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.
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.
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.
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.
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.