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 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 Article. The amount of
any civil penalty awarded in a judgment entered pursuant to this Article
shall be in an amount of $1,500 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
Article. 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 1 of § 235.10 of the
Penal Law shall be applicable to this Article.
A.
Generally. Pending an action pursuant to § 294-17 of this Article, the court may grant a preliminary injunction enjoining a defendant from making a bulk transfer, as defined in Subsection B of this section. An order granting a preliminary injunction shall direct a trial of the issues within three business days after joinder of issue or, if issue has already been joined, within three business days after entry of the order. Where a preliminary injunction has been granted, the court shall render a decision with respect to the final determination of the action within three business days after the conclusion of the trial. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a public nuisance within the scope of this Article is being conducted, maintained or permitted. The existence of an adequate remedy at law shall not prevent the granting of a temporary injunction or a temporary restraining order pursuant to this Article.
B.
Bulk transfer. A bulk transfer is any transfer of a major part of
the materials, supplies, merchandise or other inventory or equipment
of the transfer in the building erection or place where the public
nuisance is being conducted, maintained or permitted that is not in
the ordinary course of the transferor's business.
The Corporation Counsel shall show, by affidavit and such other
evidence as may be submitted, that there is a cause of action for
a civil penalty within the scope of this Article.
A.
Generally. If, on a motion for a preliminary injunction pursuant to § 294-18 of this Article, the Corporation Counsel shall show by clear and convincing evidence that a public nuisance within the scope of this Article is being conducted, maintained or permitted, a temporary restraining order may be granted, without notice, restraining the defendants and all persons from making or permitting a bulk transfer as defined in Subsection B of § 294-18, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary restraining order, the court shall direct the holding of a hearing for a preliminary injunction at the earliest possible time, but in no event later than three business days from the granting of such order; a decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.
B.
Service of temporary restraining order. Unless the court orders otherwise,
a temporary restraining order and the papers upon which it was based
and a notice of hearing for a preliminary injunction shall be personally
served, in the same manner as a summons as provided in the Civil Practice
Law and Rules.
D.
Inventory upon service of temporary restraining order. The officers
serving a temporary restraining order shall forthwith make and return
to the court an inventory of personal property situated in and used
in conducting, maintaining or permitting a public nuisance within
the scope of this Article and shall enter upon the building, erection
or place for such purpose.
When the defendant gives an undertaking in the amount of the
civil penalty demanded in the complaint, together with costs, disbursements
and the projected actual costs of the prosecution of the action to
be determined by the court, upon a motion on notice to the Corporation
Counsel a temporary injunction or a temporary restraining order shall
be vacated by the court. The provisions of the Civil Practice Law
and Rules governing undertakings shall be applicable to this Article.
A.
Seizure and destruction of obscene material. A judgment awarding
a civil penalty pursuant to this Article shall direct the Sheriff
to seize and remove from the building, erection or place and to forthwith
destroy all material found by the court or jury to be obscene, as
defined in § 235.00 of the Penal Law.
B.
Enforcement of the judgment for a civil penalty. A judgment awarding
a civil penalty shall be enforced by the Sheriff pursuant to the provisions
of the Civil Practice Law and Rules.
This chapter shall not be construed to exclude any other remedy
provided by law for the protection of the health, safety and welfare
of the people of the City of Buffalo.