§ 623-14. Action or proceeding for ejectment or eviction.

A. 

Pursuant to the provisions of this chapter, the Department is authorized to send notice and, if necessary, commence and maintain an action or proceeding for the ejection or eviction of the occupant(s) or tenant(s) at any building, residence, premises or place where a public nuisance exists.

B. 

In any action or proceeding for ejection or eviction, brought by the Department pursuant to this section, at least one of the owners, and any person(s) in possession, shall be named and served as defendants or respondents.

C. 

Before the Department may commence an action or proceeding pursuant to this section, the Department shall complete all notice requirements provided for in the definition of "notice" in § 623-2. Upon the failure of the owner or landlord to act pursuant to the requirements set forth in the notice, the Department is authorized to commence an action or proceeding in accordance with this chapter and as set forth in the notice. Such action or proceeding shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by him and not prosecuted diligently and in good faith.

D. 

A court granting an eviction or ejectment pursuant to this section may, in addition to any other order provided by law, make an order imposing and requiring the payment by the defendant or respondent of a civil penalty not exceeding $2,500 for each arrest for prohibited conduct in the building, residence, premises or place where a public nuisance is being conducted, maintained or permitted and may also order the payment of the costs to the County in investigating, bringing and maintaining the action, and the recovery of reasonable attorneys' fees by the County. In any such case, multiple defendants or respondents shall be jointly and severally liable for any payment so ordered and the amounts of such payments shall constitute a lien upon the subject building, residence, premises or place. Any penalties or fees shall be payable to Suffolk County and shall become a part of the general fund of the County.

[Amended 4-26-2011 by L.L. No. 24-2011]

E. 

The commencement of a proceeding under this section 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 Suffolk County.