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.
CONVICTION 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]
OWNER 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]
PERSON Includes persons, firms, partnerships, corporations and any other entity.
[Added 12-1-2009 by L.L. No. 12-2009]
PROHIBITED CONDUCT [Amended 4-22-2003 by L.L. No. 1-2003; 12-1-2009 by L.L. No. 12-2009]
A. A conviction for an act in violation of any of the following parts of the New York State Penal Law, as modified or amended:
(1) Article 220 (Controlled substances).
(2) Article 221 (Offenses involving marijuana).
(3) Article 230 (Prostitution offenses).
(4) Article 225 (Gambling offenses).
(5) Article 165 (other offenses relating to theft) as follows: §§ 165.09, 165.10, 165.40, 165.45, 165.50, 165.52 and 165.54.
(6) Article 270 (other offenses relating to public safety) as follows: § 270.00.
B. 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.
C. 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.
D. 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.
PUBLIC NUISANCE 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]
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.
[Added 12-1-2009 by L.L. No. 12-2009]
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.