City of Peekskill, NY Administrative Remedies for Property and Building Nuisances

In addition to the enforcement procedures established elsewhere, the City Manager or the City Manager's designee, after notice and opportunity for a hearing with respect to a public nuisance, shall be authorized to:

(1)

Order the closing of the building, structure, erection, individual dwelling unit or place to the extent necessary to abate the nuisance;

(2)

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;

(3)

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 City 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;

(4)

Suspend for a period not to exceed six months or revoke for a period of one year eligibility to secure grants or loans from the City of Peekskill; or

(5)

Any combination of the above.

Service of notice.

(1)

Prior to the issuance of orders by the City Manager or the City Manager's designee pursuant to this section, the City Manager or the City Manager's designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building, erection 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/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 City Manager or the City Manager's 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 for a hearing within 60 days after the occurrence of the most recent violation cited in the notice.

(2)

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 charge 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.

(3)

Every certificate of occupancy, certificate of zoning compliance and real property tax bill issued by any City department shall state the number of nuisance points, if any, assessed against the premises as of the date of the record being issued.

Orders of the City Manager or the City Manager's designee issued pursuant to this section shall be posted at the building, erection or place where a public nuisance exists or is occurring in violation of law and shall be mailed to the owner or record thereof within one business day of the posting.

Five business days after the posting of an order issued pursuant to this section and upon the written directive of the City Manager or the City Manager's designee, officers of the Peekskill Police Department are authorized to act upon and enforce such orders.

Where the City Manager or the City Manager's designee closes a building, erection or place pursuant to this section, such closing shall be for such period as the City Manager or the City Manager's 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 section. If the owner, lessor or lessee shall file a bond in an amount determined by the City Manager or the City Manager's designee, but which may not exceed the value of the property ordered to be closed, and submit proof satisfactory to the City Manager or the City Manager's designee that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, erection or place has been directed to be closed by the order of the City Manager or the City Manager's designee, then the City Manager or the City Manager's designee may vacate the provisions of the order that direct the closing of the building, erection or place.

It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, erection or place, or portion thereof, ordered closed by the City Manager or the City Manager's designee. Mutilation or removal of a posted order of the City Manager or the City Manager's designee shall be punishable by a fine of not more than $250 or by imprisonment not exceeding 15 days, or both, provided that such order contains therein a notice of such penalty.

Intentional disobedience or resistance to any provision of the orders issued by the City Manager or City Manager's designee pursuant to this section, in addition to any other punishment prescribed by law, shall be punishable by a fine or not more than $1,000 or by imprisonment not to exceed six months, or both.

The City Manager or the City Manager's designee may promulgate rules and regulations to carry out and give full effect to the provisions of this section.