§ 257-4. Property and building nuisances defined.  


Latest version.
  • Three or more offenses of any combination of one or more of the following, all within the one-year period preceding the commencement of an action under this chapter, are declared to be a property and building nuisance.
    A. 
    Any building, structure or place used for the purpose of prostitution as defined in § 257-3.
    (1) 
    An offense for acts of prostitution in the building, structure or place shall be presumptive evidence that the building, structure or place is a nuisance.
    (2) 
    In any action under this subsection, evidence of the common fame and general reputation of the building, structure or place of the inhabitants or occupants thereof or of those resorting thereto shall be competent evidence to prove the existence of a property or building nuisance.
    (3) 
    If evidence of the general reputation of the building, structure or place or of the inhabitants or occupants thereof is sufficient to establish the existence of the nuisance, it shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance on the part of the owners, lessors, lessees and all those in possession of or having charge of, as agent or otherwise, or having any interest in any form in the property, real or personal, used in conducting or maintaining the property or building nuisance.
    B. 
    Any building, structure or place used for the purpose of obscene performances. The term "obscene" shall have the same meaning as that term is defined in § 257-3. The term "performance" shall have the same meaning as that term is defined in § 257-3. An offense for acts of production, presentation or direction of an obscene performance or for participation in such performance in the building, structure or place shall be presumptive evidence that the building, structure or place is a nuisance.
    C. 
    Any building, structure or place used for the purpose of promotion of obscene material. The term "obscene" shall have the same meaning as that term is defined in § 257-3. The term "material" shall have the same meaning as that term is defined in § 257-3. An offense for acts of promotion of or possession with intent to promote obscene material in the building, structure or place shall be presumptive evidence that the building, structure or place is a nuisance.
    D. 
    Any building, structure or place which is in violation of § 111-8 (Building permit required), § 111-16 (Certificates of occupancy and compliance) and § 111-41 (Stop-work order) of the Code of the City of New Rochelle. An "offense," as defined in § 257-3, for acts of violating the aforesaid provisions of this Code in the building, structure or place shall be presumptive evidence that the building, structure or place is a nuisance.
    E. 
    Any building, structure or place which is a nuisance, as defined in § 174-12, Abatement of nuisances, of the Code of the City of New Rochelle, or in which there has been an offense for violating §§ 163-1 (Placement of materials on roadway or sidewalk restricted) and 163-3 (Littering on lots) of the Code of the City of New Rochelle.
    F. 
    Any building, structure or place used for the purpose of a business, activity or enterprise which is not licensed as required by law.
    G. 
    Any building, structure or place where there has occurred an offense for violating any of the provisions of Article 220, 221 or 225 of the Penal Law.
    H. 
    Any building, structure or place used for any of the unlawful activities described in § 65 or 123 of the Alcoholic Beverage Control Law. An offense for violating § 65 or 123 of the Alcoholic Beverage Control Law shall be presumptive evidence that the building, structure or place is a nuisance.
    I. 
    Any building, structure or place wherein there has occurred an offense for violating § 111-20 (Unsafe buildings) of the Code of the City of New Rochelle.
    J. 
    Any building, structure or place wherein there has occurred an offense for violating Chapter 213, Article II, Unreasonable Noise, of the Code of the City of New Rochelle.
    K. 
    Any building, structure or place where there has occurred an offense for violating the Zoning Ordinance promulgated in Chapter 331 of the Code of the City of New Rochelle.
    L. 
    Any building, structure or place where there has occurred a criminal nuisance, as defined in § 257-3.
    M. 
    Any building, structure or place wherein there has occurred an offense for violating the provisions of §§ 165.40, 165.45, 165.50, 165.52, 165.54, 170.65, 170.70, 175.05, and 175.10 of the Penal Law or § 415-a of the Vehicle and Traffic Law.
    N. 
    Any building, structure or place wherein there has occurred an offense for violating Chapter 130, Commercial Maintenance, of the Code of the City of New Rochelle.
    O. 
    Any building, structure or place wherein there has occurred an offense for violating Chapter 147, Fire Prevention, of the Code of the City of New Rochelle.
Amended 9-24-2002 by Ord. No. 161-2002