[Adopted 3-20-2007 by L.L. No. 5-2007]
The Town Board finds that the proliferation of violations of the provisions of the Town Code of the Town of Babylon, specifically as they apply to the illegal occupancy of buildings and structures as dwelling units, has caused a serious threat to the safety and welfare of the residents of the Town, has eroded the quality of life of all who live and work in the Town and has strained the resources of the Town to its limits. The Town Board, therefore, finds it necessary and proper to provide for the prosecution of summary proceedings by the Town Attorney’s Office to vacate illegal occupants of unlawfully occupied buildings or structures used or occupied as dwellings. The Town Board further finds it necessary and proper to prevent property owners and landlords from profiting from violating the New York State Building Code, the New York State Property Maintenance Code, the New York State Fire Code and the Code of the Town of Babylon. Therefore, the Town Board prohibits the collection of rent or any other compensation from tenants or occupants of illegally occupied buildings or structures used as dwellings.
It is the further intent of the Town Board to exercise its authority as provided by law with particular reference to its authority pursuant to Municipal Home Rule Law § 10(4)(b) and § 24 and Town Law § 135.
In addition to the criminal and civil penalties set forth in this Code, the Town Attorney is authorized to pursue summary proceedings to vacate illegally occupied buildings and/or structures under this article when the premises, or any part thereof, are used or occupied as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business or violation of §§ 213-20, 213-62 (A) or (B), 213-77 (A) or (B), 213-92 (A) or (B), 213-130 (A), 153-2 or 153-28 (A) or (B) of the Babylon Town Code. Relief under this article may be sought in any court of competent jurisdiction.
No rent shall be recovered by the owner of any premises during the period of time that said premises is used or occupied as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business or being used or occupied while in violation of Babylon Town Codes §§ 213-20, 213-62 (A) or (B), 213-77 (A) or (B), 213-92 (A) or (B), 213-130 (A), 153-2 or 153-28 (A) or (B).