US Laws, Codes, Statutes & Cases

 
    §  7-706  Action  for  permanent  injunction.  (a) Generally. Upon the
  direction of the mayor, or at the request of the head of a department or
  agency of the city, or at the request of  a  district  attorney  of  any
  county  within  the  city,  or  at  the  request of a member of the city
  council with respect to the public  nuisances  defined  in  subdivisions
  (a),  (b),  (c), (g), and (h) and section 7-703 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
  to  permanently  enjoin  a  public  nuisance  within  the  scope of this
  subchapter,  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  as being
  conducted, maintained or permitted  shall  be  made  defendants  in  the
  action. The venue of such action shall be in the county where the public
  nuisance  is  being conducted, maintained or permitted. The existence of
  an adequate remedy at law shall not prevent the granting of temporary or
  permanent relief pursuant to this subchapter.
    (b) The summons; the caption; naming the building, erection  or  place
  as  defendant.  The  corporation  counsel  shall  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. 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.
    (e)  Notice of pendency. With respect to any action commenced or to be
  commenced by him or her pursuant to  this  subchapter,  the  corporation
  counsel  may  file  a  notice  of pendency pursuant to the provisions of
  article sixty-five 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 city register or
  the county clerk, as the case may be, 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) 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 one thousand dollars  for  each  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 city.