The Town Board of the Town of Riverhead hereby finds that the peace,
good order and safety of the Town has been jeopardized by the effects
of the nationally recognized drug epidemic and its resultant proliferation
of crack houses and other unlawful activities and that other public
nuisances exist in the Town of Riverhead in the ownership, operation
and maintenance of certain commercial and residential establishments
and the use or alteration of property in flagrant violation of the
public health laws; the Multiple Dwelling Law; penal laws regulating
obscenity, prostitution, drug offenses and related conduct; licensing
laws; environmental laws; laws relating to the sale and consumption
of alcoholic beverages; laws relating to gambling, controlled substances
and dangerous drugs; and penal laws relating to the possession of
stolen property, all of which interfere with the interest of the public
in the quality of life and the total community environment, the tone
of commerce in the Town of Riverhead, property values and the public
health, safety and welfare.
The Town Board of the Town of Riverhead further finds that the continued
occurrence of such activities and violations is detrimental to the
health, safety and welfare of the people of the Town of Riverhead
and of the businesses thereof and visitors thereto.
It is the purpose of the Town Board to create one standardized procedure
for securing legal and equitable remedies relating to the subject
matter encompassed by this article, without prejudice to the use of
procedures otherwise available or recognized under the common law
or existing and subsequently enacted laws, and to strengthen and clarify
existing laws on the subject.
This article shall be known and may be referred to as the "Nuisance
Abatement Law."
Any building, erection or place used, in whole or in part, for the
purpose of obscene performances. The term "obscene" shall have the
same meaning as that term is defined in Subdivision 1 of § 235.00
of the Penal Law. The term "performance" shall have the same meaning
as that term is defined in Subdivision 3 of § 235.00 of
the Penal Law.
Any building, erection or place used, in whole or in part, for the
purpose of promotion of obscene material. The term "obscene" shall
have the same meaning as that term defined in Subdivision 1 of § 235.00
of the Penal Law. The term "material" shall have the same meaning
as that term is defined in Subdivision 2 of § 235.00 of
the Penal Law.
Any building, erection or place used, in whole or in part, for violations
of the provisions of §§ 165.40, 165.45, 165.50, 170.65,
170.70 and 175.10 of the Penal Law or § 415-a of the Vehicle
and Traffic Law.
Any building, erection or place used, in whole or in part, for any
of the unlawful activities described in § 123 of the Alcoholic
Beverage Control Law.
Any building, erection or place used, in whole or in part, for the
commission of a criminal nuisance as that term is defined in § 240.45
of the Penal Law.
Any building, erection or place used, in whole or in part, for the
purpose of conducting a business, activity or enterprise which is
not licensed as required by any federal, state, county or local enactment.
Any building, erection or place used, in whole or in part, for the
regular use, manufacture, distribution, storage or sale of the substances
described in Articles 220 and 221 of the Penal Law. For the purpose
of this article, two or more occurrences of one or more or any combination
of the acts described in this subsection within the one-year period
preceding commencement of an action under this article shall be presumptive
evidence that such acts are regularly occurring.
Any building, erection or place, in whole or in part, wherein
there is occurring a public nuisance not heretofore defined but recognized
as such under the common law.
For the purposes of this article, the term "person" shall be defined
and applied to include persons, firms, partnerships, corporations
and any other entity.
For the purposes of this article, two or more convictions of any
person for violation of any of the aforedescribed provisions of law
within the one-year period preceding commencement of an action under
this article shall be presumptive evidence that the building, erection
or place is a public nuisance.
For the purposes of this article, "conviction" shall be defined and
applied in accordance with the provisions of Subdivision 13 of § 1.20
of the Criminal Procedure Law.
No person shall cause, allow or permit a public nuisance to
exist.
The Town Attorney may bring and maintain a civil proceeding in the
name of the Town of Riverhead to enjoin a public nuisance within the
scope of this article and enjoining the person conducting, maintaining
or permitting the public nuisance from further conducting, maintaining
or permitting the public nuisance. Unless otherwise indicated herein,
said action shall be governed by the provisions of the Civil Practice
Law and Rules.
In addition to any other remedy provided by law, injunctive relief
granted pursuant to this article may provide for the closing of any
building, structure, erection or place and may authorize representatives
of the Town of Riverhead to enter upon the premises and take any necessary
actions to close and appropriately secure the premises so as to prevent
entry to and/or continued use thereof.
In any action brought under this article, the Town Attorney may file
a notice of pendency pursuant to the provisions of Article 65 of the
Civil Practice Law and Rules.
In any action brought under this article, the Town Attorney may apply
for the appointment of a receiver as provided in Article 64 of the
Civil Practice Law and Rules. Solely for the purposes of this article,
the Town of Riverhead shall be deemed to have an interest in the subject
premises, as that term is utilized in § 6401 of the Civil
Practice Law and Rules. Any actions taken hereunder shall not be construed
nor constitute an act of possession, ownership or control of the subject
premises by the Town of Riverhead.
In any action brought under this article, the person in whose name
ownership of the real property affected by the action is recorded
in the office of the Town Assessor or the County Clerk, as the case
may be, shall be presumed to be the owner thereof.
In any action brought under this article, whenever there is evidence
that any person was the manager, operator, supervisor or, in any other
way, in charge of or in possession and/or control of the premises
at the time a public nuisance was being conducted, maintained or permitted,
such evidence shall be presumptive that he, she or it was an agent
or employee of the owner or lessee of the building, erection or place.
The existence of an adequate remedy at law shall not prevent the
granting of temporary, preliminary or permanent injunctive relief
pursuant to this article.
Intentional disobedience or resistance of any provision of an order
or judgment awarding injunctive relief 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 by both.
A judgment rendered awarding a permanent injunction pursuant to this
article shall be and become a lien upon the building, 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 and assessment
liens.
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 Town of Riverhead in investigating, bringing
and maintaining the action and in securing the premises, including
but not limited to reasonable attorneys' fees.
In any action under this article, evidence of the common fame and
general reputation of the building, erection or place of the inmates
or occupants thereof or of those resorting thereto shall be competent
evidence to prove the evidence of the public nuisance. If evidence
of the general reputation of the building, erection or place or of
the inmates or occupants thereof is sufficient to establish the existence
of the public nuisance, it shall be prima facie evidence of knowledge
thereof and acquiescence and participation therein and responsibility
for the nuisance on the part of the owners, lessors, lessees and all
those in possession of or having charge of, as agent or otherwise,
or having any interest in any form in the property, real or personal,
used in conducting or maintaining the public nuisance.
Any person found to have caused, permitted or allowed a public nuisance
to exist shall be liable for a civil penalty in the amount of $1,000
for each day the public nuisance has been conducted, permitted or
maintained.
The Town Attorney may bring and maintain a civil proceeding in the name of the Town of Riverhead to recover the civil penalty provided hereunder against any person conducting, maintaining or permitting a public nuisance within the scope of this article. Said civil penalty may be obtained in the same action described in § 251-15. Upon recovery, such civil penalty shall be paid into the general fund of the Town of Riverhead.
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 Town of Riverhead, including but not limited to all
express and implied powers of the Town Board of the Town of Riverhead.
This article shall not be construed to exclude any civil or criminal
remedy provided by law for the enforcement of this Code or of the
laws of the County of Suffolk, the State of New York or the United
States.