§ 623-5. Permanent injunctions.

A. 

The summons or notice. The Department shall name as defendants or respondents the building, residence, premises or place wherein a public nuisance exists because prohibited conduct is being conducted, maintained or permitted, by describing it by block, lot number, street address and at least one of the owners of some part of or interest in the property.

B. 

In rem jurisdiction. In rem jurisdiction shall be complete over the building, residence, premises or place wherein a public nuisance exists because prohibited conduct is being conducted, maintained or permitted by affixing the summons or notice to the door of the building, residence, premises or place and by mailing the summons or notice by certified or registered mail, return receipt requested, to one of the owners of some part of or interest in the property. Proof of service shall be filed within two days thereafter with the clerk of the court designated in the summons or notice. Service shall be complete upon such filing.

C. 

Service of summons or notice on other defendants or respondents. Defendants or respondents, other than the building, residence, premises or place wherein a public nuisance exists because prohibited conduct is being conducted, maintained or permitted, shall be served with the summons or notice as provided in the New York Civil Practice Law and Rules.

D. 

Notice of pendency. With respect to any action or proceeding commenced or to be commenced pursuant to this section, the Department may file a notice of pendency pursuant to the provisions of Article 65 of the New York Civil Practice Law and Rules.

E. 

Presumption of ownership. The person, entity or entities in whose name the real estate affected by the action or special proceeding is recorded in the office of the County Clerk shall be presumed to be the owner thereof.

F. 

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 exists because prohibited conduct is 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, residence, premises or place.

G. 

Penalty. If, upon order or judgment in an action or special proceeding under this chapter, a finding is made that the defendant(s) has intentionally conducted, maintained or permitted a public nuisance defined in this chapter, a civil penalty, to be included in the judgment, may be awarded in an amount not to exceed $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.

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