US Laws, Codes, Statutes & Cases

 
    §  7-703  Public  nuisance  defined.  The following are declared to be
  public nuisances:
    (a) Any building, erection or  place,  including  one-  or  two-family
  dwellings,  used  for  the purpose of prostitution as defined in section
  230.00 of the penal law. Two or more criminal convictions of persons for
  acts of prostitution in the building, erection or place, including  one-
  or  two-family  dwellings,  within  the  one-year  period  preceding the
  commencement of an action  under  this  chapter,  shall  be  presumptive
  evidence  that  the  building,  erection  or  place,  including  one- or
  two-family dwellings, is a public nuisance. In  any  action  under  this
  subdivision,  evidence  of the common fame and general reputation of the
  building, erection or place, including one- or two-family dwellings,  of
  the  inmates  or occupants thereof, or of those resorting thereto, shall
  be competent evidence to prove the existence of the public nuisance.  If
  evidence  of  the general reputation of the building, erection or place,
  including one- or two-family dwellings, or of the inmates  or  occupants
  thereof,  is  sufficient  to  establish  the  existence  of  the  public
  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 public nuisance;
    (b)  Any  building,  erection  or  place, including one- or two-family
  dwellings, used for  the  purpose  of  obscene  performances.  The  term
  "obscene"  shall  have  the  same  meaning  as  that  term is defined in
  subdivision  one  of  section  235.00  of  the  penal  law.   The   term
  "performance"  shall  have  the  same meaning as that term is defined in
  subdivision three of section 235.00  of  the  penal  law.  Two  or  more
  convictions,  as  defined in subdivision thirteen of section 1.20 of the
  criminal procedure law,  of  persons  for  production,  presentation  or
  direction  of  an  obscene  performance  or  for  participation  in such
  performance, in the building,  erection  or  place,  including  one-  or
  two-family   dwellings,   within   the  one-year  period  preceding  the
  commencement of an action  under  this  chapter,  shall  be  presumptive
  evidence  that  the  building,  erection  or  place,  including  one- or
  two-family dwellings, is a public nuisance;
    (c) Any building, erection or  place,  including  one-  or  two-family
  dwellings,  used  for  the purpose of promotion of obscene material. The
  term "obscene" shall have the same meaning as that term  is  defined  in
  subdivision  one of section 235.00 of the penal law. The term "material"
  shall have the same meaning as that term is defined in  subdivision  two
  of  section 235.00 of the penal law. Two or more convictions, as defined
  in subdivision thirteen of section 1.20 of the criminal  procedure  law,
  of persons for promotion of or possession with intent to promote obscene
  material   in  the  building,  erection  or  place,  including  one-  or
  two-family  dwellings,  within  the  one-year   period   preceding   the
  commencement  of  an  action  under  this  chapter, shall be presumptive
  evidence that  the  building,  erection  or  place,  including  one-  or
  two-family dwellings, is a public nuisance;
    (d)  Any  building,  erection or place, other than a one-or two-family
  dwelling classified in occupancy group J-3 pursuant to section 27-237 of
  this code, which is in violation of article five of  subchapter  two  of
  chapter  one  of  title  twenty-six or of article three, four, six, ten,
  twenty-two or twenty-four of subchapter one  of  chapter  one  of  title
  twenty-seven  of  this  code.  A  conviction,  as defined in subdivision
  thirteen of section 1.20 of the criminal procedure law, of  persons  for
  offenses,  as  defined  in subdivision one of section 10.00 of the penal

  law, in violation of the  aforesaid  provisions  of  this  code  in  the
  building,  erection  or  place,  including one- or two-family dwellings,
  within the period of one-year preceding the commencement  of  an  action
  under  this  chapter,  shall  be presumptive evidence that the building,
  erection or place, including one- or two-family dwellings, is  a  public
  nuisance;
    (e)  Any  building,  erection or place, other than a one-or two-family
  dwelling classified in occupancy group J-3 pursuant to section 27-237 of
  this code, which is a nuisance as defined in section 17-142 of this code
  or which is an infected and uninhabitable house as  defined  in  section
  17-159  of  this  code  or  which  is in violation of subdivision two of
  section 16-118 of this code;
    (f) Any building, erection or  place,  including  one-  or  two-family
  dwellings,  used  for  the purpose of a business, activity or enterprise
  which is not licensed as required by law;
    (g) Any building, erection or  place,  including  one-  or  two-family
  dwellings,  wherein,  within  the  period  of  one  year  prior  to  the
  commencement of an action under this chapter, there have occurred  three
  or  more  violations  of  any  of  the provisions of article two hundred
  twenty, two hundred twenty-one or two hundred twenty-five of  the  penal
  law;
    (h)  Any  building,  erection  or  place, including one- or two-family
  dwellings, used for any of the unlawful activities described in  section
  one hundred twenty-three of the alcoholic beverage control law;
    (i)  Any  building,  erection  or  place, including one- or two-family
  dwellings, wherein there is occurring a  violation  of  subchapter  six,
  eight or ten of chapter one of title twenty-four of this code;
    (j)  Any  building,  erection  or  place, including one- or two-family
  dwellings, wherein there is occurring a violation of subchapter three or
  four of chapter two of title twenty-four of this code;
    (k) Any building, erection or  place,  including  one-  or  two-family
  dwellings,  wherein  there  exists  or  is  occurring a violation of the
  zoning resolution;
    (l) Any building, erection or  place,  including  one-  or  two-family
  dwellings,  wherein there is occurring a criminal nuisance as defined in
  section 240.45 of the penal law; and
    (m) Any building, erection or  place,  including  one-  or  two-family
  dwellings,  wherein,  within  the  period  of  one  year  prior  to  the
  commencement of an action under this chapter, there have occurred two or
  more violations on the  part  of  the  lessees,  owners,  operators,  or
  occupants, of the provisions of sections 165.40, 165.45, 165.50, 170.65,
  170.70,  and 175.10 of the penal law or section 415-a of the vehicle and
  traffic law.