§ 623-4. Remedies and enforcement.
Latest version.
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A.Subject to the limitation period set forth in Subsection B of this § 623-4, the Department is authorized to bring and maintain a civil action or special proceeding in the name of the County in a court of competent jurisdiction for necessary relief, including but not limited to temporary, preliminary and/or permanent equitable remedies, which may include orders to make improvements and/or alterations to a premises; eviction of tenants; ejection of occupants; imposition of civil penalties; and the recovery of the costs of the action, including but not limited to investigative costs, litigation expenses and reasonable attorney's fees, or for such other remedies as may be necessary to prevent or enjoin any public nuisance from existing at any building, residence, premises or place within the County of Suffolk. These remedies may be sought singly or in combination with each other in a court of competent jurisdiction. The owner, lessor, lessee of a building, residence, premises or place where a public nuisance is being conducted, maintained or permitted shall be named as defendants or respondents in the action or special proceeding. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this chapter. The enforcement of all remedies obtained pursuant to this chapter shall be carried out by the Department, the Suffolk County Police Department and/or the Suffolk County Sheriff and/or any town or village Police Department in the County of Suffolk. Any town or village government which formally enacts a resolution of authorization may assign personnel, manpower or other town or village resources to the County of Suffolk on a voluntary basis without compensation for joint action with the County of Suffolk in carrying out and enforcing the provisions of this chapter. Any such joint action shall be coordinated, supervised and controlled by the County of Suffolk.B.Any civil action or proceeding referred to in Subsection A of this section may be brought by the Department within three years of the date of a conviction of any prohibited conduct in the building, residence, premises or place where a public nuisance is being conducted, maintained or permitted. Nothing in this Subsection B shall be construed as a prohibition on the Department from bringing any civil action or special proceeding authorized by Subsection A of this section prior to the conviction of a person accused of such prohibited conduct.
Amended 12-1-1992 by L.L. No. 18-1992; 4-26-2011 by L.L. No.
24-2011