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Newburgh board adopts 'Public Nuisance Abatement' law after hearing
Summary
After a public hearing, the Town of Newburgh Board adopted Local Law No. 5 of 2025 creating a point system to address recurring public nuisances on properties and authorizing a Hearing Officer to order closures, civil penalties and abatement costs; owners — not tenants — are primarily responsible under the law.
The Town of Newburgh Board unanimously adopted Local Law No. 5 of 2025 on July 14, 2025 after a brief public hearing on a measure the town says will help address recurring public nuisances.
Town Attorney Mark C. Taylor told the board the law adds a new Chapter 140, “Public Nuisance Abatement,” which assigns point values to specified violations of state and local law and to certain business or property conduct. A Hearing Officer would be authorized to give notice, set a time to cure, conduct a hearing and — if a public nuisance is found by a preponderance of the evidence — order discontinuance of the activity and, where necessary, closure of the premises. The law also authorizes civil penalties, recovery of town costs and enforcement by Town of Newburgh police at the Chief’s direction.
The law assigns zero points for violations involving domiciled owners or emergency medical or mental‑health responses, Taylor said, and distinguishes levels of points for felonies, misdemeanors and code violations. He also told residents that, if adopted, the measure would be published in the town code and that penalties are listed in the law itself. “This is listed with the backup for the meeting; if this is passed it will be listed in our town code,” Taylor said.
During public comment residents asked where the law is posted, whether the Hearing Officer had been appointed and who — owner or tenant — would be held responsible. Taylor said he had suggested using an outside Hearing Officer but no appointment has been made, and that owners would generally be held responsible. On what prompted the measure, Supervisor Gilbert Piaquadio said the action grew from repeated police calls to several motels: “The motels have had a lot of calls for police assistance and we need to do something about it. We are not looking to penalize residents.”
The board first approved a negative SEQRA declaration and then voted 4–0 (Councilman Anthony R. LoBiondo absent) to adopt the local law. The hearing had been opened at 7:05 p.m.; adoption votes followed the public comment period.
The law creates administrative procedures for notice and hearing before sanctions are imposed and provides criminal penalties for occupying premises ordered closed. It also allows the town to file civil proceedings to enjoin nuisances and to file a notice of pendency where appropriate.
Next steps: the law will be incorporated into the Town Code and the board must later identify or appoint a Hearing Officer and adopt implementing procedures if it has not already done so.
