[HISTORY: Adopted by the Board of Trustees of the Village of Rockville
Centre 10-16-2007 by L.L. No. 7-2007.
Amendments noted where applicable.]
The Board of Trustees of the Village of Rockville Centre hereby finds
and concludes that it is necessary and appropriate for the Village to enact
legislation which would facilitate and encourage the discontinuance of public
nuisances. Existing provisions of law are found to be inadequate for this
purpose, and this chapter is intended to provide the Village with necessary
law enforcement tools to accomplish the goal of abating and eliminating the
public nuisances described in this legislation.
As used in this chapter, unless the context clearly indicates otherwise,
the following terms shall have the meanings indicated:
Includes, but shall not be limited to:
Any building, structure or real property used for the purpose of illegal
use, possession or distribution of a controlled substance or marihuana (marijuana)
as defined by the New York State Penal Law;
Any building, structure or real property used for the purposes of prostitution
as defined by the New York State Penal Law;
Any building, structure or real property used for purposes of indecency,
obscene performances and/or promotion of obscene material as defined by the
New York State Penal Law and/or this Code;
Any building, structure or real property used for purposes of illegal
gambling activity as defined in the New York State Penal Law;
Any building, structure or real property used for the purpose of the
commission of illegal possession, use or sale of firearms or weapons as defined
by the New York State Penal Law;
Any building, structure or real property used for the purpose of illegal
sale, manufacture or consumption of alcohol beverages as defined by the New
York State Alcohol Beverage Control Law;
Any building, structure or real property wherein there exists or has
occurred a criminal nuisance as defined by the New York State Penal Law;
Any building, structure or real property used for purposes of loitering
as defined by the New York State Penal Law;
Any building, structure or real property wherein there exists or has
occurred, within a period of six months, three or more violations of this
Code or the New York State Uniform Fire Prevention and Building Code, or the
Property Maintenance Code of New York State, and any subsequent amendments
or superseding provisions thereto, and which violations have not been cured
within 30 days after notice thereof; or
Any building, structure or real property wherein an owner, occupant,
guest or business invitee commits criminal activities involving assault, gang
assault, harassment or disorderly conduct, as said criminal activities are
defined by the New York State Penal Law.
No owner, operator, manager, tenant, lessee or other occupier or user
of a building, structure or real property shall knowingly conduct, maintain,
permit or allow the existence of a public nuisance at the building, structure
or real property.
Written notice given by first-class mail or by personal delivery to
the property owner, operator, manager, tenant, lessee or to any other occupier
of a building, structure or real property, or any portion thereof, giving
notice of activities entailing a public nuisance at such building, structure
or property or portion thereof, shall be prima facie evidence of knowledge
of the public nuisance.
The existence of two or more criminal convictions for any of the activities
set forth in the definition of a public nuisance in this chapter at any building,
structure or real property within a two-year period prior to the commencement
of a civil action and/or an administrative hearing pursuant to this chapter
shall be prima facie evidence of the existence of a public nuisance. For the
purposes of this section, a "criminal conviction" shall be defined as the
entry of a plea of guilty to and/or a verdict of guilty with respect to one
or more counts set forth in an accusatory instrument.
The occurrence of two or more separate incidents of one or more of the
following activities at any building, structure or real property within a
one-year period prior to the commencement of a civil action and/or an administrative
hearing also shall be prima facie evidence of the existence of a public nuisance
at such building, structure or real property:
A.
Conviction for any of the activities set forth in the
definition of a public nuisance in this chapter occurring on or within 100
feet of the property;
B.
Arrest for any of the activities set forth in the definition
of a public nuisance in this chapter occurring on or within 100 feet of the
property;
C.
Issuance or service of an accusatory instrument charging
any of the activities set forth in the definition of a public nuisance in
this chapter occurring on or within 100 feet of the property. For the purposes
of this subsection, an "accusatory instrument" shall include, but not be limited
to, any criminal information, misdemeanor and/or felony complaint filed in
a court of competent jurisdiction, and/or, with regard to unfit, unsafe and/or
fire-damaged structures on or near the property, a notice of violation or
order to abate issued by the Village Building Department, Police Department,
or Fire Department and/or other authorized entity with jurisdiction in the
Village;
D.
Issuance or service of a search warrant for a building,
structure or real property where controlled substances, marihuana (marijuana),
and/or weapons are seized;
E.
Finding of illegal controlled substances or illegal firearms
or weapons at the building, structure or real property; or
F.
Purchases of illegal controlled substances at the building,
structure or real property by law enforcement agencies or their agents.
A.
The Mayor may authorize the Village Attorney to bring
and maintain a civil action in the name of the Village to abate a public nuisance.
B.
The summons and complaint in such action may name as
defendants the building, structure or real property by describing it by Tax
Map number and/or street address, and also shall name as defendants at least
one of the record owners of some portion of or some interest in the property
where the public nuisance is alleged to have occurred.
C.
The summons and complaint in such action also may name
as defendants any owner, operator, manager, tenant, lessee or other occupier
of the building, structure or real property.
D.
The complaint in such action shall allege the facts constituting
the public nuisance.
E.
The complaint in such action shall be accompanied by
affidavits for purposes of showing that the owner or the owner's agent
had notice of the nuisance and had an opportunity to abate the nuisance.
F.
In rem jurisdiction over the building, structure or real
property may be obtained and completed by affixing a copy of the summons to
the building, structure or real property, and by mailing a copy of the summons
and complaint by certified or registered mail, return receipt requested, to
the record owner(s) of the real property and to each person or entity listed
in the Village records as the person or entity to whom or which tax bills
should be sent.
G.
Defendants other than the building, structure or real
property shall be served with the summons and complaint in the manner required
by state law.
H.
With respect to any action commenced or to be commenced
pursuant to this chapter, the Village Attorney may file a notice of pendency
as authorized pursuant to state law.
If, upon the trial of an action for a public nuisance or upon a motion
for summary judgment, a finding is made that one or more defendants have conducted,
maintained, permitted or allowed a public nuisance, a penalty may be assessed
against such defendant in an amount not to exceed $1,000 for each day it is
found that such defendant conducted, maintained, permitted or allowed the
public nuisance after notice to abate had been given. Upon recovery, such
penalty shall be paid into the Village general fund.
A.
If, upon the trial of an action for a public nuisance
or upon a motion for summary judgment, a finding is made that one or more
defendants have conducted, maintained, permitted or allowed a public nuisance,
a permanent injunction may be granted against such defendants.
B.
Any such permanent injunction may prohibit such defendants
from conducting, maintaining, permitting or allowing the public nuisance,
or may include such other relief as the issuing court may deem appropriate
under the circumstances.
C.
Any such permanent injunction also may authorize agents
of the Village to remove and correct any conditions in violation of this Code,
and direct that the costs of removing and correcting the violations, plus
an additional charge not to exceed 50% as compensation to the Village for
administering, supervising and handling such work, shall be charged against
such property and defendants and awarded to the Village. The amount so awarded
shall constitute a lien against the real property and shall be collected in
the same manner provided by law for the collection of real property taxes
with respect to real property within the Village.
D.
A judgment ordering a permanent injunction also may direct
the closing of the building, structure or real property by the Village Police
Department, to the extent necessary to abate the nuisance.
E.
A judgment awarding a permanent injunction also may provide
for all costs and disbursements allowed by state law, and for the actual costs,
expenses and disbursements of the Village in investigating, bringing and maintaining
the action.
A.
If the judgment in any such action directs the closing
of the building, structure or real property, notice of entry of the judgment
shall be given to defendants in the manner required by state law, and a copy
of such judgment shall be posted at one or more of the entrances to the building,
structure or real property or in another conspicuous place on the building,
structure or real property.
B.
In addition, a printed notice shall be affixed to one
or more of the doors at entrances of the building, structure or real property
or in another conspicuous place on the building, structure or real property,
stating "CLOSED BY COURT ORDER" in block lettering of sufficient size to be
observed by anyone intending to enter the premises.
C.
Mutilation or removal of such posted judgment or notice while it remains in force will be considered a separate violation of this Code and shall be punishable pursuant to § 1-2 of the Village Code.
D.
On or after the posting of such judgment and/or notice,
the Village Police Department may command any and all persons present in the
building, structure or real property, or any portion thereof, which has been
determined to be a public nuisance to vacate such property or portion thereof
forthwith and may secure the said premises after it is vacated.
E.
The closing of a building, structure or property, or
portion thereof, as 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.
F.
A closing of a building, structure or premises, or any
part thereof, pursuant to any such judgment shall not constitute an act of
possession, ownership or control by the Village.
A preliminary injunction enjoining the public nuisance may be granted
in such action pursuant to state law.
A temporary restraining order may be granted in such action, without
notice to defendants, pursuant to state law.
Whenever there is prima facie evidence of a public nuisance at any building,
structure or real property within the Village, the Village Attorney may initiate
an administrative hearing pursuant to this section.
A.
Notice of such hearing shall be served on all record
owners of the building, structure or real property, and may also be served
on any known tenants or lessees or other occupiers of the building, in any
manner authorized for the service of a summons in a civil action.
B.
The notice of hearing shall allege facts constituting
a public nuisance and shall identify the time and place when and where a hearing
will be held before a hearing panel appointed pursuant to this section.
C.
The hearing panel shall consist of one member appointed
by the Superintendent of the Building Department, one member appointed by
the Police Commissioner and one member appointed by the Village Administrator.
No person appointed as a member of the hearing panel may be an elected official
of the Village.
D.
The hearing shall commence at the time and place designated
in the notice. The Village Attorney or his/her designee shall present relevant
evidence and/or witnesses demonstrating the existence of a public nuisance
at the building, structure or real property and as to appropriate remedies.
The owners of the building, structure or real property, or their representatives,
shall have the right to examine such evidence and cross-examine any witnesses
presented by the Village Attorney or his/her designee. The owners of the building,
structure or real property, or their representatives, may present any relevant
evidence and/or witnesses in their defense, and the Village Attorney, or his/her
designee, shall have the right to examine such evidence and cross-examine
any witnesses presented by the owners of the building, structure or real property,
or their representatives.
E.
Within five business days after the conclusion of the
hearing, the hearing panel shall provide findings of fact to the Board of
Trustees. The findings of fact shall state whether there is a prima facie
evidence of the existence of a public nuisance at the building, structure
or real property. In the event there is a finding of such prima facie evidence,
the hearing panel also shall provide a written recommendation of remedies
to abate the public nuisance.
A.
Upon receipt of a finding from the hearing panel concluding
that there is prima facie evidence that a public nuisance exists, and a recommendation
of remedies, the Board of Trustees shall consider the same at a public meeting,
at which the owners of the building, structure or real property, or their
representatives shall have the right to be heard, but not to present additional
evidence. Upon the conclusion of such consideration, the Board of Trustees
may:
(1)
Issue a decision and order suspending or revoking the
certificate of occupancy for a building, structure or property, or portion
thereof, for a period of time not to exceed one year;
(2)
Issue a decision and order directing the closing of the
building, structure or real property to the extent necessary to abate the
nuisance, pursuant to the procedures set forth in this chapter; and/or
(3)
Issue a decision and order that various measures be taken
by the owner, tenant and/or lessee of the property to the extent necessary
to both abate the existing nuisance and ensure the prevention of future nuisance
actions from occurring at or near the property, which shall include, but not
be limited to: requiring the owner to modify and improve the usage and features
of the premises to deter further and future public nuisance activity; mandating
compliance with all applicable building, housing and property maintenance
codes and regulations pursuant to this Code and/or state law; and/or directing
subsequent purchasers to comply with the provisions of any issued order of
revocation or suspension for the certificate of occupancy unless or until
the subsequent purchaser appears before the Board of Trustees to provide an
appropriate plan for the panel to review and make recommendations, wherein
said plan will set forth measures to avoid further incidents of public nuisance.
B.
The decision and order shall be served upon the owner,
tenant and/or lessee of the property in any manner permitted for service of
a summons in a civil action, or by certified mail, return receipt requested,
or by posting in a conspicuous place on the property which is the subject
of the decision and order.
C.
Nothing in this chapter shall limit the authority of
the Board of Trustees to take such other or further actions which it may deem
necessary to abate any existing public nuisance to the extent necessary to
ensure the protection of the heath, safety and welfare of the general public.
