As used in this article, the following terms shall have the
meanings indicated:
Any conduct or occurrence that is in violation of the following
chapters or sections of the New York Penal Law:
Any building, residence, premises, structure or place where
an owner or person in charge thereof has been given written notice
that an arrest for prohibited conduct as defined herein has taken
place at said location and within one year of that first arrest there
is an additional arrest at that location for prohibited conduct as
defined herein of which the owner or person in charge thereof is again
notified in writing.
A.
Notice that an arrest or arrests for prohibited conduct have occurred
at a location shall be served by personal service upon the owner or
person in charge of the affected building or structure or, if no such
person can be reasonably found, by mailing said owner such notice
by means of certified mail, to the last known address as shown by
the records of the Village Assessor and by securely affixing a copy
of such notice upon the door of the affected building or structure.
A copy of the notice shall also be mailed by certified mail to any
mortgagee of record of the property to such address on file with the
Collector of Taxes or, if no such address exists, to the address indicated
on the recorded mortgage.
[Amended 3-8-2010 by L.L. No. 2-2010]
B.
The notice must contain a statement of the date or dates upon which prohibited conduct allegedly took place on the property, the nature of the prohibited conduct, a copy of this article and a warning that if a second arrest is made for prohibited conduct as defined in § 116-7 of this article within one year of the first arrest, the Village will seek action pursuant to § 116-10 of this article.
A.
Upon a second arrest for prohibited conduct within one year at a premises, and in conjunction with the receipt of a second notice of such arrest as provided in § 116-8 herein, the property owner shall be notified of a public hearing to be held by the Board of Trustees to determine whether such premises shall be declared a public nuisance.
B.
Prior to such hearing, the Chief of Police shall issue a report in
writing to the Board of Trustees which shall include but not be limited
to:
(1)
Dates, times and general nature of the arrests and offenses which
occurred at the property.
(2)
Copies of the first and second notices sent to the property owner
as defined in this article.
(3)
Any relevant information as to the history of this property pertaining
to the sale and/or consumption of narcotics, etc.
A.
The Board of Trustees, at said public hearing, shall consider such report of prohibited conduct as well as any other information it deems relevant in determining if the location is to be deemed a public nuisance as defined in § 116-7 of this article.
B.
If the Board of Trustees declares said premises a public nuisance,
it may immediately authorize the Superintendent of Public Works to
board up and otherwise secure said premises and assess such costs
as a special assessment to the property owner and further authorize
the Village Attorney to bring and maintain a civil action or special
proceeding in the name of the Village in a court of competent jurisdiction
for equitable and legal relief including but not limited to a temporary
restraining order, a preliminary injunction, a permanent injunction
and other equitable remedies as well as civil penalties (fines), including
the recovery of the costs of the action, litigation expenses, board-up,
site cleanup and reasonable attorneys' fees.
A.
It shall be unlawful for anyone to own or lease any building, residence,
premises, structure or place which is being used as a crack house
and/or public nuisance as defined in this article.
B.
Any violation of this section is punishable by a fine of not more
than $1,000 for each offense and/or up to 30 days' imprisonment.
A.
The provisions of this article are severable. If any clause, sentence,
paragraph, section, word or part of this article shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the clause, sentence, paragraph, section,
word or part thereof directly involved in the controversy in which
such judgment shall have been rendered. The invalidity of any word,
clause, sentence, paragraph, section or part of this article shall
not affect the validity of any other part of this article which can
be given effect without such invalid part or parts.
B.
If any portion of this article is found to be in conflict with any
other provision of any other local law or ordinance of the Code of
the Village of Amityville, the provision which establishes the higher
standard shall prevail.
