Sections 309-4 through 309-12 of this chapter shall be applicable to the public nuisances defined in Subsections A, B, C, D, E, F and G of § 309-2 of this chapter.
A. 
Generally. Upon the direction of the County Executive or of the District Attorney of the County, the County Attorney shall bring and maintain a civil proceeding in the name of the County in the Supreme Court to permanently enjoin 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. The owner, lessor and lessee of a building, erection or place wherein the public nuisance is being conducted, maintained or permitted shall be made defendants in the action. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this chapter.
B. 
The summons; the caption; naming the building, erection or place as defendant. The County Attorney may name as defendants the building, erection or place wherein the public nuisance is being conducted, maintained or permitted, by describing it by block, lot number and street address and at least one of the owners of some part of or interest in the property.
C. 
In rem jurisdiction over building, erection or place. In rem jurisdiction shall be complete over the building, erection or place wherein the public nuisance is being conducted, maintained or permitted by affixing the summons to the door of the building, erection or place and by mailing the summons by certified or registered mail, return receipt requested, to one of the owners of some part of or interest in the property at the last known residence or, if a corporate owner, at the last known place of business. 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.
D. 
Service of summons on other defendants. Defendants, other than the building, erection 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 or as otherwise authorized by law.
E. 
Notice of pendency. With respect to any action commenced or to be commenced by him or her pursuant to this chapter, the County Attorney may file a notice of pendency pursuant to the provisions of Article 65 of the Civil Practice Law and Rules.
F. 
Presumption of ownership. The person in whose name the real estate affected by the action is recorded in the office of the County Clerk shall be presumed to be the owner thereof.
G. 
Presumption of employment or agency. Whenever there is evidence 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, erection or place.
H. 
Civil 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 intentionally conducted, maintained or permitted a public nuisance defined in this chapter, a penalty, to be included in the judgment, may be awarded in an amount not to exceed $1,000 for each and every day it is found that the defendant intentionally conducted, maintained or permitted the public nuisance. Upon recovery, such penalty shall be paid into the general fund of the County.
A. 
Generally. Pending an action for a permanent injunction as provided for in § 309-5 of this chapter, 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. An order granting a preliminary injunction shall direct a trial of the issues without undue delay after joinder of issue. A temporary restraining order may be granted pending a hearing by the court for a preliminary injunction where it appears, upon sufficient proof to satisfy it, that a public nuisance within the scope of this chapter is being conducted, maintained or permitted, which requires immediate abatement.
B. 
Enforcement of preliminary injunction. The Sheriff shall, upon direction of the County Executive, the District Attorney or the County Attorney, assist in the enforcement of the preliminary injunction.
C. 
Preliminary injunctions; inventory; closing of premises; posting of orders and notices; offenses. If the court grants a preliminary injunction, the provisions of § 309-9 of this chapter shall be applicable.
A. 
Generally. If, on a motion for a preliminary injunction pursuant to § 309-6 of this chapter, the County Attorney shall demonstrate 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 a temporary closing order, the court may, upon sufficient proof to satisfy it, issue, without notice, a temporary order closing such part of the building, erection or place wherein the public nuisance is being conducted, maintained or permitted, 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 without undue delay.
B. 
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 or as otherwise authorized by law.
A. 
Generally. If, on a motion for a preliminary injunction pursuant to § 309-6 of this chapter, the County Attorney shall demonstrate 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 a temporary restraining order, such temporary restraining order may be granted by the court, without notice, upon proof sufficient to satisfy it, restraining the defendants and all persons from removing or in any manner interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting the public nuisance and from further conducting, maintaining or permitting the public nuisance, 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 without undue delay.
B. 
Service of a 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 or as otherwise authorized by law.
A. 
Generally. If, on a motion for a preliminary injunction, the County Attorney submits evidence warranting both a temporary closing order and a temporary restraining order, the court shall grant both orders.
B. 
Enforcement of temporary closing orders and temporary restraining orders. The Sheriff shall, upon the direction of the County Executive, the District Attorney or the County Attorney, assist in the enforcement of a temporary closing order or a temporary restraining order.
C. 
Inventory upon service of temporary closing orders and temporary restraining orders. Upon service of any temporary closing order or temporary restraining order, the Sheriff, as provided in Subsection B of this section, 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, erection 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.
D. 
Closing of premises pursuant to temporary closing order. Upon service of a temporary closing order, the Sheriff shall, as provided in Subsection B of this section, command all persons present in the building, erection or place to vacate the premises forthwith. Upon the building, erection or place being vacated, the premises shall be securely locked and all keys delivered to the person serving the order who shall thereafter deliver the keys to the fee owner, lessor or lessee of the building, erection or place involved. If the fee owner, lessor or lessee is not at the building, erection or place when the order is being executed, the Sheriff shall securely padlock the premises and retain the keys until the fee owner, lessor or lessee of the building is ascertained, in which event, the Sheriff shall deliver the keys to such owner, lessor or lessee.
E. 
Posting of temporary closing order and temporary restraining order; posting of notices; offenses. Upon service of a temporary closing order or a temporary restraining order, the Sheriff, as provided in Subsection B of this section, 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 closing order has been granted, the Sheriff shall affix, in a conspicuous place or upon one or more of the principal doors at entrances of such premises, a printed notice that the premises have been closed by court order, which 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 the order was issued and the name and business address of the Sheriff and the County Attorney. In addition, where a temporary restraining order has been granted, the Sheriff shall affix, in the same manner, a notice similar to the notice provided for in relation to a temporary closing order, except that the notice shall state that certain described activity is prohibited by court order and that removal of property is prohibited by court order. Mutilation or removal of such posted order or such posted notice while it remains in force, in addition to any other punishment prescribed by law, shall be a violation, punishable, on conviction, by a fine of not more than $250 or by imprisonment not exceeding 15 days, or by both. The Sheriff shall, upon the direction of the County Executive, the District Attorney or the County Attorney, assist in the enforcement of this subsection.
F. 
Intentional disobedience of or resistance to temporary closing order or temporary restraining order. Intentional disobedience of or resistance to a temporary closing order or a temporary restraining order shall be a misdemeanor and, 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 six months, or by both.
A. 
A temporary closing order or a temporary restraining order may be vacated, upon notice to the County Attorney, if the defendant shows, by such proof as may be submitted, that the public nuisance within the scope of this chapter has been abated. An order vacating a temporary closing order or a temporary restraining order shall include a provision authorizing agencies of the County to inspect the building, erection 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 closing order or a temporary restraining order, in addition to any other punishment prescribed by law, shall be a misdemeanor and shall be punishable, on conviction, by a fine of not more than $1,000 or by imprisonment not exceeding six months, or by both. The Sheriff shall, upon the direction of the County Executive, the District Attorney or the County Attorney, assist in the enforcement of an inspection provision of an order vacating a temporary closing order or temporary restraining order.
B. 
A temporary closing order or a temporary restraining order may be vacated by the court, upon notice to the County Attorney, 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 determined by the court, sufficient to satisfy it, that the public health, safety or welfare will be adequately protected during the pendency of the action.
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 a 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 administered by any person authorized to take acknowledgments of deeds by the Real Property Law. The oath or affirmation may be waived upon consent of all parties.
D. 
Undertaking. A temporary receiver shall given 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.
A. 
A judgment awarding a permanent injunction pursuant to this chapter may direct the Sheriff to seize and remove from the building, erection or place all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance and shall direct the sale by the Sheriff 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 to the general fund of the County.
B. 
A judgment awarding a permanent injunction pursuant to this chapter may direct the closing of the building, erection or place by the Sheriff, to the extent necessary to abate the nuisance, and shall direct the Sheriff to post a copy of the judgment and a printed notice of such closing conforming to the requirements of Subsection E of § 309-9 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 a violation punishable on conviction by a fine of not more than $250 or by imprisonment not exceeding 15 days, or by both. The closing directed by the judgment shall be for such period as the court may direct. If the owner shall file a bond in an amount at least equal to the fair market value of the property at the time of issuance of the judgment 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, erection 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, erection or place. A closing by the Sheriff pursuant to the provisions of this subsection shall not constitute an action of possession, ownership or control by the Sheriff of the closed premises.
C. 
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 a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment not exceeding six months, or by both.
D. 
Upon the request of the County Executive, the District Attorney or the County Attorney, the Sheriff shall assist in the enforcement of a judgment awarding a permanent injunction entered in an action brought pursuant to this chapter.
E. 
A judgment rendered awarding a permanent injunction pursuant to this chapter shall be and become a lien upon the building, erection or place named in the complaint in such action, such lien to date from the time of filing a notice of his pendens in the office of the County Clerk of the County of Rockland. Every such lien shall have priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens.
F. 
A judgment awarding a permanent injunction pursuant to this section of the 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 County in investigating, bringing and maintaining the action.