US Laws, Codes, Statutes & Cases

 
    §  7-714  Permanent  injunction.  (a)  A judgment awarding a permanent
  injunction pursuant to this subchapter 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 into the general fund of the city.
    (b) A judgment  awarding  a  permanent  injunction  pursuant  to  this
  subchapter  may  authorize  agents  of  the city to forthwith remove and
  correct construction and structural alterations as provided  in  section
  26-246 of this code.
    (c)  A  judgment  awarding  a  permanent  injunction  pursuant to this
  subchapter 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 subdivision (e) of
  section 7-711 of this subchapter. 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 punishable, on conviction, by a
  fine of not more than two hundred fifty dollars or by  imprisonment  not
  exceeding  fifteen  days,  or  by  both, provided such judgment contains
  therein a notice of such penalty. The closing directed by  the  judgment
  shall  be  for such period as the court may direct but in no event shall
  the closing be for a period of more than one year from  the  posting  of
  the judgment provided for in this subdivision. If the owner shall file a
  bond in the value of the property ordered to be closed 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  subdivision  shall  not  constitute an act of
  possession, ownership or control by the sheriff of the closed premises.
    (d) 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  punishable
  by  a fine of not more than five hundred dollars, or by imprisonment not
  exceeding six months, or by both.
    (e) Upon the request of the agency involved or upon the  direction  of
  the  mayor,  the  police department shall assist in the enforcement of a
  judgment awarding a permanent injunction entered in  an  action  brought
  pursuant to this chapter.
    (f)  A  judgment  rendered awarding a permanent injunction pursuant to
  this subchapter 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 lis pendens in the office of the clerk of
  the county wherein the building, erection or  place  is  located.  Every
  such  lien  shall  have  priority before any mortgage or other lien that
  exists prior to such filing except tax and assessment liens.
    (g) A judgment  awarding  a  permanent  injunction  pursuant  to  this
  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 city in  investigating,  bringing  and
  maintaining the action.