A.
Generally. Upon the direction of the City Manager or at the request of the head of a department of the City or at the request of the District Attorney with respect to the nuisances stated in § 257-15 and defined in § 257-4 of this chapter or upon his or her own initiative, the Corporation Counsel may bring and maintain a civil proceeding in the name of the City in the Supreme Court of the County of Westchester to recover a civil penalty against any person conducting, maintaining or permitting a nuisance within the scope of this article. The amount of any civil penalty awarded in a judgment entered pursuant to this article shall be in an amount of $1,000 for each day the nuisance has been conducted, maintained or permitted. Upon recovery, such penalty shall be paid into the general fund of the City. The venue of such action shall be Westchester County.
B.
Summons and service; naming of parties as defendants.
The Corporation Counsel shall name as defendants all persons conducting,
maintaining or permitting a nuisance within the scope of this article.
Other persons may be named as defendants pursuant to the rules governing
joinder of parties set forth in the Civil Practice Law and Rules.
The summons shall be served in the manner provided by the Civil Practice
Law and Rules.
C.
Scienter. A temporary restraining order shall not
be granted nor shall a judgment be entered against a defendant unless
the court is satisfied that the defendant had knowledge of the nuisance
which the defendant conducted, maintained or permitted. The presumption
of knowledge provided by Subdivision 1 of § 235.10 of the
Penal Law shall be applicable to this article.
A.
Generally. Pending an action pursuant to § 257-17 of this article, the court may grant a preliminary injunction enjoining a defendant from making a bulk transfer, as defined in Subsection B of this section. An order granting a preliminary injunction shall direct a trial of the issues within three business days after joinder of issue or, if issue has already been joined, within three business days after entry of the order. Where a preliminary injunction has been granted, the court shall render a decision with respect to the final determination of the action within three business days after the conclusion of the trial. 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 article is being conducted, maintained or permitted. The existence of an adequate remedy at law shall not prevent the granting of a temporary injunction or a temporary restraining order pursuant to this article.
B.
Bulk transfer defined. A bulk transfer is any transfer
of a major part of the materials, supplies, merchandise or other inventory
or equipment of the transferor in the building, structure or place
where the nuisance is being conducted, maintained or permitted that
is not in the ordinary course of the transferor's business.
The Corporation Counsel shall show, by affidavit
and such other evidence as may be submitted, that there is a cause
of action for a civil penalty within the scope of this article.
A.
Generally. If, on a motion for a preliminary injunction pursuant to § 257-18 of this article, the Corporation Counsel shall show by clear and convincing evidence that a nuisance within the scope of this article is being conducted, maintained or permitted, a temporary restraining order may be granted without notice restraining the defendants and all persons from making or permitting a bulk transfer as defined in Subsection B of § 257-18 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 a preliminary injunction at the earliest possible time but in no event later than three business days from the granting of such order. A decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.
B.
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 a preliminary
injunction shall be personally served in the same manner as a summons
as provided in the Civil Practice Law and Rules.
D.
Inventory upon service of temporary restraining order.
The officers or inspectors 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 nuisance
within the scope of this article and shall enter upon the building,
structure or place for such purpose.
When the defendant gives an undertaking in the
amount of the civil penalty demanded in the complaint, together with
costs, disbursements and the projected actual costs of the prosecution
of the action to be determined by the court, upon a motion on notice
to the Corporation Counsel, 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 article.
A.
Seizure and destruction of obscene material. A judgment awarding a civil penalty pursuant to this article shall direct the Sheriff to seize and remove from the building, structure or place and to forthwith destroy all material found by the court or jury to be obscene, as defined in § 257-3.
B.
Enforcement of the judgment for a civil penalty. A
judgment awarding a civil penalty shall be enforced by the Sheriff
pursuant to the provisions of the Civil Practice Law and Rules.
This chapter shall not be construed to exclude
any other remedy provided by law for the protection of the public
health, safety and welfare of the people of the City of New Rochelle.
