City of Mount Vernon, NY Article V Public Nuisances

[Adopted 6-27-2001 by L.L. No. 1-2001, approved 7-16-2001[1]]

[1] Editor's Note: This local law also repealed former Art. V, Public Nuisances, adopted 7-13-1988, approved 7-14-1988.

§ 191-21 Findings and purpose.

The Council finds that public nuisances exist in the City of Mount Vernon in the operation of certain establishments and the use of property in flagrant violation of the penal laws relating to prostitution, gambling, controlled substances, dangerous drugs, stolen property and laws relating to the sale and consumption of alcoholic beverages, all of which substantially and seriously interfere with the interest of the public in the quality of life and total community environment, commerce in the City, property values and the public health, safety and welfare. The Council furthers finds that the continued occurrence of such activities and violations is detrimental to the health, safety and welfare of the people of the City of Mount Vernon and of the businesses thereof and the visitors thereto. It is the purpose of the Council to authorize and empower the Commissioner of Public Safety to impose sanctions and penalties for such public nuisances, and such powers of the Commissioner of Public Safety may be exercised either in conjunction with or apart from other laws without prejudice to the use of procedures and remedies available under such laws. The Council further finds that the sanctions and penalties imposed by the Commissioner of Public Safety pursuant to this article constitute an additional and appropriate method of law enforcement in response to the proliferation of the above-described public nuisances. The sanctions and penalties are reasonable and necessary in order to protect the health and safety of the people of the City and to promote the general welfare.

§ 191-22 Declaration of public nuisances.

A. For the purposes of this section and § 191-23, the following are declared to be public nuisances:

(1) Any building, structure or place where violations of any of the provisions of Article 230 of the Penal Law are occurring and where two or more violations of such provisions which have resulted in one or more criminal convictions and one or more arrests have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to § 191-23. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such article has been made within 30 days prior to the issuance of notice pursuant to § 191-23.

(2) Any building, structure or place where violations of any of the provisions of Article 220, 221 or 225 of the Penal Law are occurring and where two or more violations of such provisions which have resulted in one or more criminal convictions and one or more arrests have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to § 191-23. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of such articles has been made within 60 days prior to the issuance of notice pursuant to § 191-23.

(3) Any building, structure or place where violations of any of the unlawful activities set forth in § 123 of the Alcoholic Beverage Control Law are occurring and where two or more violations of such provisions which have resulted in one or more criminal convictions and one or more arrests have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to § 191-23. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the unlawful activities set forth in such section has been made within 60 days prior to the issuance of notice pursuant to § 191-23.

(4) Any building, structure or place where violations of any of the provisions of § 165.40, 165.45, 165.50, 170.70, 175.10, 260.20 or 260.21 of the Penal Law or § 415-a of the Vehicle and Traffic Law are occurring and where two or more violations of such provisions which have resulted in one or more criminal convictions and one or more arrests have occurred within the twelve-month period of time prior to the commencement of a proceeding pursuant to § 191-23. It shall be prima facie evidence that violations are occurring where an arrest for a violation for any of the provisions of such sections has been made within 60 days prior to the issuance of notice pursuant to § 191-23.

B. For the purpose of this section, "conviction" shall be defined and applied in accordance with the provisions of § 1.20 of the Criminal Procedure Law.

§ 191-23 Powers of Commissioner of Public Safety; penalties for offenses.

A. In addition to the enforcement procedures set forth in this Code and any other law, the Commissioner or the Commissioner's designee, after notice, and an opportunity for a hearing, shall be authorized:

(1) To order the discontinuance of such activity at the building, structure, or place where such public nuisance exists; and/or

(2) To order the closing of the building, structure, or place to the extent necessary to abate the nuisance.

B. Prior to the issuance of orders by the Commissioner or the Commissioner's designee pursuant to Subsection A of this section, the Commissioner or the Commissioner's designee shall give notice and opportunity for a hearing to the owner, lessor, lessee and mortgagee of a building structure, or place wherein the public nuisance is being conducted, maintained, or permitted. All notices required herein shall be made pursuant Article 3 of the Civil Practice Law and Rules. The person in whose name the real estate affected by the orders of the Commissioner or the Commissioner's designee is recorded in the office of the City Assessor or the County Clerk, as the case may be, shall be presumed to be the owner thereof. The lack of knowledge of, acquiescence or participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees, and all those persons in possession of or having charge of as agent or otherwise, or having any interest in the property, real or personal, used in conducting or maintaining the public nuisance shall not be a defense by such owners, lessors and lessees, mortgages, and such other persons.

C. Orders of the Commissioner or the Commissioner's designee issued pursuant to this section shall be posted at the building, structure or place where a public nuisance exists or is occurring in violation of law and shall be mailed to the owner of record thereof within one business day of the posting.

D. Five business days after the posting of an order issued pursuant to Subsection A(1) or (2) of this section and upon the written directive of the Commissioner or the Commissioner's designee, officers of the Department of Public Safety are authorized to act upon and enforce such orders.

E. Where the Commissioner or the Commissioner's designee closes a building, structure or place pursuant to Subsection B of this section, such closing shall be for such period as the Commissioner or the Commissioner's designee may direct, but in no event shall the closing be for a period of more than one year from the posting of the order pursuant to Subsection C of this section. If the owner, lessor, or lessee shall file a bond in an amount determined by the Commissioner or the Commissioner's designee but which may not exceed the value of the property ordered to be closed and submit proof satisfactory to the Commissioner or the Commissioner's designee that the nuisance has been abated and will not be created, maintained or permitted for such period of time as the building, structure, or place has been directed to be closed by the order of the Commissioner or the Commissioner's designee, then the Commissioner or the Commissioner's designee may vacate the provisions of the order that direct the closing of the building, structure, or place.

F. A closing directed by the Commissioner or the Commissioner's designee pursuant to Subsection A(2) of this section shall not constitute an act of possession, ownership or control by the City of the closed premises.

G. It shall be a misdemeanor for any person to use or occupy or to permit any other person to use or occupy any building, structure or place or portion thereof ordered closed by the Commissioner or the Commissioner's designee. Mutilation or removal of a posted order of the Commissioner shall be punishable by a fine of not more than $250 or by imprisonment not exceeding 15 days, or both, provided that such order contains a notice of such penalty.

H. Intentional disobedience or resistance, or resistance to any provision of the orders issued by the Commissioner or the Commissioner's designee pursuant to this section, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $5,000 or by imprisonment not exceeding six months, or both.

I. The Commissioner may promulgate rules and regulations to carry out and give full effect to the provisions of § 191-22 and this section.