property owner as defined in this article.
(3)
Any relevant information as to the history of this
property pertaining to the sale and/or consumption of narcotics, etc.,
and other prohibited conduct.
A.
The Village Board of Trustees, at a public hearing, shall consider such report of prohibited conduct as well as any other information it deems relevant in determining if the location is to be deemed a public nuisance as defined in § 125-13 of this article.
B.
If the Village Board of Trustees decides said location
is in fact a public nuisance, it may immediately authorize the Village
Administrator Clerk to board up said location and assess such costs
as a special assessment to the property owner and authorize the Village
Attorney to bring and maintain a civil action or proceeding in the
name of the Village in a court of competent jurisdiction for equitable
and legal relief, including but not limited to a temporary restraining
order, a preliminary injunction, a permanent injunction and other
equitable remedies as well as civil penalties (fines), including the
recovery of the costs of the action, litigation expenses, board-up
and site cleanup, and reasonable attorney's fees.
C.
Any person who enters or remains in any structure, building or premises, which has been boarded up pursuant to Subsection B of this section during the period prescribed by Subsection B, shall be guilty of a violation, and such a violation is punishable by a fine of not more than $1,000 and/or up to 30 days' imprisonment. Knowledge that the structure, building or premises had been boarded up pursuant to Subsection B of this section is not an element of this violation, and said violation shall be one of strict liability.
[Added 11-18-2014 by L.L. No. 3-2014]
A.
It shall be unlawful for anyone to own or lease any
building, residence, premises, structure or place which is being used
for a nuisance house and/or public nuisance as defined in this article.
B.
Any violation of this section is punishable by a fine
of not more than $1,000 for each offense and/or up to 30 days imprisonment.
A.
The provisions of this article are severable. If any
clause, sentence, paragraph, word or part of this article shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof
but shall be confined in its operation to the clause, sentence, paragraph,
section, word or part thereof directly or involved in the controversy
in which such judgment shall have been rendered. The invalidity of
any word, clause, sentence, paragraph, section or part of this article
shall not affect the validity of any part of this article which can
be given effect without such invalid part or parts.
B.
If any provision of this article is found to be in
conflict with any other provision of any other local law or ordinance
of the Code of the Village of Lindenhurst, the provision which establishes
the higher standard shall prevail.
This law shall take effect immediately upon
filing in the office of the New York State Secretary of State but
shall only apply to proscribed conduct occurring on or after the effective
date.
