[HISTORY: Adopted by the Town Board of the
Town of Islip 4-8-1997 by L.L. No. 4-1997. Amendments noted where
applicable.]
The Town Board of the Town of Islip hereby finds
that buildings and places used for illegal activities within the Town
of Islip have a devastating effect on the surrounding community and
that these public nuisances exist in occupied and vacant buildings
and on occupied and vacant developed and undeveloped real estate;
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 chapter is to create a standardized
procedure for securing legal and equitable remedies; to strengthen
existing laws so as to effectively prevent buildings, residences,
premises and real estate within the Town of Islip from being used
in such a way as to constitute a public nuisance.
As used in this chapter, the following terms
shall have the meanings indicated.
Applied in accordance with the provisions of Subdivision
13 of § 1.20 of the Criminal Procedure Law.
[Added 12-1-2009 by L.L. No. 12-2009]
Any person, individual, association, entity or corporation
in whose name the affected real estate is recorded with the Suffolk
County Clerk. The person or entit(y)(ies) in whose name the real estate
affected by the action or special proceeding is recorded in the Office
of the County Clerk shall be presumed to be the owner thereof.
[Added 12-1-2009 by L.L. No. 12-2009]
Includes persons, firms, partnerships, corporations and any
other entity.
[Added 12-1-2009 by L.L. No. 12-2009]
[Amended 4-22-2003 by L.L. No. 1-2003; 12-1-2009 by L.L. No.
12-2009]
A conviction for an act in violation of any of the following
parts of the New York State Penal Law, as modified or amended:
Article 220 (Controlled substances).
Article 221 (Offenses involving marijuana).
Article 230 (Prostitution offenses).
Article 225 (Gambling offenses).
Article 165 (other offenses relating to theft) as follows: §§ 165.09,
165.10, 165.40, 165.45, 165.50, 165.52 and 165.54.
Article 270 (other offenses relating to public safety) as follows:
§ 270.00.
Any criminal conduct which creates or results
in the maintaining of a condition which endangers the safety, health
or welfare of the public or that creates or results in the maintenance
of any premises or place where persons gather for the purpose of engaging
in criminal conduct.
Any intentional conduct or occurrence that is
a willful violation of §§ 65, 65-a, 82, 123 or 126 of the
New York Alcoholic Beverage Control Law and § 260.20 of the New
York Penal Law, Prohibited Sales, Prohibited Participation, Unlawful
Purchase, Sale or Consumption of Wine, Liquor or Beer, as modified
or amended.
The use, occupancy and/or maintenance of any
building, residence, premises, structure, place or lot, developed
or undeveloped, including an accessory apartment or an apartment(s)
in violation of the Town Code and/or the Uniform Fire Prevention and
Building Code (with New York State modifications), where such unlawful
use of real property endangers the health, safety or welfare of the
public, including the occupants thereof.
Any building, residence, premises, structure, place or lot,
developed or undeveloped, where an owner or agent has been given written
notice that a conviction for an act of prohibited conduct as defined
herein has taken place at said location and within two years of that
conviction there is an additional conviction at that location for
prohibited conduct for which the owner or agent is again notified
in writing.
[Added 12-1-2009 by L.L. No. 12-2009]
[Added 12-1-2009 by L.L. No. 12-2009[1]]
It is a violation of this chapter for the owner or its agent,
the occupant or person in charge of any building, residence, premises,
structure, place or lot, developed or undeveloped, to allow, cause,
own, lease, permit, facilitate or maintain the creation or occurrence
of a public nuisance.
[Amended 12-1-2009 by L.L. No. 12-2009]
A.
Notice
that a conviction has been entered for an act of prohibited conduct
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 be reasonably 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 Town 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, the date of conviction for the offense charged, a copy of this chapter and a warning that if a second conviction for prohibited conduct, as defined in § 40A-2 of this chapter has taken place within two years of the first conviction, the Town may seek action pursuant to § 40A-5 of this chapter.
[Added 12-1-2009 by L.L. No. 12-2009]
A.
Upon each conviction for an act of prohibited conduct, the Suffolk County Police Department or Town of Islip Code Enforcement may issue a summons to the owner or person in charge of said premises as a violation of § 40A-6 of this chapter.
B.
Upon notification by the Suffolk County Police Department that a first conviction for an act of prohibited conduct has occurred, the Office of the Town Attorney may send the property owner a notice pursuant to the requirements of § 40A-4 of this chapter. Upon a second conviction for an act of prohibited conduct occurring within two years of the first conviction, a second notice as described in § 40A-4 may be sent to the property owner which must also include a notification of the public hearing to be held pursuant to § 40A-6 of this chapter.
C.
The Office of the Town Attorney will then issue a
report, in writing, which shall include but not be limited to:
(1)
Dates, times and general nature of the arrests and
offenses which occurred at the property; and
(2)
Date,
and time of the convictions for the offenses which occurred at the
property; and
(3)
Copies of the first and second notices sent to the
property owner as defined in this chapter.
(4)
Any relevant information as to the history of this
property pertaining to the sale and/or consumption of narcotics, etc.
A.
The Town Board at said public hearing or an emergency public hearing as authorized by the Town Law of the State of New York 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 § 40A-2 of this chapter.
B.
If the Town Board decides said location is in fact
a public nuisance, it may immediately authorize the Town Attorney
to bring and maintain a civil action or special proceeding in the
name of the Town 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, a landlord-tenant
proceeding, 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 attorneys fees.
[Amended 12-1-2009 by L.L. No. 12-2009]
C.
If the
property is found to be vacant and unsecured, the Town Board may immediately
authorize the Commissioner of the Department of Planning and Development
to board up said location, for said location to remain boarded up
until such time as the Town Board deems the location safe and no longer
a public nuisance and assess such costs as a special assessment to
the property owner.
[Added 12-1-2009 by L.L. No. 12-2009]
D.
The Town
Attorney may apply to the court to appoint a temporary receiver to
manage, operate and bring the building, residence, premises, structure,
place or lot into compliance with the Islip Town Code during the pendency
of any action or proceeding. The temporary receiver shall have such
powers as provided for in Article 64 of the New York State Civil Practice
Law and Rules, including but not limited to collecting and holding
all rents from tenants, making or authorizing other persons to make
necessary repairs or to maintain the building, residence, premises,
structure, place or lot, and hiring security or other personnel necessary
to maintain the building, residence, premises, structure, place or
lot safely. The temporary receiver shall keep a written account itemizing
receipts and expenditures, and describing the building, residence,
premises, structure, place or lot and naming the depository of receivership
funds, which shall be open to inspection by any person having an apparent
interest in the property.
[Added 12-1-2009 by L.L. No. 12-2009]
E.
Any person who enters or remains in any structure, building or premises, which has been boarded up pursuant to Subsection C of this section during the period prescribed by Subsection C, shall be guilty of a misdemeanor, and upon conviction thereof, a fine of not less than $2,500 nor more than $7,500 must be imposed and a term of imprisonment for a period not to exceed one year may be imposed, or both. Knowledge that the structure, building or premises, had been boarded up pursuant to Subsection C of this section is not an element of this violation, and said violation shall be one of strict liability.
[Added 12-1-2009 by L.L. No. 12-2009]
[Added 12-1-2009 by L.L. No. 12-2009[1]]
A.
It shall
be a rebuttable presumption that two convictions for prohibited conduct
occurring within 12 months of each other have caused a public nuisance
to exist. This presumption shall be effective for any combination
of two convictions.
B.
Presumption
of agency. Whenever there is evidence that a person was the manager,
operator, supervisor or, in any other way, in charge of the premises
at the time a public nuisance exists because prohibited conduct is
being conducted, maintained or permitted, such evidence shall be presumptive
that he or she was an agent of the property owner.
[Amended 12-1-2009 by L.L. No. 12-2009]
Any violation of this chapter is punishable by a fine of not
more than $5,000 for each offense and/or up to 30 days' imprisonment.
A.
The provisions of this chapter are severable. If any
clause, sentence, paragraph, section, word or part of this chapter
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 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
chapter shall not affect the validity of any other part of this chapter
which can be given effect without such invalid part or parts.
B.
If any portion of this chapter is found to be in conflict
with any other provision of any other local law or ordinance of the
Code of the Town of Islip, the provision which establishes the higher
standard shall prevail.
