The Common Council of the City of Peekskill
finds that public nuisances exist in the City of Peekskill in the
operation of certain establishments and the use of property in flagrant
violation of certain Penal Law and Municipal Code provisions, which
nuisances substantially and seriously interfere with the interest
of the public in the quality of life and total community environment,
commerce in the City, property values and the public health, safety
and welfare. The Council further finds that the continued occurrence
of such activities and violations is detrimental to the health, safety
and welfare of the people of the City of Peekskill and of the businesses
thereof and the visitors thereto. It is the purpose of the Council
to authorize and empower the City Manager, acting in his capacity
as Commissioner of Public Safety, to impose sanctions and penalties
for such public nuisances, and such power of the City Manager 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 Council further
finds that the sanctions and penalties imposed by the City Manager
pursuant to this chapter constitute an additional and appropriate
method of law enforcement in response to the proliferation of the
above-described public nuisances. The sanctions and penalties are
reasonable and necessary in order to protect the health and safety
of the people of the City and to promote the general welfare.
This chapter shall be known as the "Property
and Building Nuisance Reform Law."
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, but is not limited to, the following: any search
warrants served on the property where controlled substances and/or
weapons were seized; investigative purchases of controlled substances
on or near the property by law enforcement agencies or their agents;
arrests for violations of controlled substance law and/or possession
of weapons; loitering for the purposes of engaging in illegal activity;
an increase in the volume of traffic associated with property; complaints
made to law enforcement officials of illegal activity associated with
the property; and finding of illegal weapons, as defined in § 265.00
of the Penal Law, or controlled substances, as defined in Articles
220 and 221 of the Penal Law, on or near property by law enforcement
officials and their agents.
A "building" as defined in § 575-60 of the Zoning Code of the City of Peekskill.
A "building accessory" as defined in § 575-60 of the Zoning Code of the City of Peekskill.
A building or portion thereof utilized to accommodate the
activities of a business.
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold or services offered.
The City Manager acting in his capacity as the Commissioner
of Public Safety.
A conviction for an offense in a court of competent jurisdiction
or an administrative bureau shall not be required. Instead, the City
shall prove by a preponderance of the evidence that the violations
have occurred. 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, or a plea of guilty 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.
The presumption of knowledge provided by Subdivision 1 of
§ 235.10 of the Penal Law shall be applicable to this chapter.
Notice, by mail or personal service, of activities detailing a public
nuisance to the property owner of record shall be evidence of knowledge
of the public nuisance.
[Amended 10-25-2021 by L.L. No. 6-2021]
A "lot" as defined in § 575-60 of the Zoning Code of the City of Peekskill.
New York State Penal Law.
A public nuisance shall be deemed to exist whenever, through
violations of any of the following provisions resulting from separate
incidents at a building, structure, individual dwelling unit, erection
or place, or immediately adjacent to the building, structure, erection
or place, as a result of the operation of the business, 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.
The following violations shall be assigned a
point value of six points:
Article 220 of the Penal Law, Controlled Substances
Offenses.
Article 222 of the Penal Law, Offenses Involving
Cannabis.
[Amended 10-25-2021 by L.L. No. 6-2021]
Article 225 of the Penal Law, Gambling Offenses.
Article 230 of the Penal Law, Prostitution Offenses.
Article 265 of the Penal Law, Firearms and other
Dangerous Weapons.
Sections 260.20 and 260.21 of the Penal Law,
Unlawfully dealing with a child.
Article 263 of the Penal Law, Sexual Performance
by a Child.
The Alcoholic Beverage Control Law.
Sections 165.15(4), (6), (7) and (8), 165.40,
165.45, 165.50, 165.52, 165.54, 165.71, 165.72 and 165.73 of the Penal
Law, Criminal possession of stolen property.
Section 415-a of the Vehicle and Traffic Law,
Vehicle dismantlers.
Section 175.10 of the Penal Law, Falsifying
business records.
Sections 170.65 and 170.70 of the Penal Law,
Forgery or illegal possession of a vehicle identification number.
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.
Article 158 of the Penal Law, Welfare Fraud.
Article 178 of the Penal Law, Criminal Diversion
of Prescription Medications and Prescriptions.
Section 147 of the Social Services Law, food
stamp program fraud.
Section 3383 of the Public Health Law, Imitation
controlled substances.
The Agriculture and Markets Law.
Operating a premises without the requisite certificate
of occupancy in violation of the Zoning Code of the City of Peekskill.
[1]Section 2024 of Title 7 of the United States Code, Illegal
Use of Food Stamps.
Section 1324a of Title 9 of the United States
Code, Unlawful Employment of Aliens.
Suffering or permitting the premises to become
disorderly, including suffering or permitting fighting or lewdness.
Chapter 391 of the Code of the City of Peekskill, Noise.
Section 575-50 of the Zoning Code of the City of Peekskill, Certificate of occupancy.
The following violations shall be assigned a
point value of four points:
Chapter 230 of the Code of the City of Peekskill, Commercial Property Maintenance.
Chapter 332 of the Code of the City of Peekskill, Housing Standards.
The Fire Code of the State of New York.
The Residential Code of the State of New York.
The Energy Conservation and Construction Code
of New York State.
The Plumbing Code of New York State.
Any violations of the Zoning Code of the City of Peekskill other than § 575-50, Certificate of occupancy.
Allowing persons on the premises in excess of
occupancy limits.
The following violations shall be assigned a
point value of three points:
Chapter 359 of the Code of the City of Peekskill, Littering.
Chapter 250 of the Code of the City of Peekskill, howling dogs, unlicensed dogs and dangerous or nuisances dogs.
Operating a business at the premises in a manner
which causes it to be a source of disruption for the neighborhood
and/or a focal point of police attention.
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
Conduct, or evidence of conduct, prohibited under this chapter.
A violation does not require criminal prosecution and conviction but
only a preponderance of evidence that the prohibited conduct is occurring
or has occurred. Evidence of prohibited conduct may include, but is
not limited to, police reports, investigative reports, execution of
search warrants, results of police surveillance, arrest and/or conviction
of local and state and federal laws, activities associated with trafficking
of controlled substances, finding of weapons and/or controlled substances
on or near the property, and increased volume of traffic associated
with the property.
All yards (front, rear and side) as defined in § 575-60 of the Zoning Code of the City of Peekskill.
[1]
Editor's Note: Former Subsection A(20), regarding loitering,
was repealed 10-25-2021 by L.L. No. 6-2021. This local law also renumbered
former Subsections A(21) through (24) as Subsection A(20 through (23),
respectively.
A.
Evidence. In any action under this chapter, evidence
of the common fame and general reputation of the building, structure
or place, of the inhabitants or occupants thereof, or of those resorting
thereto, shall be competent evidence to prove the existence of a property
or building nuisance.
B.
Scienter. If evidence of the general reputation of
the building, structure or place, or of the inhabitants or occupants
thereof, is sufficient to establish the existence of the nuisance,
it shall be prima facie evidence of knowledge thereof and acquiescence
and participation therein and responsibility for the nuisance on the
part of the owners, lessors, lessees, and all those in possession
of or having charge of, as agent or otherwise, or having any interest
in any form in the property, real or personal, used in conducting
or maintaining the property or building nuisance.
C.
Presumptions.
(1)
Any building, building accessory, business office, lot or yard wherein, within the period of one year prior to the commencement of an action under this chapter, there have occurred two or more convictions, as defined in § 428-3, on the part of the lessees, owners, operators, or occupants, of the provisions of this chapter as defined in § 428-3 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(2)
Any building, building accessory, business office, lot or yard wherein, within a one-year period prior to the commencement of an action under this chapter, there have occurred four or more violations, on the part of the lessees, owners, operators, or occupants, of the provisions of this chapter as defined in § 428-3 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(3)
Any building, building accessory, business office, lot or yard wherein, within the period of one year prior to the commencement of an action under this chapter, there has been presented a preponderance of evidence of repeated criminal activity which has an adverse impact, as defined in § 428-3 of this article, on such property or neighborhood, shall be prima facie evidence that a public nuisance exists at said location.
