[Added 5-16-1989 by L.L. No. 4-1989]
A. 
This Village Board hereby finds that:
(1) 
Buildings and places being employed for the sale of controlled substances, including crack houses, and other public nuisances exist within the Village of Hempstead;
(2) 
The recent proliferation of crack houses has brought to the Village's attention that real estate used for improper purposes can have a devastating effect on the surrounding community;
(3) 
These public nuisances exist in occupied and vacant buildings and on occupied and vacant developed and undeveloped real estate;
(4) 
These public nuisances exist as a result of the operation of certain businesses, establishments and use of property in flagrant violation of pertinent provisions of penal laws, health laws, licensing laws, environmental laws and laws relating to the sale and consumption of alcoholic beverages; and
(5) 
All of these public nuisances interfere with the interest of the public in the quality of life and total community environment, the tone of commerce in the Village, property values and public health, safety and welfare of the residents of this Village.
B. 
The Board further finds and determines that the existence of crack houses and real estate where crack is sold in this Village, together with other public nuisances, is detrimental to the health, safety and welfare of the residents of this Village.
C. 
Therefore, the purpose of this article is to create one standardized procedure for securing legal and equitable remedies, without prejudice to the use of procedures available under existing and subsequently enacted laws; to strengthen existing laws so as to assist the Nassau County District Attorney, the Nassau County Attorney's Office, the Nassau County Executive, Nassau County and the Village of Hempstead as well as all local Police Departments in preventing buildings, residences, premises and real estate within the Village of Hempstead 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:
DEPARTMENT
The Village of Hempstead Corporation Counsel.
NOTICE
A. 
FIRST NOTICE"First notice" that prohibited conduct has occurred shall be given to an owner of the affected real estate by means of certified or registered mail, return receipt requested. Where there are multiple owners, said notice shall be sent to at least one of the owner's addresses as recorded with the Nassau County Clerk. If for any reason the return receipt is not received by the Village of Hempstead, then the notice requirement shall be fulfilled by affixing the notice to the door at the address of at least one of the owners of the premises, as recorded with the Nassau County Clerk. 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 and a listing of all conduct or occurrences that are considered prohibited conduct under this article. It must inform the owner of his obligation to cause the prohibited conduct to cease and must advise the owner that, upon the further occurrence of any prohibited conduct, action pursuant to this article will be commenced by the Village of Hempstead.
B. 
FINAL NOTICE"Final notice" shall be sent to an owner when there is a further occurrence of prohibited conduct within one year of the first notice being given to an owner. The final notice must be sent by the authorized methods for a first notice and must contain the same information as contained in the first notice. It must further inform an owner of the further occurrence of prohibited conduct and inform an owner that he or she is required within five days to cause the prohibited conduct to cease and, if necessary, to make an application to a court of appropriate jurisdiction to accomplish the abatement of the prohibited conduct by any and all nonowner occupants. The notice must further state that if an owner does not take such action within five days of the notice, the Village of Hempstead, pursuant to the provisions of this article, will bring necessary proceedings for any remedies set forth in this article as though the Village were the owner of the premises.
OWNER
Any person, individual, association, entity or corporation in whose name the affected real estate is recorded with the Nassau County Clerk.
PROHIBITED CONDUCT
A. 
Any conduct or occurrence that is in violation of the following articles or sections of the New York State Penal Law:
(1) 
Article 220, Controlled Substances Offenses.
(2) 
Article 230, Prostitution Offenses.
(3) 
Article 225, Gambling Offenses.
(4) 
Sections 221.40, 221.45, 221.50 and 221.55 (criminal sale of marijuana in the fourth through first degree).
(5) 
Sections 165.45, 165.50, 165.52 and 165.54 (criminal possession of stolen property in the fourth through first degree).
(6) 
Sections 165.09 and 165.10 (auto stripping in the second and first degree).
(7) 
Section 170.65, Forgery of a vehicle identification number.
(8) 
Section 170.70, Illegal possession of a vehicle identification number.
B. 
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.
PUBLIC NUISANCE
Any building, residence, premises or place where an owner thereof has been given first notice that prohibited conduct has occurred therein or thereon and, within a period of one year after said first notice has been given, there is an additional occurrence of any prohibited conduct therein or thereon.
A. 
Upon the request of the Mayor, Superintendent of the Building Department, Chief of Police or Village Attorney, the Department is authorized to send notice that prohibited conduct has occurred.
B. 
After first notice has been sent, the Mayor, Superintendent of the Building Department, Chief of Police or Village Attorney shall inform the Department of the recurrence of prohibited conduct at the affected property. Thereafter, the Department shall send final notice to an owner of the affected premises. If no corrective measures are diligently pursued by the owner(s) within the five-day time period provided therein, the Department is authorized to bring and maintain a civil action or proceeding in the name of the Village of Hempstead in any court of appropriate jurisdiction to seek remedies as hereinafter provided.
The Department is authorized to bring and maintain a civil action or special proceeding in the name of the Village in a court of competent jurisdiction for necessary relief, including but not limited to temporary, preliminary and/or permanent equitable remedies, which may include orders to make improvements and/or alterations to a premises; eviction of tenants; ejection of occupants; imposition of civil penalties; the recovery of the costs of the action, including but not limited to investigative costs, litigation expenses and reasonable attorneys fees; or for such other remedies as may be necessary to prevent or enjoin any public nuisance from existing at any building, residence, premises or place within the Village of Hempstead. These remedies may be sought singly or in combination with each other in a court of competent jurisdiction. The owner, lessor and lessee of a building, residence, premises or place where a public nuisance is being conducted, maintained or permitted shall be named as defendants or respondents in the action or special proceeding. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this article. The enforcement of all remedies obtained pursuant to this article shall be carried out by the Mayor, Superintendent of Building Department or Chief of Police.
A. 
Summons or notice. The Department shall name as defendants or respondents the building, residence, premises or place wherein a public nuisance exists because prohibited conduct is being conducted, maintained or permitted, by describing it by block and lot number, street address and at least one of the owners of some part of or interest in the property.
B. 
In rem jurisdiction. In rem jurisdiction shall be complete over the building, residence, premises or place wherein a public nuisance exists because prohibited conduct is being conducted, maintained or permitted by affixing the summons or notice to the door of the building, residence, premises or place and by mailing the summons or notice by certified or registered mail, return receipt requested, to one of the owners of some part of or interest in the property. Proof of service shall be filed within two days thereafter with the Clerk of the court designated in the summons or notice. Service shall be complete upon such filing.
C. 
Service of summons or notice on other defendants or respondents. Defendants or respondents, other than the building, residence, premises or place wherein a public nuisance exists because prohibited conduct is being conducted, maintained or permitted, shall be served with the summons or notice as provided in the New York Civil Practice Law and Rules (hereinafter referred to as "CPLR").
D. 
Notice of pendency. With respect to any action or proceeding commenced or to be commenced pursuant to this section, the Department may file a notice of pendency pursuant to the provisions of Article 65 of the CPLR.
E. 
Presumption of ownership. The person or entity(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.
F. 
Presumption of employment or 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 or employee of the owner or lessee of the building, residence, premises or place.
G. 
Penalty. If, upon order or judgment in an action or special proceeding under this article, a finding is made that the defendant(s) has intentionally conducted, maintained or permitted a public nuisance defined in this article, a civil penalty, to be included in the judgment, may be awarded in an amount not to exceed $500 for each day it is found that the defendant or respondent intentionally conducted, maintained or permitted prohibited conduct to exist at the building, residence, premises or place. Upon recovery, such penalty shall be paid into the general fund of the Village of Hempstead. Defendants or respondents are jointly and severally liable for such penalty.
[Amended 8-4-1992 by L.L. No. 11-1992]
Pending request for any remedy as provided for under this article, the Department may apply for and the court may grant a preliminary injunction enjoining a public nuisance within the scope of this article and the person or persons engaging in or permitting prohibited conduct. A temporary closing order and/or a temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a public nuisance within the scope of this article exists because prohibited conduct is being engaged in or conducted, maintained or permitted.
A. 
If, on a motion for a preliminary injunction pursuant to § 139-153 of this article, the Department shall show by clear and convincing evidence that a public nuisance within the scope of this article exists because prohibited conduct is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires a temporary closing order, a temporary order closing such part of the building, residence, premises or place wherein the public nuisance exists because prohibited conduct is being conducted, maintained or permitted may be granted, without notice, pending an order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary closing order, the court shall direct the holding of a hearing for the preliminary injunction at the earliest possible time, but in no event later than three business days from the granting of such order. A decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.
B. 
Service of temporary closing order. Unless the court orders otherwise, a temporary closing order, together with the papers upon which it was based and a notice of hearing for the preliminary injunction, shall be personally served in the same manner as a summons, as provided in the CPLR.
A. 
Generally. If, on a motion for preliminary injunction pursuant to § 139-153 of this article, the Department shall show by clear and convincing evidence that a public nuisance within the scope of this article exists because prohibited conduct is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires a temporary restraining order, such temporary restraining order may be granted, without notice, restraining the defendants and all persons from removing or in any manner interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting the public nuisance and from further conducting, maintaining or permitting the public nuisance, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary restraining order, the court shall direct the holding of a hearing for the preliminary injunction at the earliest possible time, but in no event later than three business days from the granting of such order. A decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.
B. 
Service of the temporary restraining order. Unless the court orders otherwise, a temporary restraining order and the papers upon which it was based and a notice of hearing for the preliminary injunction shall be personally served in the same manner as a summons, as provided in the CPLR.
A. 
Generally. If, on a motion for a preliminary injunction, the Department submits evidence warranting both a temporary closing order and a temporary restraining order, the court shall grant both orders.
B. 
Inventory upon service of temporary closing orders and temporary restraining orders. The officers serving a temporary closing order or temporary restraining order shall forthwith make and return to the court an inventory of personal property situated in and used in conducting, maintaining or permitting a public nuisance within the scope of this article and shall enter upon the building, residence, premises or place for such purpose. Such inventory shall be taken in any manner which is deemed likely to evidence a true and accurate representation of the personal property subject to such inventory, including but not limited to photographing such personal property.
C. 
Closing of premises pursuant to temporary closing order. The officers serving a temporary closing order shall, upon service of the order, command all persons present in the building, residence, premises or place to vacate forthwith. Upon the building, residence, premises or place being vacated, it shall be securely locked and all keys delivered to the fee owner, lessor or lessee of the building, residence, premises or place involved. If the fee owner, lessor or lessee is not at the building, residence, premises or place when the order is being executed, the officers shall securely padlock the premises and retain the keys until the fee owner, lessor or lessee of the building is ascertained, in which event the officers shall deliver the keys to such owner, lessor or lessee.
D. 
Posting of temporary closing order and temporary restraining order. Upon service of a temporary closing order or a temporary restraining order, the officers shall post a copy thereof in a conspicuous place or upon one or more of the principal doors or entrances of such premises where a public nuisance exists because prohibited conduct is being conducted, maintained or permitted. In addition, where a temporary closing order has been granted, the officers shall affix, in a conspicuous place or upon one or more of the principal doors or entrances of such premises, a printed notice that the premises has been closed by court order, which notice shall contain the legend CLOSED BY COURT ORDER in block lettering of sufficient size to be observed by anyone intending or likely to enter the premises, the date of the order, the court from which issued and the name of the office or agency posting the notice. Furthermore, where a temporary restraining order has been granted, the officers shall affix, in the same manner, a notice similar to the notice provided for in relation to a temporary closing order, except that the notice shall state that certain described activity is prohibited by court order and that removal of property is prohibited by court order. Mutilation or removal of such a posted order or such a posted notice while it remains in force, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than $500 or by imprisonment not exceeding six months, or by both, provided that such order or notice contains therein a notice of such penalty.
[Amended 8-4-1992 by L.L. No. 11-1992]
E. 
Penalty. Intentional disobedience of or resistance to a temporary closing order or a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable, on conviction, as a violation with a fine of not more than $500 or imprisonment not exceeding six months, or by both.
[Amended 8-4-1992 by L.L. No. 11-1992]
A. 
A temporary closing order or temporary restraining order shall be vacated, upon notice to the Department, if the defendant or respondent shows, by affidavit or such other proofs as may be submitted, that the public nuisance within the scope of this article which existed because prohibited conduct was being conducted, maintained or permitted has been abated. An order vacating a temporary closing order shall include a provision authorizing agencies of the Village to inspect the building, residence, premises or place which is the subject of an action pursuant to this article, periodically, without notice, during the pendency of the action for the purpose of ascertaining whether or not the public nuisance has been resumed. It shall be the obligation of the defendant or respondent applying to the court for an order vacating a temporary closing order or temporary restraining order to prove, by affidavit or such other proof deemed appropriate by the court, that the intended occupants of the building have been advised of and consent to a provision authorizing an agency of the Village to inspect without notice as provided herein. Intentional disobedience of or resistance to an inspection provision of an order vacating a temporary closing order or a temporary restraining order, in addition to any other punishment prescribed by law, shall be punishable, on conviction, as a violation with a fine of not more than $500 or imprisonment not exceeding six months, or by both.
[Amended 8-4-1992 by L.L. No. 11-1992]
B. 
A temporary closing order or a temporary restraining order may be vacated by the court, upon notice to the Department, when the defendant or respondent gives an undertaking and the court is satisfied that the public health, safety or general welfare will be protected adequately during the pendency of the action. The undertaking shall be in an amount equal to the assessed valuation of the building, residence, premises or place where the public nuisance is being conducted, maintained or permitted or in such other amount as may be fixed by the court.
A. 
Generally. In any action or special proceeding under this article, the court may, upon motion on notice by the plaintiff or petitioner, appoint a temporary receiver to manage and operate the property during the pendency of the action or proceeding. A temporary receivership shall not continue after final judgment unless otherwise directed by the court. Upon the motion of any party, including the temporary receiver, or on its own initiative, the appointing court may remove a temporary receiver at any time. Any fees due and owing the receiver for services rendered shall be chargeable to the defendant or respondent.
B. 
Powers and duties. The temporary receiver shall have such powers and duties as the court shall direct, including but not limited to collecting and holding all rents due from tenants, leasing or renting portions of the building or structure, making or authorizing other persons to make necessary repairs or to maintain the property, hiring security or other personnel necessary to maintain the premises safely, prosecuting or defending suits flowing from his or her management of the property and retaining counsel therefor, and expending funds from the collected rents in furtherance of the foregoing powers.
C. 
Oath. A temporary receiver, before entering upon his or her duties, shall be sworn or shall affirm faithfully and fairly to discharge the trust committed to such receiver. The oath or affirmation may be administered by any person authorized to take acknowledgments of deeds by the Real Property Law. The oath or affirmation may be waived upon consent of all parties.
D. 
Undertaking. A temporary receiver shall give an undertaking, in an amount to be fixed by the court making the appointment, that such receiver will faithfully discharge his or her duties.
E. 
Accounts. A temporary receiver shall keep written accounts itemizing receipts and expenditures and describing the property and naming the depository of receivership funds, which accounts shall be open to inspection by any person having an apparent interest in the property. Upon motion of the temporary receiver or of any person having an apparent interest in the property, the court may require the keeping of particular records or direct or limit inspection or require the presentation of a temporary receiver's accounts. Notice of motion for the presentation of a temporary receiver's accounts shall be served upon the sureties on the temporary receiver's undertaking as well as upon each party.
When the defendant or respondent gives an undertaking in an amount fixed by the court, together with costs, disbursements and the projected actual costs of the prosecution of the action to be determined by the court, upon a motion on notice to the Department, a preliminary injunction may be vacated by the court. The provisions of the CPLR governing undertakings shall be applicable to this section.
[Amended 8-4-1992 by L.L. No. 11-1992; 7-7-2020 by L.L. No. 3-2020]
A. 
A judgment awarding a permanent injunction pursuant to this article may direct the County Sheriff to seize and remove from the building, residence, premises or place all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance and shall direct the sale by the County Sheriff of such property in the manner provided for the sale of personal property under execution pursuant to the provisions of the CPLR. The net proceeds of any such sale, after deduction of the lawful expenses involved, shall be paid into the general fund of the Village of Hempstead.
B. 
A judgment awarding a permanent injunction pursuant to this article may direct the closing of the building, residence, premises or place by the County Sheriff to the extent necessary to abate the nuisance and shall direct the County Sheriff to post a copy of the judgment and a printed notice of such closing conforming to the requirements of § 139-156D of this article. Mutilation or removal of such a posted judgment or notice while it remains in force, in addition to any other punishment prescribed by law, shall be punishable, on conviction, by a fine of not more than $750 or by imprisonment not exceeding six months, or by both, provided that such judgment contains therein a notice of such penalty. The closing directed by the judgment shall be for such period as the court may direct, but in no event shall the closing be for a period of more than one year from the posting of the judgment provided for in this subsection. If the owner shall file a bond in the value of the property ordered to be closed and submits proof to the court that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, residence, premises or place has been directed to be closed in the judgment, the court may vacate the provisions of the judgment that direct the closing of the building; residence, premises or place. Any closing by the Sheriff pursuant to the provisions of this section shall not constitute an act of possession, ownership or control by the Sheriff of the closed premises.
C. 
Intentional disobedience or resistance to any provision of a judgment awarding a permanent injunction pursuant to this article, in addition to any other punishment prescribed by law, shall be punishable as a violation with a fine of not more than $750 or by imprisonment not exceeding six months, or both.
D. 
A judgment rendered awarding a permanent injunction pursuant to this article shall constitute a lien upon the building, residence, premises or place named in the complaint in such action, such lien to date from the time or filing a notice of lis pendens in the office of the Clerk of the county wherein the building, residence, premises or place is located. Every such lien shall have priority before any mortgage or other lien that exists prior to such filing, except tax and assessment liens.
E. 
A judgment awarding a permanent injunction pursuant to this article shall provide for the costs and disbursements allowed by the CPLR, and in addition, the Village of Hempstead shall be entitled, upon satisfactory proof by affidavit or such other evidence as may be submitted, to its actual costs, expenses and disbursements in investigating, bringing and maintaining the action. The defendants and/or respondents are jointly and severally liable for any such costs, expenses and disbursements.
A. 
Pursuant to the provisions of this article, the Department is authorized to send notice and, if necessary, commence and maintain an action or proceeding for the ejectment or eviction of the occupant(s) or tenant(s) at any building, residence, premises or place where a public nuisance exists.
B. 
In any action or proceeding for ejectment or eviction brought by the Department pursuant to this section, at least one of the owners and any person(s) in possession shall be named and served as defendants or respondents.
C. 
Before the Department may commence an action or proceeding pursuant to this section, the Department shall complete all notice requirements provided for in the definition of "notice" in § 139-149. Upon the failure of the owner or landlord to act pursuant to the requirements set forth in the notice, the Department is authorized to commence an action or proceeding in accordance with this article and as set forth in the notice. Such action or proceeding shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by him and not prosecuted diligently and in good faith.
D. 
A court granting an eviction or ejectment pursuant to this section may, in addition to any other order provided by law, make an order imposing and requiring the payment by the defendant or respondent of a civil penalty not exceeding $500 for each day, after first notice has been given, that the public nuisance was allowed to continue and may also order the payment of the costs to the Village of Hempstead in investigating, bringing and maintaining the action and the recovery of reasonable attorneys' fees by the Village of Hempstead. In any such case, multiple defendants or respondents shall be jointly and severally liable for any payment so ordered, and the amounts of such payments shall constitute a lien upon the subject building, residence, premises or place. Any penalties or fees shall be payable to the Village of Hempstead and shall become a part of the general fund of the Village.
[Amended 8-4-1992 by L.L. No. 11-1992]
E. 
The commencement of a proceeding under this section shall not be construed to exclude any other remedy provided by law for the protection of the health, safety and welfare of the people of the Village of Hempstead.
This article shall not be construed to exclude any other remedy provided by law for the protection of the health, safety and welfare of the people of the Village of Hempstead.
This legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this article constitutes a Type II action pursuant to § 617.13(d)(21) of the New York Code of Rules and Regulations (NYCRR) and within the meaning of § 8-0109(2) of the New York Environmental Conservation Law as a promulgation of regulations, rules, policies, procedures and legislative decisions in connection with continuing agency administration, management and information collection. The Village of Hempstead Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of nonapplicability or nonsignificance in accordance with this article.
This article shall take effect immediately upon filing in the office of the Secretary of State but shall only apply to proscribed conduct occurring on or after the effective date.