[HISTORY: Adopted by the Town Board of the Town of Huntington 5-9-2017 by L.L. No. 13-2017;[1] amended in its entirety 9-14-2021 by L.L. No. 54-2021. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Narcotics Guidance Council — See Ch. 48.
[1]
Editor's Note: This local law also superseded former Ch. 50, Public Nuisances, comprised of Art. I, Illegal Activities, adopted 1-14-1997 by L.L. No. 4-1997, as amended 11-19-2002 by L.L. No. 63-2002.
The Town Board hereby finds that buildings and properties being used for the illegal activities described in this Chapter exist within the Town of Huntington. These public nuisances continue to have a devastating impact on their surrounding communities by promoting other illegal activities and threatening the public health, safety and welfare. The purpose of this Chapter is to amplify the procedures and remedies available to the Town of Huntington to abate those public nuisances so as to improve the quality of life throughout the Town. In this regard, it is the intention of the Town Board to authorize the Town Attorney, without prior consultation with or approval of the Town Board, to bring and maintain civil actions in the name of the Town of Huntington as set forth in this Chapter. In order to accomplish this goal, the Town Board is exercising its authority pursuant to Section 10(1)(ii)(d)(3) of the Municipal Home Rule Law to supersede Sections 64(23), 65, 68(1) and (4), 135(a) of the Town Law and any other applicable provision of law now or hereinafter enacted, to the extent that they authorize only the Town Board to maintain an action or legal proceeding, to compel compliance with or restrain by injunction the violation of any ordinance, rule or regulation, or to settle or compromise an action, proceeding or claim.
As used in this chapter, the following terms shall have the meanings indicated:
PROHIBITED CONDUCT
(A) 
Any conduct or occurrence that is in violation of any of the following provisions of the New York State Penal Law:
(1) 
Article 220 (offenses related to controlled substances);
(2) 
Article 225 (offenses related to gambling);
(3) 
Article 230 (offenses related to prostitution);
(4) 
Article 235 (offenses related to obscenity);
(5) 
Article 265 (offenses involving firearms and other dangerous weapons);
(6) 
Sections 120.06 or 120.07 (gang assault in the first or second degree);
(7) 
Sections 120.20 or 120.25 (reckless endangerment in the first or second degree);
(8) 
Sections 140.10, 140.14 or 140.17 (criminal trespass in the first, second or third degree);
(9) 
Sections 165.45, 165.50, 165.52 or 165.54 (criminal possession of stolen property in the first, second, third or fourth degree);
(10) 
Sections 165.09, 165.10, 170.65 or 170. 1 (auto stripping in the first or second degree, forgery of or illegal possession of a vehicle identification number);
(11) 
Section 240.45 or 240.46 (criminal nuisance in the first or second degree);
(12) 
Section 260.20 (unlawfully dealing with a child in the first degree); or
(13) 
Article 263 (offenses involving sexual performance by a child);
(B) 
Any conduct or occurrence that is in violation of Sections 65, 82, or 100 of the New York State Alcoholic Beverage Control Law;
(C) 
Any conduct, occurrence or operation of a business that is in violation of a federal, state, county or town licensing or permitting requirement,
(D) 
Any conduct or occurrence that is in violation of any of the following provisions of this Code:
(1) 
Chapter 87, Article IV (certificates of occupancy and of permitted use);
(2) 
Chapter 104 (electrical standards and regulations);
(3) 
Chapter 109 (firearms);
(4) 
Chapter 117 (solid waste management);
(5) 
Chapter 124 (housing standards and property maintenance);
(6) 
Chapter 156 (construction hazards and other nuisances including the maintenance of a blighted property designated pursuant to section 156-61);
(7) 
Section 188-2 (entering private premises without authority) of Chapter 188 (trespass);
(8) 
Chapter 191 (unsafe and damaged buildings and structures); or
(9) 
Section 198-10 (use governed by zoning district designation), Section 198-41 (alteration of a landmark or historic building), Section 198-111 (variance and special permit conditions), Section 198-120 (certificate of occupancy required), Section 198-122 (prohibited acts) or Article XX (accessory dwelling unit requirements) of Chapter 198 (zoning); or
(E) 
Any other conduct which creates or results in the maintenance of a condition which endangers the public health, safety or welfare or that creates or results in the maintenance of any premises or place where persons gather for the purpose of engaging in unlawful conduct.
PUBLIC NUISANCE
The use of any building, structure, place or lot, developed or undeveloped, for the furtherance of prohibited conduct. It shall be a rebuttable presumption that a public nuisance exists at any location where
(A) 
there have been one or more arrests for the prohibited conduct on two or more occasions within the past three years; or
(B) 
an owner or occupant has been found liable by the Town of Huntington Bureau of Administrative Adjudication or found guilty by the Suffolk County District Court as a result of engaging in prohibited conduct on two or more occasions within the past three years: or
(C) 
notice has been given by regular and certified mail to the owner at the last address shown on the most current assessment roll of the Town Assessor, that prohibited conduct has occurred at the location and, within three years of the date of such notice, there is an additional occurrence of prohibited conduct at the location.
It is a violation of this chapter for the owner or their agent, the lessor, occupant or person in charge of any building, structure, place or lot, developed or undeveloped, to conduct, maintain, or permit a public nuisance to exist at that location.
Any person or entity that violates § 50-3 by conducting, maintaining or permitting a public nuisance to exist shall be guilty of an offense and upon conviction thereof shall be subject to a fine of not less than one thousand ($1,000) dollars and not more than two thousand five hundred ($2,500) dollars and/or up to fifteen (15) days imprisonment for a first offense, and a fine of not less than two thousand five hundred ($2,500) dollars and not more than five thousand ($5,000) dollars, and/or up to fifteen (15) days imprisonment for each additional offense committed within five (5) years of the first offense. Any person or entity found by the Bureau of Administrative Adjudication to have violated § 50-3 shall likewise be subject to a monetary penalty in an amount within the range of fines authorized for a first offense and subsequent offenses respectively.
(A) 
The Town Attorney is authorized to bring and maintain a civil action in the name of the Town of Huntington in a court of competent jurisdiction to permanently enjoin a public nuisance within the scope of this chapter and to permanently enjoin the person or persons conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the public nuisance.
(B) 
The owner, their agent, and any lessor or occupant of a building, structure, place or lot where the public nuisance is being conducted, maintained or permitted shall be made defendants in the action and shall be served with a summons in accordance with Article 3 of the New York Civil Practice Law and Rules ("CPLR").
(C) 
For purposes of any such action, the person or entity listed as the owner on the most current assessment roll of the Town Assessor shall be presumed to be the owner of any building, structure, place or lot where a public nuisance is being conducted.
(D) 
For purposes of any such action, whenever there is evidence that a person was the manager, operator, supervisor, or in any other way in charge of a building, structure, place or lot where a public nuisance is being conducted, it shall be presumed that he or she was an agent or employee of the owner of such property.
(E) 
In any such action, the Town Attorney may file a notice of pendency pursuant to the provisions of Article 65 of the CPLR.
(F) 
In any such action, the Town Attorney may apply for the appointment of a receiver as provided in Article 64 of the CPLR. Solely for purposes of this chapter, the Town of Huntington shall be deemed to have an interest in the subject premises as that term is used in § 6401 of the CPLR. Any actions taken hereunder shall not be construed as nor constitute an act of possession, ownership or control of the subject premises by the Town of Huntington.
(A) 
During the pendency of any nuisance abatement action authorized by this article, and pursuant to the procedures set forth in Article 63 of the CPLR, the Town Attorney may make a motion for, and the court may grant, a preliminary injunction enjoining the public nuisance and any person or persons from further conducting, maintaining or permitting the public nuisance, and authorizing the closing of the subject premises where necessary to abate the nuisance.
(B) 
Pending a hearing on a motion for preliminary injunction, a temporary closing order and/or a temporary restraining order may be granted without notice to the defendants where it appears by clear and convincing evidence that a public nuisance exists and that the public health, safety or welfare immediately requires the grant of such temporary relief.
(C) 
Any preliminary or temporary closing order granted shall authorize representatives of the Town of Huntington 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.
(D) 
Any preliminary or temporary closing order shall be vacated, upon motion with notice to the Town of Huntington, if the defendant shows by clear and convincing evidence that the public nuisance has been abated. An order vacating a preliminary or temporary closing order shall authorize representatives of the Town of Huntington to enter upon the premises and inspect the premises without notice.
(E) 
Any person or entity that disobeys an inspection provision in an order vacating a preliminary or temporary closing order shall be guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred ($2,500) dollars nor more than five thousand ($5,000) dollars, or by imprisonment not exceeding six months, or by both. Any person or entity found by the Bureau of Administrative Adjudication to have disobeyed such an inspection provision shall likewise be subject to a monetary penalty within the range of fines authorized herein.
(A) 
A final judgment awarding a permanent injunction to enjoin a public nuisance may direct the closing of the building, structure or place where a public nuisance is being conducted to the extent necessary to abate the nuisance, and shall authorize representatives of the Town of Huntington to enter upon the premises to effectuate such relief. The closing directed by the judgment shall be for such period as the court may direct but in no event shall the closing be for a period of more than one year from the date of the final judgment.
(B) 
If, after trial or upon motion for summary judgment, a finding is made that a defendant has intentionally conducted, maintained or permitted a public nuisance, the final judgment may include civil penalties in an amount not to exceed one thousand dollars ($1,000) for each day that the defendant intentionally conducted, maintained or permitted the public nuisance.
(C) 
A final judgment awarding a permanent injunction and/or civil penalties shall provide, in addition to the costs and disbursements allowed by the CPLR, upon satisfactory proof by affidavit or such other evidence as may be submitted, the actual costs, expenses and disbursements of the Town of Huntington in investigating, bringing and maintain the action and in securing the premises, including but not limited to reasonable attorney's fees.
(D) 
A final judgment awarding a permanent injunction and/or civil penalties shall become a lien upon the building, structure, place or lot named in the complaint, such lien to date from the time of filing a notice of pendency 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.