News & Announcements

TOWN OF NEWBURGH

NOTICE OF ADOPTION

 

PLEASE TAKE NOTICE that on the 14th day of July, 2025, the Town Board of the Town of Newburgh in the County of Orange, State of New York, adopted Local Law No. 5 of 2025 entitled “A Local Law Adding a New Chapter 140 entitled ‘Public Nuisance Abatement’ to the Code of the Town of Newburgh.”  The purpose and effect of the Local Law are to add a new Chapter to the  Code of the Town of Newburgh to address public nuisances which sometimes exist in the Town in the operation of establishments across a wide range of businesses and private residences and the use of property in violation of the penal laws relating to controlled substances, dangerous drugs, prostitution, stolen property, gambling, illegal use or possession of weapons, the defacement of private property, and other disturbances, as well as other provisions of state and local law intended to protect the public health, safety and welfare.  The local law creates a point system to deter public nuisances by providing for sanctions and penalties that may be imposed by a Hearing Officer if violations of provisions of law have occurred on or at a premises or been caused by incidents on or at the premises which equal or exceed specified numbers of points within 6 or 12 months.  The local law assigns point values to violations of certain provisions of the Penal Law, the Alcoholic Beverage Control Law, the General Business Law, the Vehicle and Traffic Law, the Tax Law, the Social Services Law, the Education Law, the Agriculture and Markets Law, the State Uniform Fire Prevention and Building Code and other provisions of the Town Code pertaining to property maintenance and State Multiple Residence Law, as well as lesser points for felonies, misdemeanors and violations of State law and Town Code.  Violations against domiciled owners or occupants of dwellings or involving emergency medical or mental health responses for owners or occupants are assigned 0 points.  The Town will need to prove by a preponderance of the evidence that the violations have occurred.  The Hearing Officer is required to give notice specifying the conduct, activity or activities creating the public nuisance, a time to eliminate the public nuisance, and an opportunity for a hearing to the owner, any mortgagee, agent or occupant and any other person directly or indirectly in control of the premises.  Thereafter, upon finding a public nuisance exists, the Hearing Officer will be authorized to order the discontinuance of the activity giving rise to the public nuisance at the premises and/or to order the closing of the premises to the extent necessary to abate the public nuisance.  Town of Newburgh Police Department officers are authorized to act upon and enforce such order at the direction of the Chief.  The Town may maintain a special proceeding for a civil penalty and collect any costs and expenses incurred by the Town in commencing the proceeding, closing the premises and relocating any occupants on the Premises and to file a notice of pendency of the proceedings.  The Town Board may additionally authorize a civil proceeding to permanently enjoin the nuisance.  The Local law provides that it shall be an offense for any person to use or occupy, or to permit any other person to use or occupy, a premises, or any portion thereof, ordered closed by the Hearing Officer and further provides that mutilation or removal of a posted Hearing Officer order will be punishable by a fine of not more than $500, or by imprisonment not exceeding fifteen days, or both, and that intentional disobedience of or resistance to any provision of the Hearing Officer’s order shall be punishable by a fine of not more than $1,000, or imprisonment not exceeding fifteen days, or both.

 

The adoption of the Local Law was determined by the Town Board to be an Unlisted Action under the State Environmental Quality Review Act regulations, the approval of which would not have a significant adverse effect on the environment.  A Negative Declaration has accordingly been issued.  

A public hearing on the adoption of this Local Law was held on the 14th day of July, 2025, during which the public had the opportunity to provide comments on behalf or in opposition of the proposed Local Law and any part thereof.  The Town Board has determined it is in the best interest of the Town to adopt this Local Law.

 

Dated:        July 16, 2025  

 

                                                                        Lisa M. Vance Ayers

                                                                        Town Clerk, Town of Newburgh