This article shall be applicable to the public nuisances defined in Article I of this chapter.
A.
The Board of Trustees may authorize, and the Attorney for the Village
may bring and maintain a civil proceeding in the name of the Village
for the following types of relief:
B.
The summons. The summons shall name as defendants the building, structure
or place wherein the public nuisance is being conducted, maintained
or permitted, by describing it by Tax Map number and/or street address,
and at least one of the owners of some part of or interest in the
property.
C.
The complaint.
(1)
Upon authorization of the Board of Trustees, the Attorney for the Village shall bring and maintain a civil proceeding in the name of the Village of Groton in the Supreme Court of Tompkins County, or any other court of competent jurisdiction, to permanently enjoin the public nuisance and the persons conducting, maintaining or permitting the public nuisance, as defined in Article I, § 152-3 of this chapter, from further conducting, maintaining, or permitting the public nuisance in the manner provided in Article II of this chapter. The owner, operator, and/or lessee of a building, structure or place wherein the public nuisance is being conducted, maintained or permitted may be made defendants in the action.
(2)
The venue of such action shall be in the county where the public
nuisance is being conducted, maintained or permitted.
(3)
The existence of an adequate remedy at law shall not prevent the
granting of temporary or permanent relief pursuant to this chapter.
(4)
The civil action shall be commenced by the filing of a summons and
complaint alleging the facts constituting the nuisance.
(5)
The complaint shall name as defendants the building, structure or
place wherein the nuisance is being conducted, maintained or permitted,
by describing it by Tax Map number and/or street address, and at least
one of the owners who possesses some part of or an interest in the
property.
(6)
Any complaint filed under this chapter shall be verified or accompanied
by an affidavit(s) for purposes of showing that the owner or his or
her agent has notice of the nuisance and has had an opportunity to
abate the nuisance. The Attorney for the Village will give the owner,
and any designated property manager, written notice of the nuisance
and 10 business days to personally meet with and provide to the Attorney
for the Village a written plan to abate the nuisance within 30 days.
If part of the plan to abate the nuisance is to evict a tenant, then
the owner will commence the eviction proceeding within 10 business
days from the meeting with the Attorney for the Village.
(7)
The complaint or affidavit shall contain a description of the attempts
by the applicant to notify and locate the owner of the property and/or
the owner's agent.
(8)
The complaint or affidavit shall describe the adverse impact associated
with the property on the surrounding neighborhood.
D.
In rem jurisdiction over building, structure, or place. In rem jurisdiction
shall be complete over the building, structure or place wherein the
public nuisance is being conducted, maintained or permitted by affixing
the summons to the door of the building, structure or place and by
mailing the summons by certified or registered mail, return receipt
requested, to one of the owners who possesses some part of or an interest
in the property. Proof of service shall be filed within two days thereafter
with the Clerk of the court designated in the summons. Service shall
be complete upon such filing.
E.
Service of summons on other defendants. Defendant(s), other than
the building, structure or place wherein the public nuisance is being
conducted, maintained or permitted, shall be served with the summons
as provided in the Civil Practice Law and Rules.
F.
Notice of pendency. With respect to any action commenced or to be
commenced pursuant to this chapter, the Attorney for the Village may
file a notice of pendency pursuant to the provisions of Article 65
of the Civil Practice Law and Rules.
G.
Presumption of ownership. The owner of the real estate affected by
the action shall be presumed to be the person in whose name the real
estate is recorded in the office of the County Assessor and/or the
office of the Clerk of the County of Tompkins.
H.
Presumption of employment or agency. Whenever there is testimony
that a person was the manager, operator, supervisor, or in any other
way in charge of the premises at the time a public nuisance was being
conducted, maintained or permitted, such evidence shall be presumptive
that he or she was an agent or employee of the owner or lessee of
the building, structure or place considered to be a nuisance.
I.
Penalty. If, upon the trial of an action under this chapter, or upon
a motion for summary judgment in an action under this chapter, a finding
is made that the defendant has conducted, maintained or permitted
a public nuisance defined in this chapter, a penalty may be awarded
in an amount not to exceed $1,000 for each day it is found that the
defendant conducted, maintained or permitted the public nuisance after
notice to abate has been given by the Village. Upon recovery, such
penalty shall be paid into the general fund of the Village.
J.
Enforcement. A judgment pursuant to this chapter shall be enforced
by the Village of Groton Police Department and the office of Attorney
for the Village.
A.
A judgment awarding a permanent injunction, pursuant to this chapter,
may direct the Groton Police Department to seize and remove from the
building, structure or place all material, equipment and instrumentalities
used in the creation and maintenance of the public nuisance and shall
direct the sale by the Groton Police Department of such property in
the manner provided for the sale of personal property under execution
pursuant to the provisions of the Civil Practice Law and Rules. The
net proceeds of any such sale, after deduction of the lawful expenses
involved, shall be paid into the general fund of the Village.
B.
A judgment awarding a permanent injunction pursuant to this chapter
may authorize agents of the Village to forthwith remove and correct
construction and structural alterations in violation of the Village
Housing Code. Any and all costs associated with these repairs or alterations
shall become a lien against said property and shall have priority
before any mortgage or other lien that exists prior to such filing
except tax and assessment liens and any nuisance abatement lien.
C.
A judgment awarding a permanent injunction, pursuant to this chapter, may direct the closing of the building, structure or place by the Groton Police Department, to the extent necessary to abate the nuisance, and shall direct the Groton Police Department to post a copy of the judgment and a printed notice of such closing conforming to the requirements of § 152-8H of this chapter. Mutilation or removal of such a posted judgment or notice while it remains in force, in addition to any other punishment prescribed by law, shall be punishable on conviction by a fine of not more than $500 or by imprisonment not exceeding 15 days, or by both, provided such judgment contains therein a notice of such penalty.
D.
The closing directed by the judgment shall be for such period as
the court may direct, but in no event shall the closing be for a period
of more than one year from the posting of the judgment provided for
in this section.
E.
If the owner shall file a bond in the value of the property ordered
to be closed and submits proof to the court that the nuisance has
been abated and will not be created, maintained or permitted for such
period of time as the building, structure or place has been directed
to be closed in the judgment, the court may vacate the provisions
of the judgment that direct the closing of the building, structure
or place.
F.
A closing by the Groton Police Department pursuant to this section
shall not constitute an act of possession, ownership or control by
the Groton Police Department of the closed premises.
G.
Intentional disobedience or resistance to any provision of a judgment
awarding a permanent injunction pursuant to this chapter, in addition
to any other punishment prescribed by law, shall be punishable by
a fine of not more than $5,000, or by imprisonment not exceeding six
months, or by both.
H.
Upon the request of the Mayor, the Attorney for the Village and/or
Village of Groton Police Department shall assist in the enforcement
of a judgment awarding a permanent injunction entered in an action
brought pursuant to this chapter.
I.
A judgment rendered awarding a permanent injunction pursuant to this
chapter shall be and become a lien upon the building, structure or
place named in the complaint in such action, such lien to date from
the time of filing a notice of liens pending in the office of the
Clerk of the county wherein the building, structure or place is located.
Every such nuisance abatement lien shall have priority before any
mortgage or other lien that exists prior to such filing except tax
and assessment liens.
J.
A judgment awarding a permanent injunction pursuant to this chapter
shall provide, in addition to the costs and disbursements allowed
by the Civil Practice Law and Rules, upon satisfactory proof by affidavit
or such other evidence as may be submitted, the actual costs, expenses
and disbursements of the Village in investigating, bringing and maintaining
the action.
A.
Generally.
(1)
Pending an action for a permanent injunction as provided for in this
article, the court may grant a preliminary injunction enjoining a
public nuisance within the scope of this chapter and the person or
persons conducting, maintaining or permitting the public nuisance
from further conducting, maintaining or permitting the public nuisance.
An order granting the preliminary injunction shall direct a trial
of the issues at the earliest possible time. Where preliminary injunction
has been granted, the court shall render a decision with respect to
a permanent injunction at its earliest convenience after the conclusion
of the trial. A temporary closing order may be granted pending a hearing
for a preliminary injunction where it appears by clear and convincing
evidence that a nuisance within the scope of this chapter is being
conducted, maintained or permitted and that the public health, safety
or welfare immediately requires the granting of a temporary closing
order. A temporary restraining order may be granted pending a hearing
for a preliminary injunction where it appears by clear and convincing
evidence that a nuisance within the scope of this chapter is being
conducted, maintained or permitted.
(2)
Enforcement of preliminary injunction. A preliminary injunction shall
be enforced by the Attorney for the Village and the Village of Groton
Police Department.
(3)
Preliminary injunctions, inventory, closing of premises, posting
of order and notices, offenses. If the court grants a preliminary
injunction, the provisions of this article shall be applicable.
B.
Motion papers for preliminary injunction. Upon authorization by the
Board of Trustees, the Attorney for the Village shall show, by affidavit
and such other evidence as may be submitted, that there is a cause
of action for a permanent injunction abating a nuisance within the
scope of this chapter.
C.
Temporary closing order.
(1)
If, on a motion for a preliminary injunction pursuant to this section,
the Attorney for the Village shall show by clear and convincing evidence
that a nuisance within the scope of this chapter is being conducted,
maintained or permitted and that the public health, safety or welfare
immediately requires a temporary closing order, a temporary order
closing such part of the building, structure or place wherein the
nuisance is being conducted, maintained or permitted may be granted
without notice, pending order of the court granting or refusing the
preliminary injunction and until further order of the court. Upon
granting a temporary closing order, the court shall direct the holding
of a hearing for the preliminary injunction at the earliest possible
time; a decision on the motion for a preliminary injunction shall
be rendered by the court at the earliest possible time.
(2)
Service of temporary closing order. Unless the court orders otherwise,
a temporary closing order, together with the papers upon which it
was based and a notice of hearing for the preliminary injunction,
shall be personally served, in the same manner as a summons as provided
in the Civil Practice Law and Rules.
D.
Temporary restraining order.
(1)
A temporary restraining order may be granted pending a hearing for
preliminary injunction where it appears by clear and convincing evidence
that a public nuisance within the scope of this chapter is being conducted,
maintained, or permitted and that the public health, safety, or welfare
immediately requires the granting of a temporary restraining order.
This order shall restrain the defendants and all persons from removing
or transferring off the property or in any manner interfering with
the fixtures and movable property used in conducting, maintaining
or permitting the public nuisance and from further conducting, maintaining
or permitting the public nuisance. A temporary restraining order may
be granted without notice, pending order of the court granting or
refusing the preliminary injunction and until further order of the
court. Upon granting a temporary restraining order, the court shall
direct the holding of a hearing for the preliminary injunction.
(2)
Service of temporary restraining order. Unless the court orders otherwise,
a temporary restraining order and the papers upon which it was based
and a notice of hearing for the preliminary injunction shall be personally
served in the same manner as a summons as provided in the Civil Practice
Law and Rules.
E.
Temporary closing order; temporary restraining order.
(1)
If, on motion for a preliminary injunction, the Attorney for the
Village submits evidence warranting both a temporary closing order
and a temporary restraining order, the court shall grant both orders.
(2)
Enforcement of temporary closing orders and temporary restraining
orders. Temporary closing orders and temporary restraining orders
shall be enforced by the Attorney for the Village and the Village
of Groton Police Department.
F.
Inventory upon service of temporary closing orders and temporary
restraining orders. The officers serving a temporary restraining order
shall forthwith make and return to the court an inventory of personal
property situated in and used in conducting, maintaining or permitting
a public nuisance within the scope of this chapter and shall enter
upon the building, structure or place for such purpose. Such inventory
shall be taken in any manner which is deemed likely to evidence a
true and accurate representation of the personal property subject
to such inventory, including, but not limited to, photographing such
personal property.
G.
Closing of premises pursuant to temporary closing orders and temporary
restraining orders. The officers serving a temporary restraining order
shall, upon service of the order, command all persons present in the
building, structure or place to vacate the premises forthwith. Upon
the building, structure or place being vacated, the premises shall
be securely locked and all keys delivered to the officers serving
the order who thereafter shall deliver the keys to the fee owner,
lessor or lessee of the building, structure or place involved. If
the fee owner, lessor or lessee is not at the building, structure
or place when the order is being executed, the officers shall securely
padlock the premises and retain the keys until the fee owner, lessor
or lessee of the building is ascertained, at which time, the officers
shall deliver the keys to such owner, lessor or lessee, if such individual
resides within Tompkins County.
H.
Posting of temporary closing orders and temporary restraining orders.
Upon service of a temporary restraining order, the officer shall post
a copy thereof in a conspicuous place or upon one or more of the principal
doors at entrances of such premises where the public nuisance is being
conducted, maintained or permitted. In addition, where a temporary
restraining order has been granted, the officers shall affix, in a
conspicuous place or upon one or more of the principal doors at entrances
of such premises, a printed notice that shall state that certain described
activity is prohibited by court order and that removal of property
is prohibited by court order. If the temporary restraining order directs
that the premises are to be closed by court order, the notice shall
contain the legend "Closed by Court Order" in block lettering of sufficient
size to be observed by anyone intending or likely to enter the premises,
the date of the order, the court from which issued and the name of
the office or agency posting the notice. Mutilation or removal of
such a posted order or such a posted notice while it remains in force,
in addition to any other punishment prescribed by law, shall be punishable,
on conviction, by a fine of not more than $1,000 or by imprisonment
not exceeding 90 days, or by both, provided such order or notice contains
therein a notice of such penalty. The Village of Groton Police Department
shall, upon the request of the Attorney for the Village, or upon the
direction of the Mayor, assist in the enforcement of this subsection.
I.
Intentional disobedience of or resistance to temporary restraining
order and permanent injunction. Intentional disobedience of, or resistance
to, a temporary restraining order, in addition to any other punishment
prescribed by law, shall be punishable, on conviction, by a fine of
not more than $5,000, or by imprisonment not exceeding six months,
or by both.
J.
Temporary restraining order or preliminary injunction bond required.
A temporary restraining order or preliminary injunction shall not
issue under this chapter, except upon the giving of a bond or security
by the applicant, in the amount of $1,000, for the payment of such
costs and damages as may be incurred or suffered by any party who
is found to be wrongfully restrained or enjoined. A bond or security
shall not be required of the State of New York, municipal corporations,
or political subdivisions of the State of New York.
A.
Temporary restraining order to be vacated; inspection provision.
(1)
A temporary restraining order may be vacated by the court, upon notice
to the Attorney for the Village, when the defendant gives an undertaking
and the court is satisfied that the public health, safety or welfare
will be protected adequately during the pendency of the action. The
undertaking shall be in an amount equal to the assessed valuation
of the building, structure or place where the public nuisance is being
conducted, maintained or permitted or in such other amount as may
be fixed by the court. The defendant shall pay to the Village, in
the event a judgment of permanent injunction is obtained, its actual
costs, expenses and disbursements in investigating, bringing and maintaining
the action.
(2)
An order vacating a temporary closing order, or a temporary restraining
order, shall include a provision authorizing agencies of the Village
to inspect the building, structure or place, which is the subject
of an action pursuant to this chapter, periodically without notice,
during the pendency of the action, for the purpose of ascertaining
whether or not the public nuisance has been resumed, intentional disobedience
of, or resistance to, an inspection provision of an order vacating
a temporary restraining order, in addition to any other punishment
prescribed by law, shall be punishable, on conviction, by a fine of
not more than $5,000, or by imprisonment not exceeding six months,
or by both. The Police Department shall, upon the request of the office
of Attorney for the Village, or upon the direction of the Mayor, assist
in the enforcement of an inspection provision of an order vacating
a temporary restraining order.
B.
Vacating a temporary injunction or a temporary restraining order.
When the defendant gives an undertaking in the amount of the civil
penalty demanded in the complaint, together with costs, disbursements
and the projected annual costs of the prosecution of the action to
be determined by the court, upon a motion on notice to the Attorney
for the Village, a temporary injunction or a temporary restraining
order shall be vacated by the court. The provisions of the Civil Practice
Law and Rules governing undertakings shall be applicable to this chapter.
A.
Appointment, duration and removal. In any action wherein the complaint
alleges that the nuisance is being conducted or maintained in the
residential portions of any building or structure or portion thereof,
which are occupied in whole, or in part, as the home, residence or
sleeping place of one or more human beings, the court may, upon motion
on notice by the plaintiff, appoint a temporary receiver to manage
and operate the property during the pendency of the action, in lieu
of a temporary closing order. A temporary receivership shall not continue
after final judgment unless otherwise directed by the court. Upon
the motion of any party, including the temporary receiver, or on its
own initiative, the appointing court may remove a temporary receiver
at any time.
B.
Powers and duties. The temporary receiver shall have such powers
and duties as the court shall direct, including, but not limited to,
collecting and holding all rents due from all tenants, leasing or
renting portions of the building or structure, making or authorizing
other persons to make necessary repairs or to maintain the property,
hiring security or other personnel necessary for the safe and proper
operation of a dwelling, prosecuting or defending suits flowing from
his or her management of the property and retaining counsel therefor,
and expending funds from the collected rents in furtherance of the
foregoing powers.
C.
Oath. A temporary receiver, before entering upon his or her duties,
shall be sworn or shall affirm faithfully and fairly to discharge
the trust committed to such receiver. The oath or affirmation may
be waived upon consent of all parties.
D.
Undertaking. A temporary receiver shall give an undertaking in an
amount to be fixed by the court making the appointment that such receiver
will faithfully discharge his or her duties.
E.
Accounts. A temporary receiver shall keep written accounts itemizing
receipts and expenditures, and describing the property and naming
the depository of receivership funds, which shall be open to inspection
by any person having an apparent interest in the property. Upon motion
of the temporary receiver, or of any person having an apparent interest
in the property, the court may require the keeping of particular records,
or direct or limit inspection, or require presentation of a temporary
receiver's accounts. Notice of motion for the presentation of
a temporary receiver's accounts shall be served upon the sureties
on the temporary receiver's undertaking as well as upon each
party.
This chapter shall not be construed to exclude any other remedy
provided by law for the protection of the health, safety and welfare
of the people of the Village of Groton.
