[HISTORY: Adopted by the Suffolk County Legislature 12-13-1988 by L.L. No.
2-1989 (Ch. 270, Art. II, of the 1985 Code). Amendments
noted where applicable. Uncodified sections of local laws amending
these provisions are included at the end of this chapter.]
A.
This Legislature hereby finds that buildings and places being employed
for the sale of controlled substances and other public nuisances exist
within the County of Suffolk; that the recent proliferation of nuisance
properties has brought to the County's attention that real estate
used for improper purposes can have a devastating impact on the surrounding
community; that these public nuisances exist in occupied and vacant
buildings and on occupied and vacant developed and undeveloped real
estate; that these public nuisances exist as a result of the operation
of certain businesses, establishments and use of property in flagrant
violation of pertinent provisions of penal laws, health laws, licensing
laws, environmental laws and laws relating to the sale and consumption
of alcoholic beverages; and that all of these public nuisances interfere
with the interest of the public in the quality of life and total community
environment, the tone of commerce in the County, property values and
the public health, safety and welfare of the residents of this County.
[Amended 12-4-2018 by L.L. No.
4-2019]
B.
This Legislature further finds and determines that the existence
of nuisance properties in this County is detrimental to the health,
safety and welfare of the people of the County of Suffolk and to the
businesses thereof and visitors thereto.
[Amended 12-4-2018 by L.L. No.
4-2019]
C.
Therefore, the purpose of this chapter is to create one standardized
procedure for securing legal and equitable remedies, without prejudice
to the use of procedures available under existing and subsequently
enacted laws; to strengthen existing laws so as to assist the Suffolk
County District Attorney, Suffolk County Department of Law, Suffolk
County Executive, Suffolk County Legislature, the Suffolk County Police
Department and town and village police departments in Suffolk County
in preventing buildings, residences, premises and real estate within
Suffolk County from being used in such a way as to constitute a public
nuisance.
[Amended 6-2-1998 by L.L. No. 10-1998; 5-11-2004 by L.L. No.
11-2004]
As used in this chapter, the following terms shall have the
meanings indicated:
The Suffolk County Department of Law.
The following:
[Amended 5-11-2010 by L.L. No. 25-2010]
First notice that prohibited conduct has occurred shall be given
to an owner and mortgage holder(s) of the affected real estate by
means of registered mail, return receipt requested. Where there are
multiple owners, said notice shall be sent to at least one of the
owners' addresses as recorded with the Suffolk County Clerk. If for
any reason the return receipt is not received by the County of Suffolk,
then the notice requirement shall be fulfilled by affixing the notice
to the door of at least one of the owners of the premises, at the
address as recorded with the Suffolk County Clerk; by affixing the
notice to the door of the affected property; and by mailing said notice
to the aforesaid addresses. The notice must contain a statement of
the date or dates upon which prohibited conduct took place on the
property, the nature of the prohibited conduct and a listing of all
conduct or occurrences that are considered prohibited conduct under
this chapter. It must inform the owner of his obligation to cause
the prohibited conduct to cease and advise the owner that, upon the
further occurrence of any prohibited conduct, action pursuant to this
chapter will be commenced by the County of Suffolk.
Final notice shall be sent to an owner and mortgage holder(s)
when there is a further occurrence of prohibited conduct within three
years of the first notice being given to an owner and mortgage holder(s).
The final notice must be sent by the authorized methods for a first
notice and must contain the same information as contained in the first
notice. It must further inform an owner of the further occurrence
of prohibited conduct and inform an owner that he or she is required
within five days to cause the prohibited conduct to cease and if necessary
to make an application to a court of appropriate jurisdiction to accomplish
the abatement of the prohibited conduct by any and all nonowner occupants.
The notice must further state that if an owner does not take such
action within five days of the final notice, or does not in good faith
diligently pursue any necessary litigation, the County of Suffolk,
pursuant to the provisions of this chapter, will bring necessary proceedings
for any remedies set forth in this chapter as though the County were
the owner of the premises.
Any person, individual, association, entity or corporation
in whose name the affected real estate is recorded with the Suffolk
County Clerk.
The following:
Any conduct or occurrence that is in violation of the following
articles or sections of the New York State Penal Law:
[Amended 2-15-2005 by L.L. No. 8-2005]
Article 220 (controlled substances).
Article 230 (prostitution).
Article 225 (gambling).
Sections 221.40, 221.45, 221.50 and 221.55 (criminal sale of
marijuana in the fourth degree through first degree).
Sections 165.45, 165.50, 165.52 and 165.54 (criminal possession
of stolen property in the fourth degree through first degree).
Sections 165.09 and 165.10 (auto stripping in the second and
first degrees).
Section 170.65 (forgery of a vehicle identification number).
Section 170.71 (illegal possession of a vehicle identification
number plate).
[Amended 4-26-2011 by L.L. No. 24-2011]
Section 265.08 (criminal use of a firearm in the second degree).
Section 265.09 (criminal use of a firearm in the first degree).
Section 265.11 (criminal sale of a firearm in the third degree).
Section 265.12 (criminal sale of a firearm in the second degree).
Section 265.13 (criminal sale of a firearm in the first degree).
Section 120.08 (assault on a peace officer, police officer,
fireman or emergency medical services professional).
Section 120.10 (assault in the first degree).
Section 265.02 (criminal possession of a weapon in the third
degree).
Section 265.03 (criminal possession of a weapon in the second
degree).
Section 265.04 (criminal possession of a dangerous weapon in
the first degree).
Section 120.06 and 120.07 (gang assault in the second and first
degrees).
[Added 12-4-2018 by L.L. No. 4-2019]
Article 130 (sex offenses).
[Added 12-4-2018 by L.L. No. 4-2019]
Article 263 (sexual performance by a child).
[Added 12-4-2018 by L.L. No. 4-2019]
Any conduct either unlawful in itself or unreasonable under
all the circumstances that creates or results in the maintaining of
a condition which endangers the safety or health of a considerable
number of persons or that creates or results in the maintenance of
any premises or place where persons gather for the purpose of engaging
in unlawful conduct.
Any building, residence, premises or place where an owner
thereof has been given first notice that prohibited conduct has occurred
therein or thereon and within a period of three years after said first
notice has been given there is an additional occurrence of any prohibited
conduct therein or thereon.
[Amended 5-11-2010 by L.L. No. 25-2010]
[Amended 12-1-1992 by L.L. No. 18-1992]
A.
The Suffolk County Police Department must report to the Department
the address of any building, residence, premises or place at which
prohibited conduct has occurred which has resulted in charges filed
or an arrest within 90 days of such action, or within 90 days of the
cessation of any ongoing investigations or police matters which could
be hampered in any way by the forwarding of such information outside
the Police Department.
[Added 5-11-2010 by L.L. No. 25-2010; amended 4-26-2011 by L.L. No.
24-2011; 10-7-2014 by L.L. No. 28-2014]
B.
Upon the request of the Suffolk County Legislature, the Suffolk County
Executive, the Suffolk County District Attorney, the head of any Suffolk
County department or agency or any village or town police department
or upon its own initiative, the Department is authorized to send notice
that prohibited conduct has occurred. Any town or village government
which formally enacts a resolution of authorization may assign personnel,
manpower or other town or village resources to the County of Suffolk
on a voluntary basis without compensation for joint action with the
County of Suffolk in carrying out and enforcing the provisions of
this chapter. Any such joint action shall be coordinated, supervised
and controlled by the County of Suffolk.
C.
After first notice has been sent, the Suffolk County Legislature,
the Suffolk County Executive, the Suffolk County District Attorney,
the Suffolk County Police Department, any town or village police department
or the head of any Suffolk County department or agency shall inform
the Department of the recurrence of prohibited conduct at the affected
property. Thereafter, the Department shall send final notice to an
owner of the affected premises. If no corrective measures are diligently
pursued by the owner(s) within the five-day time period provided therein,
the Department is authorized to bring and maintain a civil action
or proceeding in the name of the County of Suffolk in any court of
appropriate jurisdiction to seek remedies as hereinafter provided.
Any town or village government which formally enacts a resolution
of authorization may assign personnel, manpower or other town or village
resources to the County of Suffolk on a voluntary basis without compensation
for joint action with the County of Suffolk in carrying out and enforcing
the provisions of this chapter. Any such joint action shall be coordinated,
supervised and controlled by the County of Suffolk.
D.
The Department shall send notices to the owners and mortgage holders
of affected real property no later than 60 days after the Department
receives notification from the Suffolk County Police Department or
a town or village police department that prohibited conduct has occurred
thereon. The Department shall file a copy of all notices it issues
with the Clerk of the County Legislature and the Commissioner of the
Department of Social Services no later than 30 days after their issuance.
[Added 5-11-2010 by L.L. No. 25-2010; amended 4-26-2011 by L.L. No.
24-2011; 12-4-2018 by L.L. No. 4-2019]
[Amended 12-1-1992 by L.L. No. 18-1992; 4-26-2011 by L.L. No.
24-2011]
A.
Subject to the limitation period set forth in Subsection B of this § 623-4, the Department is authorized to bring and maintain a civil action or special proceeding in the name of the County in a court of competent jurisdiction for necessary relief, including but not limited to temporary, preliminary and/or permanent equitable remedies, which may include orders to make improvements and/or alterations to a premises; eviction of tenants; ejection of occupants; imposition of civil penalties; and the recovery of the costs of the action, including but not limited to investigative costs, litigation expenses and reasonable attorney's fees, or for such other remedies as may be necessary to prevent or enjoin any public nuisance from existing at any building, residence, premises or place within the County of Suffolk. These remedies may be sought singly or in combination with each other in a court of competent jurisdiction. The owner, lessor, lessee of a building, residence, premises or place where a public nuisance is being conducted, maintained or permitted shall be named as defendants or respondents in the action or special proceeding. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this chapter. The enforcement of all remedies obtained pursuant to this chapter shall be carried out by the Department, the Suffolk County Police Department and/or the Suffolk County Sheriff and/or any town or village Police Department in the County of Suffolk. Any town or village government which formally enacts a resolution of authorization may assign personnel, manpower or other town or village resources to the County of Suffolk on a voluntary basis without compensation for joint action with the County of Suffolk in carrying out and enforcing the provisions of this chapter. Any such joint action shall be coordinated, supervised and controlled by the County of Suffolk.
B.
Any civil action or proceeding referred to in Subsection A of this section may be brought by the Department within three years of the date of a conviction of any prohibited conduct in the building, residence, premises or place where a public nuisance is being conducted, maintained or permitted. Nothing in this Subsection B shall be construed as a prohibition on the Department from bringing any civil action or special proceeding authorized by Subsection A of this section prior to the conviction of a person accused of such prohibited conduct.
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]
Pending request for any remedy as provided for under this chapter,
the Department may apply for and the court may grant a preliminary
injunction enjoining a public nuisance within the scope of this chapter
and the person or persons engaging in or permitting prohibited conduct
from further engaging in or permitting the prohibited conduct. A temporary
closing order and/or 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 chapter exists because prohibited conduct is being engaged
in or conducted, maintained or permitted.
A.
Granting of temporary closing order. If, on a motion for a preliminary injunction pursuant to § 623-6 of this chapter, the Department shall show by clear and convincing evidence that a public nuisance within the scope of this chapter exists because prohibited conduct is being conducted, maintained or permitted, and that the public health, safety or welfare immediately requires a temporary closing order, a temporary order closing such part of the building, residence, premises or place wherein the public nuisance exists because prohibited conduct is being conducted, maintained or permitted may be granted without notice, pending an order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary closing order, the court shall direct the holding of a hearing for the 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 closing order. Unless the court orders otherwise,
a temporary closing order, together with the papers upon which it
was based, and a notice of hearing for the preliminary injunction
shall be personally served, in the same manner as a summons as provided
in the New York Civil Practice Law and Rules.
A.
Generally. If, on a motion for a preliminary injunction pursuant to § 623-6 of this chapter, the Department shall show by clear and convincing evidence that a public nuisance within the scope of this chapter exists because prohibited conduct is being conducted, maintained or permitted, and that the public health, safety or welfare immediately requires a temporary restraining order, such temporary restraining order may be granted without notice restraining the defendants and all persons from removing or in any manner interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting the public nuisance and from further conducting, maintaining or permitting the public nuisance, 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 the 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. Unless the court orders otherwise, a temporary restraining
order and the papers upon which it was based and a notice of hearing
for the preliminary injunction shall be personally served in the same
manner as a summons as provided in the New York Civil Practice Law
and Rules.
A.
Generally. If, on a motion for a preliminary injunction, the Department
submits evidence warranting both a temporary closing order and a temporary
restraining order, the court shall grant both orders.
B.
Inventory upon service of temporary closing orders and temporary
restraining orders. The officers serving a temporary closing order
or 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 chapter and shall enter upon the building, residence,
premises or place for such purpose. Such inventory shall be taken
in any manner which is deemed likely to evidence a true and accurate
representation of the personal property subject to such inventory,
including but not limited to photographing such personal property.
C.
Closing of premises pursuant to temporary closing order. The officers
serving a temporary closing order shall, upon service of the order,
command all persons present in the building, residence, premises or
place to vacate forthwith. Upon the building, residence, premises
or place being vacated, it shall be securely locked and all keys delivered
to the officers serving the order who thereafter shall deliver the
keys to the fee owner, lessor or lessee of the building, residence,
premises or place involved. If the fee owner, lessor or lessee is
not at the building, residence, premises or place when the order is
being executed, the officers shall securely padlock the premises and
retain the keys until the fee owner, lessor or lessee of the building
is ascertained, in which event the officers shall deliver the keys
to such owner, lessor or lessee.
D.
Posting of temporary closing order and temporary restraining order.
Upon service of a temporary closing order or a temporary restraining
order, the officer shall post a copy thereof in a conspicuous place
or upon one or more of the principal doors at entrances of such premises
where a public nuisance exists because prohibited conduct is being
conducted, maintained or permitted. In addition, where a temporary
closing order has been granted, the officers shall affix, in a conspicuous
place or upon one or more of the principal doors at entrances of such
premises, a printed notice that the premises have been closed by court
order, which notice shall contain the legend "CLOSED BY COURT ORDER"
in block lettering of sufficient size to be observed by anyone intending
or likely to enter the premises, the date of the order, the court
from which issued and the name of the office or agency posting the
notice. Furthermore, where a temporary restraining order has been
granted, the officers shall affix, in the same manner, a notice similar
to the notice provided for in relation to a temporary closing order,
except that the notice shall state that certain described activity
is prohibited by court order and that removal of property is prohibited
by court order. Mutilation or removal of such a posted order or such
a posted 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 $100 or by imprisonment not exceeding 15
days, or by both, provided that such order or notice contains therein
a notice of such penalty.
E.
Intentional disobedience of or resistance to a temporary closing
order or a temporary restraining order, in addition to any other punishment
prescribed by law, shall be punishable, on conviction, as an unclassified
misdemeanor with a fine of not more than $500 or imprisonment not
exceeding six months, or both.
A.
A temporary closing order or a temporary restraining order shall
be vacated, upon notice to the Department, if the defendant or respondent
shows by affidavit or such other proof as may be submitted that the
public nuisance within the scope of this chapter which existed because
prohibited conduct was being conducted, maintained or permitted has
been abated. An order vacating a temporary closing order shall include
a provision authorizing agencies of the County to inspect the building,
residence, premises or place which is the subject of an action pursuant
to this chapter, periodically without notice, during the pendency
of the action for the purpose of ascertaining whether or not the public
nuisance has been resumed. It shall be the obligation of the defendant
or respondent applying to the court for an order vacating a temporary
closing order or a temporary restraining order to prove by affidavit
or such other proof deemed appropriate by the court that the intended
occupants of the building have been advised of and consent to a provision
authorizing an agency of the County to inspect without notice as provided
herein. Intentional disobedience of or resistance to an inspection
provision of an order vacating a temporary closing order or a temporary
restraining order, in addition to any other punishment prescribed
by law, shall be punishable, on conviction, as an unclassified misdemeanor
with a fine of not more than $500 or by imprisonment not exceeding
six months, or by both.
B.
A temporary closing order or a temporary restraining order may be
vacated by the court, upon notice to the Department, when the defendant
or respondent gives an undertaking and the court is satisfied that
the public health, safety or general welfare will be protected adequately
during the pendency of the action. The undertaking shall be in an
amount equal to the assessed valuation of the building, residence,
premises or place where the public nuisance is being conducted, maintained
or permitted or in such other amount as may be fixed by the court.
A.
Generally. In any action or special proceeding under this chapter,
the court may, upon motion on notice by the plaintiff or petitioner,
appoint a temporary receiver to manage and operate the property during
the pendency of the action or proceeding. A temporary receivership
shall not continue after final judgment unless otherwise directed
by the court. Upon the motion of any party, including the temporary
receiver, or on its own initiative, the appointing court may remove
a temporary receiver at any time. Any fees due and owing the receiver
for services rendered shall be chargeable to the defendant or respondent.
B.
Powers and duties. The temporary receiver shall have such powers
and duties as the court shall direct, including but not limited to
collecting and holding all rents due from tenants, leasing or renting
portions of the building or structure, making or authorizing other
persons to make necessary repairs or to maintain the property, hiring
security or other personnel necessary to maintain the premises safely,
prosecuting or defending suits flowing from his or her management
of the property and retaining counsel therefor, and expending funds
from the collected rents in furtherance of the foregoing powers.
C.
Oath. A temporary receiver, before entering upon his or her duties,
shall be sworn or shall affirm faithfully and fairly to discharge
the trust committed to such receiver. The oath or affirmation may
be administered by any person authorized to take acknowledgments of
deeds by the Real Property Law. The oath or affirmation may be waived
upon consent of all parties.
D.
Undertaking. A temporary receiver shall give an undertaking, in an
amount to be fixed by the court making the appointment, that such
receiver will faithfully discharge his or her duties.
E.
Accounts. A temporary receiver shall keep written accounts itemizing
receipts and expenditures, and describing the property and naming
the depository of receivership funds, which shall be open to inspection
by any person having an apparent interest in the property. Upon motion
of the temporary receiver or of any person having an apparent interest
in the property, the court may require the keeping of particular records
or direct or limit inspection or require presentation of a temporary
receiver's accounts. Notice of motion for the presentation of
a temporary receiver's accounts shall be served upon the sureties
on the temporary receiver's undertaking as well as upon each
party.
When the defendant or respondent gives an undertaking in an
amount fixed by the court, 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 Department,
a preliminary injunction may be vacated by the court. The provisions
of the New York Civil Practice Law and Rules governing undertakings
shall be applicable to this chapter.
A.
A judgment awarding a permanent injunction pursuant to this chapter
may direct the County Sheriff to seize and remove from the building,
residence, premises or place all material, equipment and instrumentalities
used in the creation and maintenance of the public nuisance and shall
direct the sale by the County Sheriff of such property in the manner
provided for the sale of personal property under execution pursuant
to the provisions of the New York 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 County.
B.
A judgment awarding a permanent injunction pursuant to this chapter may direct the closing of the building, residence, premises or place by the County Sheriff, to the extent necessary to abate the nuisance, and shall direct the County Sheriff to post a copy of the judgment and a printed notice of such closing conforming to the requirements of § 623-9D of this chapter. 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 $100 or by imprisonment not exceeding 15 days, or by both, provided that 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 subsection. 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, residence, premises 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, residence, premises or place. Any closing by the Sheriff pursuant to the provisions of this section shall not constitute an act of possession, ownership or control by the Sheriff of the closed premises.
C.
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 as
an unclassified misdemeanor with a fine of not more than $500, or
by imprisonment not exceeding six months, or by both.
D.
A judgment rendered awarding a permanent injunction pursuant to this
chapter shall constitute a lien upon the building, residence, premises
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, residence, premises 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.
E.
A judgment awarding a permanent injunction pursuant to this chapter
shall provide for the costs and disbursements allowed by the New York
Civil Practice Law and Rules and, in addition, the County shall be
entitled, upon satisfactory proof by affidavit or such other evidence
as may be submitted, to its actual costs, expenses and disbursements
in investigating, bringing and maintaining the action. The defendants
and/or respondents are jointly and severally liable for any such costs,
expenses and disbursements.
A.
Pursuant to the provisions of this chapter, the Department is authorized
to send notice and, if necessary, commence and maintain an action
or proceeding for the ejection or eviction of the occupant(s) or tenant(s)
at any building, residence, premises or place where a public nuisance
exists.
B.
In any action or proceeding for ejection or eviction, brought by
the Department pursuant to this section, at least one of the owners,
and any person(s) in possession, shall be named and served as defendants
or respondents.
C.
Before the Department may commence an action or proceeding pursuant to this section, the Department shall complete all notice requirements provided for in the definition of "notice" in § 623-2. Upon the failure of the owner or landlord to act pursuant to the requirements set forth in the notice, the Department is authorized to commence an action or proceeding in accordance with this chapter and as set forth in the notice. Such action or proceeding shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by him and not prosecuted diligently and in good faith.
D.
A court granting an eviction or ejectment pursuant to this section
may, in addition to any other order provided by law, make an order
imposing and requiring the payment by the defendant or respondent
of a civil penalty not exceeding $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 and may also
order the payment of the costs to the County in investigating, bringing
and maintaining the action, and the recovery of reasonable attorneys'
fees by the County. In any such case, multiple defendants or respondents
shall be jointly and severally liable for any payment so ordered and
the amounts of such payments shall constitute a lien upon the subject
building, residence, premises or place. Any penalties or fees shall
be payable to Suffolk County and shall become a part of the general
fund of the County.
[Amended 4-26-2011 by L.L. No. 24-2011]
E.
The commencement of a proceeding under this section 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 Suffolk County.
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 County of Suffolk.
