[Ord. of 5-20-1991, § 1]
The Common Council of the City finds that nuisances exist in
the City in the use or alteration of residential and commercial property
which interfere with the interest of the public and the quality of
life and environment of the community, property values and the public
health, safety and welfare of the residents of the City. Many of these
buildings, structures, erections or places are used in flagrant violation
of the Building and Housing Codes, Zoning Ordinances, health laws,
the Multiple Residence Law, the Penal Law, laws relating to the sale
and consumption of alcoholic beverages and laws relating to controlled
substances and dangerous drugs. The Common Council further finds that
the continued occurrence of such activities and violations is detrimental
to the health, safety and welfare of the citizens of the City. It
is the intent of the Common Council to create a standardized procedure
for securing legal and equitable remedies where such nuisances exist
in addition to and to supplement procedures available under existing
laws and to strengthen existing laws on the subject.
[Ord. of 5-20-1991, § 1; Ord. of 5-2-1994, § 1; Ord. No. O-07-27, § 1; Ord. No. O-10-32, 11-15-2010, § 2]
The term "nuisance" shall be held to embrace whatever is dangerous
to human life or detrimental to health or welfare and shall include
but not be limited to:
(a)
A public nuisance as known as common law, statutory law and in equity
jurisprudence.
(b)
Any building, structure, erection or place where, within a period
of one year prior to the commencement of an action under this article,
there have occurred two or more violations of any provision of the
Alcoholic Beverage Control Law of New York State.
(c)
Any building, structure, erection or place wherein there is occurring
a criminal nuisance as defined in § 240.45 of the Penal
Law of New York State.
(d)
Any building, structure, erection or place wherein, within the period
of one year prior to the commencement of an action under this article,
there have occurred two or more violations of any of the provisions
of Article 220, 221 or 225 of the Penal Law of New York State.
(e)
Any building, structure, erection or place wherein there has occurred
any violation of any of the provisions of Article 39 of the General
Business Law of New York State.
(f)
Any building, structure, erection or place used for the purpose of
a business activity or enterprise which is not licensed as required
by law.
(g)
Any building, structure, erection or place containing any rent impairing
violation as defined in the New York State Multiple Residence Law
and regulations promulgated thereunder, regardless of whether such
building, structure, erection or place is subject to the New York
State Multiple Residence Law, or any violation of any state or local
law, ordinance or regulation which endangers human life or constitutes
a threat to human life or health, including but not limited to structures
which do not have adequate egress, safeguards against fire, adequate
electrical service, installation and wiring, structural support, ventilation,
plumbing, sewerage or drainage facilities, is overcrowded or inadequately
cleaned or lighted.
(h)
The building, structure, erection or place is deemed abandoned in
that it is a vacant structure and one or more of the following criteria
is present:
(1)
There are unpaid real property taxes or water and sewer charges
against the property for one year or more.
(2)
Junk or debris has accumulated on the property or in the building
or structure.
(3)
The building or structure has unsecured openings.
(4)
There is evidence of insect, vermin or rodent infestation.
(5)
The building or structure has a negative visual impact on the
surrounding neighborhood and/or caused a substantial depreciation
in property values in the immediate neighborhood.
(6)
The building or structure contains one or more violations of
any state or local law, ordinance or regulation, and the owner has
failed to remove or repair said building or structure for a period
of one year or more.
(7)
The Building Inspector has given written notice of the requirement
to register pursuant to Section 6-39(a)(2) and more than 30 days have
elapsed and the owner has failed to register the property as a vacant
property.
(i)
Any building, structure, erection or place used for congregate housing
for students or others which has been the subject of two or more complaints
to the City administration or City Police Department, which have been
confirmed and verified by the City administration or Police Department,
for disturbing the surrounding neighborhood by excessive noise and/or
holding large parties, which have resulted in excessive noise, garbage
and litter, destruction of neighborhood property, increased traffic
and parking problems and/or violations, abusive and threatening conduct
to neighbors and/or illegal sale and consumption of alcoholic beverages.
[Ord. of 5-20-1991, § 1; Ord.
No. O-07-33, § 1]
(a)
In addition to all other remedies provided for by law and in the City of Poughkeepsie Code of Ordinances, as an additional supplemental remedy, the Corporation Counsel shall bring and maintain a civil proceeding in the name of the City in the Dutchess County Supreme Court or other court of competent jurisdiction pursuant to Article 63 of the Civil Practice Law and Rules to permanently enjoin the nuisance defined in Section 14-48 of this article and the person or persons conducting, maintaining or permitting the nuisance from further conducting, maintaining or permitting the nuisance. The owner, lessor and lessee of a building, structure, erection or place wherein the nuisance is being conducted, maintained or permitted shall be made defendants in the action. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this article. During the pendency of such proceeding, the City may obtain a temporary order for the immediate vacating of such building, structure, erection or place and/or restraining the defendant and all persons from further conducting, maintaining or permitting the nuisance upon proof that the public health, safety or welfare is threatened or endangered and immediately require a closing of said building, structure, erection or place or order restraining defendants and all other persons from conducting, maintaining or permitting the nuisance.
(b)
Notice of pendency. With respect to any action commenced or to be
commenced by him or her pursuant to this article, the Corporation
Counsel may file a notice of pendency pursuant to the provisions of
Article 65 of the Civil Practice Law and Rules.
(c)
Penalty. If, upon the trial of an action under this chapter or, upon
a motion for summary judgment in an action under this article, a finding
is made that the defendants have intentionally conducted, maintained
or permitted a nuisance defined in this article, in addition to a
permanent injunction, a penalty, to be included in the judgment, may
be awarded in an amount not to exceed $1,000 for each day it is found
that the defendants intentionally conducted, maintained or permitted
the nuisance. Upon recovery, such penalty shall be paid into the general
fund of the City of Poughkeepsie.
[Ord. of 5-20-1991, § 1; Ord.
No. O-07-33, § 1]
(a)
A judgment awarding a permanent injunction pursuant to this article
may direct the closing of the building, structure, erection or place
by the Sheriff to the extent necessary to abate the nuisance and shall
direct the Sheriff to post a copy of the judgment and a printed notice
of such closing on the building, structure, erection or place. 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 $2,500 or
by imprisonment not exceeding 15 days, 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.
A closing by the Sheriff pursuant to the provisions of this subdivision
shall not constitute an act of possession, ownership or control by
the Sheriff of the closed premises.
(b)
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 by
a fine of not more than $500 or by imprisonment not exceeding six
months, or both.
(c)
A judgment rendered awarding a permanent injunction pursuant to this
article shall be and become a lien upon the building, structure, erection
or place named in the complaint in such action, such lien to date
from the time of filing a notice of lis pendens in the office of the
County Clerk. Every such lien shall have priority before any mortgage
or other lien that exists prior to such filing except tax liens.
(d)
A judgment awarding a permanent injunction pursuant to this article
shall provide, in addition to the costs and disbursements allowed
by the Civil Practice Law and Rules, upon satisfactory proof by affidavit
or such other evidence as may be submitted, the actual costs, expenses
and disbursements of the City in investigating, bringing and maintaining
the action.
[Ord. of 5-20-1991, § 1; Ord.
No. O-07-33, § 1]
The sections of this article are severable, and if any phrase,
clause, sentence, paragraph, subsection or section shall be declared
unconstitutional by the valid judgment or decree of a court of competent
jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this article.
