This article shall be applicable to the public nuisances defined in Article I of this chapter.
The Village Attorney may bring and maintain a civil proceeding in the name of the Village for the following types of relief:
A. 
Permanent injunction.
B. 
Temporary closing order.
C. 
Temporary restraining order.
D. 
Temporary injunction.
E. 
Civil penalties.
(1) 
The summons. The Village Attorney of the Village of Hillburn shall name as defendants the building, structure or place wherein the public nuisance is being conducted, maintained or permitted, by describing it by tax map number and/or street address, and at least one of the owners of some part of or interest in the property.
(2) 
The complaint.
(a) 
The Village Attorney shall bring and maintain a civil proceeding in the name of the Village of Hillburn in the Supreme Court of Rockland County, or any other court of competent jurisdiction, to permanently enjoin the public nuisance and the persons conducting, maintaining or permitting the public nuisance, as defined in Article I, § 166-3, of this chapter, from further conducting, maintaining or permitting the public nuisance, in the manner provided in Article II of this chapter. The owner, operator and/or lessee of a building, structure or place wherein the public nuisance is being conducted, maintained or permitted may be made defendants in the action.
(b) 
The venue of such action shall be the county where the public nuisance is being conducted, maintained or permitted.
(c) 
The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this chapter.
(d) 
The civil action shall be commenced by the filing of a summons and complaint alleging the facts constituting the nuisance.
(e) 
The complaint shall name as defendants the building, structure or place wherein the nuisance is being conducted, maintained or permitted, by describing it by tax map number and/or street address, and at least one of the owners who possess some part of or an interest in the property.
(f) 
Any complaint filed under this chapter shall be verified or accompanied by affidavit(s) for the purpose of showing that the owner or his/her agent has notice of the nuisance and has had an opportunity to abate the nuisance.
(g) 
The complaint or affidavit shall contain a description of the attempts by the applicant to notify and locate the owner of the property and/or the owner's agent.
(h) 
The complaint or affidavit shall describe the adverse impact associated with the property on the surrounding neighborhood.
(3) 
In rem jurisdiction over building, structure, or place. In rem jurisdiction shall be completed over the building, structure or place wherein the public nuisance is being conducted, maintained or permitted by affixing the summons to the door of the building, structure or place and by mailing the summons by certified or registered mail, return receipt requested, to one of the owners who possesses some part of or an 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.
(4) 
Service of summons on other defendants. Defendant(s), other than the building, structure 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.
(5) 
Notice of pendency. With respect to any action commenced or to be commenced pursuant to this chapter, the Village Attorney may file a notice of pendency pursuant to the provisions of Article 65 of the Civil Practice Law and Rules.
(6) 
Presumption of ownership. The owner of the real estate affected by the action shall be presumed to be the person in whose name the real estate is recorded in the office of the Village of Hillburn Assessor and/or the office of the Clerk of the County of Rockland.
(7) 
Presumption of employment or agency. Whenever there is testimony 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, structure or place considered to be a nuisance.
(8) 
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 conducted, maintained or permitted a public nuisance defined in this chapter, a penalty may be awarded in an amount not to exceed $1,000 for each day it is found that the defendant conducted, maintained or permitted the public nuisance after notice to abate has been given by the Village. Upon recovery, such penalty shall be paid into the general fund of the Village.
(9) 
Enforcement. A judgment pursuant to this chapter shall be enforced by the Town of Ramapo Police Department and the office of the Village Attorney, Village of Hillburn.
A. 
A judgment awarding a permanent injunction pursuant to this chapter may direct the Town of Ramapo or the Sheriff of Rockland County Police Department to seize and remove from the building, structure or place all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance and shall direct the sale by the Town of Ramapo or Sheriff of Rockland County Police Department 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 Village.
B. 
A judgment awarding a permanent injunction pursuant to this chapter may authorize agents of the Village to forthwith remove and correct construction and structural alterations in violation of the Village housing code. And all costs associated with these repairs or alterations shall become a lien against said property and shall have priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens and any nuisance abatement lien.
C. 
A judgment awarding a permanent injunction pursuant to this chapter may direct the closing of the building, structure or place by the Ramapo Police Department to the extent necessary to abate the nuisance and shall direct the Ramapo Police Department to post a copy of the judgment and a printed notice of such closing conforming to the requirements of § 166-3 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 $500 or by imprisonment not exceeding 15 days, or by both, provided such judgment contains therein notice of such penalty.
D. 
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 section.
E. 
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, structure 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, structure or place.
F. 
A closing by the Ramapo Police Department pursuant to this section shall not constitute an act of possession, ownership or control by the Ramapo Police Department of the closed.
G. 
Undertaking. A temporary receiver shall give an undertaking, in an amount to be fixed by the Court making the appointment, that such receiver will faithful discharge his or her duties.
H. 
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.
This article 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 Village of Hillburn.