§ 280-2. Definitions.  


Latest version.
  • As used in this chapter, the following terms shall have the meanings indicated:
    NOTICE
    A. 
    First notice that prohibited conduct has occurred shall be given to an owner of the affected real estate by means of certified or registered mail, return receipt requested. Where there are multiple owners, said notice shall be sent to at least one of the owner's addresses as recorded with the Westchester County Clerk. If for any reason the return receipt is not received by the Village of Sleepy Hollow, then the notice requirement shall be fulfilled by affixing the notice to the door of at least one of the owner's of the premises addresses as recorded with the Westchester County Clerk. The notice must contain a statement of the date or dates upon which prohibited conduct took place on the property, the nature of the prohibited conduct and a listing of all conduct or occurrences that are considered prohibited conduct under this chapter. It must inform the owner of his or her obligation to cause the prohibited conduct to cease and advise the owner that upon the further occurrence of any prohibited conduct, action pursuant to this Nuisance Abatement Law will be commenced by the Village of Sleepy Hollow.
    B. 
    Final notice shall be sent to an owner when there is a further occurrence of prohibited conduct within one year of the first notice being given to an owner. The final notice must be sent by the authorized methods for a first notice and must contain the same information as contained in the first notice. It must further inform an owner of the further occurrence of prohibited conduct and inform an owner that he or she is required within five days to cause the prohibited conduct to cease and, if necessary, to make an application to a court of appropriate jurisdiction to accomplish the abatement of the prohibited conduct by any and all nonowner occupants. The notice must further state that if an owner does not take such action within five days of notice, the Village of Sleepy Hollow, pursuant to the provisions of this chapter, will bring necessary procedures for any remedies set forth in this chapter as though the Village were the owner of the premises.
    OWNER
    Any person, individual, association, entity or corporation in whose name the affected real estate is recorded with the Westchester County Clerk, Division of Land Records.
    PROHIBITED CONDUCT
    A. 
    Any conduct or occurrence that is in violation of the following articles or sections of the New York State Penal Law:
    (1) 
    Article 220 (controlled substances).
    (2) 
    Article 230 (prostitution).
    (3) 
    Article 225 (gambling).
    (4) 
    Sections 221.40, 221.45, 221.50 and 221.55 (criminal sale of marijuana in the fourth degree through first degree).
    (5) 
    Sections 165.45, 165.50, 165.52 and 165.54 (criminal possession of stolen property in the fourth degree through first degree).
    (6) 
    Sections 165.10 and 165.11 (auto stripping in the second and first degrees).
    (7) 
    Section 170.65 (forgery of a vehicle identification number).
    (8) 
    Section 170.70 (illegal possession of a vehicle identification number or plate).
    B. 
    Any conduct either unlawful in itself or unreasonable under all the circumstances that creates or results in the maintaining of a condition which endangers the safety or health of a considerable number of persons or creates or results in the maintenance of any premises or place where persons gather for the purpose of engaging in unlawful conduct.
    C. 
    Any building, structure or place, used for the purposes of business activity or enterprise, which is not licensed as required by law.
    PUBLIC NUISANCE
    Any building, structure or place where an owner thereof has been given first notice that prohibited conduct has occurred therein or thereon and within a period of one year after said first notice has been given there is an additional occurrence of any prohibited conduct therein or thereon.