US Laws, Codes, Statutes & Cases

 
    § 7-716 Action for civil penalty. (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) of 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 recover a civil penalty against
  any person conducting,  maintaining  or  permitting  a  public  nuisance
  within  the  scope  of  this subchapter. The amount of any civil penalty
  awarded in a judgment entered pursuant to this subchapter shall be in an
  amount of one thousand dollars for each day the public nuisance has been
  conducted, maintained or permitted. Upon recovery, such penalty shall be
  paid into the general fund of the city. The venue of such  action  shall
  be  in  the  county  wherein  the  public  nuisance  is being conducted,
  maintained or permitted.
    (b) The summons and its service; naming of parties as defendants.  The
  corporation  counsel  shall  name  as defendants all persons conducting,
  maintaining or permitting a public nuisance within  the  scope  of  this
  subchapter.  Other  persons  may  be named as defendants pursuant to the
  rules governing joinder of parties set forth in the civil  practice  law
  and  rules.  The  summons  shall be served in the manner provided by the
  civil practice law and rules.
    (c) Scienter. A temporary restraining order shall not be  granted  nor
  shall  a  judgment  be  entered  against a defendant unless the court is
  satisfied that the defendant had knowledge of the public nuisance  which
  the  defendant  conducted,  maintained  or permitted. The presumption of
  knowledge provided by subdivision one of section 235.10 of the penal law
  shall be applicable to this subchapter.