The Town Board hereby finds that buildings and properties being
used for the illegal activities described in this Chapter exist within
the Town of Huntington. These public nuisances continue to have a
devastating impact on their surrounding communities by promoting other
illegal activities and threatening the public health, safety and welfare.
The purpose of this Chapter is to amplify the procedures and remedies
available to the Town of Huntington to abate those public nuisances
so as to improve the quality of life throughout the Town. In this
regard, it is the intention of the Town Board to authorize the Town
Attorney, without prior consultation with or approval of the Town
Board, to bring and maintain civil actions in the name of the Town
of Huntington as set forth in this Chapter. In order to accomplish
this goal, the Town Board is exercising its authority pursuant to
Section 10(1)(ii)(d)(3) of the Municipal Home Rule Law to supersede
Sections 64(23), 65, 68(1) and (4), 135(a) of the Town Law and any
other applicable provision of law now or hereinafter enacted, to the
extent that they authorize only the Town Board to maintain an action
or legal proceeding, to compel compliance with or restrain by injunction
the violation of any ordinance, rule or regulation, or to settle or
compromise an action, proceeding or claim.
As used in this chapter, the following terms shall have the
meanings indicated:
PROHIBITED CONDUCT
(A)
Any conduct or occurrence that is in violation
of any of the following provisions of the New York State Penal Law:
(1)
Article 220 (offenses related to controlled substances);
(2)
Article 225 (offenses related to gambling);
(3)
Article 230 (offenses related to prostitution);
(4)
Article 235 (offenses related to obscenity);
(5)
Article 265 (offenses involving firearms and other dangerous
weapons);
(6)
Sections 120.06 or 120.07 (gang assault in the first or second
degree);
(7)
Sections 120.20 or 120.25 (reckless endangerment in the first
or second degree);
(8)
Sections 140.10, 140.14 or 140.17 (criminal trespass in the
first, second or third degree);
(9)
Sections 165.45, 165.50, 165.52 or 165.54 (criminal possession
of stolen property in the first, second, third or fourth degree);
(10)
Sections 165.09, 165.10, 170.65 or 170. 1 (auto stripping in
the first or second degree, forgery of or illegal possession of a
vehicle identification number);
(11)
Section 240.45 or 240.46 (criminal nuisance in the first or
second degree);
(12)
Section 260.20 (unlawfully dealing with a child in the first
degree); or
(13)
Article 263 (offenses involving sexual performance by a child);
(B)
Any conduct or occurrence that is in violation
of Sections 65, 82, or 100 of the New York State Alcoholic Beverage
Control Law;
(C)
Any conduct, occurrence or operation of a business
that is in violation of a federal, state, county or town licensing
or permitting requirement,
(D)
Any conduct or occurrence that is in violation of any of the
following provisions of this Code:
(1)
Chapter
87, Article
IV (certificates of occupancy and of permitted use);
(2)
Chapter
104 (electrical standards and regulations);
(4)
Chapter
117 (solid waste management);
(5)
Chapter
124 (housing standards and property maintenance);
(6)
Chapter
156 (construction hazards and other nuisances including the maintenance of a blighted property designated pursuant to section
156-61);
(7)
Section
188-2 (entering private premises without authority) of Chapter
188 (trespass);
(8)
Chapter
191 (unsafe and damaged buildings and structures); or
(9)
Section
198-10 (use governed by zoning district designation), Section
198-41 (alteration of a landmark or historic building), Section
198-111 (variance and special permit conditions), Section
198-120 (certificate of occupancy required), Section
198-122 (prohibited acts) or Article
XX (accessory dwelling unit requirements) of Chapter
198 (zoning); or
(E)
Any other conduct which creates or results in the maintenance
of a condition which endangers the public health, safety or welfare
or that creates or results in the maintenance of any premises or place
where persons gather for the purpose of engaging in unlawful conduct.
PUBLIC NUISANCE
The use of any building, structure, place or lot, developed
or undeveloped, for the furtherance of prohibited conduct. It shall
be a rebuttable presumption that a public nuisance exists at any location
where
(A)
there have been one or more arrests for the prohibited conduct
on two or more occasions within the past three years; or
(B)
an owner or occupant has been found liable by the Town of Huntington
Bureau of Administrative Adjudication or found guilty by the Suffolk
County District Court as a result of engaging in prohibited conduct
on two or more occasions within the past three years: or
(C)
notice has been given by regular and certified mail to the owner
at the last address shown on the most current assessment roll of the
Town Assessor, that prohibited conduct has occurred at the location
and, within three years of the date of such notice, there is an additional
occurrence of prohibited conduct at the location.
It is a violation of this chapter for the owner or their agent,
the lessor, occupant or person in charge of any building, structure,
place or lot, developed or undeveloped, to conduct, maintain, or permit
a public nuisance to exist at that location.
[Amended 4-11-2024 by L.L. No. 21-2024]
Any person or entity that violates §
50-3 by conducting, maintaining or permitting a public nuisance to exist shall be guilty of an offense and upon conviction thereof shall be subject to a fine of not less than one thousand ($1,000) dollars and not more than five thousand ($5,000) dollars and/or up to fifteen (15) days imprisonment for a first offense, and a fine of not less than two thousand five hundred ($2,500) dollars and not more than seven thousand five hundred ($7,500) dollars, and/or up to fifteen (15) days imprisonment for each additional offense committed within five (5) years of the first offense. Any person or entity found by the Bureau of Administrative Adjudication to have violated §
50-3 shall likewise be subject to a monetary penalty in an amount within the range of fines authorized for a first offense and subsequent offenses respectively.