[HISTORY: Adopted by the Town Board of the Town of Dickinson 12-10-2012 by L.L. No.
5-2012. Amendments noted where applicable.]
The Town of Dickinson Town Board finds that public nuisances
exist in the Town of Dickinson in the operation of certain commercial
establishments and the use or alteration of residential and commercial
property, in flagrant violation of the building code, zoning regulations,
health laws, multiple dwelling law, penal laws regulating obscenity,
prostitution and related conduct, gambling, controlled substances
and dangerous drugs, and possession of stolen property and licensing
laws. All of these interfere with the interest of the public in property
values, public health, safety and welfare and the quality of life
and community environment. The Board further finds that the continued
occurrence of such activities and violations is detrimental to the
health, safety and welfare of the people of the Town of Dickinson
and of the businesses thereof and visitors thereto. It is the purpose
of the Board to create one standardized procedure for securing legal
and equitable remedies relating to the subject matter encompassed
by this chapter, without prejudice to the use of procedures available
under existing and subsequently enacted laws, and to strengthen existing
laws on the subject.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, but is not limited to, the following: any search
warrants served on the property where controlled substances and/or
weapons were seized; investigative purchases of controlled substances
on or near the property by law enforcement agencies or their agents;
arrests for violations of controlled substance laws and/or possession
of weapons; loitering for the purposes of engaging in illegal activity;
an increase in the volume of traffic associated with property; complaints
made to law enforcement officials of illegal activity associated with
the property; and finding of illegal weapons, as defined in § 265.00
of the Penal Law, or controlled substances, as defined in Article
220 and 221 of the Penal Law, on or near property by law enforcement
officials and their agents.
A structure where space is covered or enclosed for the use,
shelter, storage or protection of persons, animals, chattel or property
of any kind and which is permanently affixed to the land.
A building subordinate to the principal building on the lot
and used for purposes which are clearly related but incidental to
that of said principal building.
A building or portion thereof utilized to accommodate the
activities of a business.
An activity, occupation, employment or enterprise which requires
time, attention, labor and material and wherein merchandise is exhibited
or sold or services are offered.
The entry of a plea of guilty to or a verdict of guilty upon
an accusatory instrument or to one or more counts of such instrument.
The presumption of knowledge by Subdivision 1 of § 235.10
of the Penal Law shall be applicable to this chapter. Notice, by mail
or personal service, of activities entailing a public nuisance to
the property owner of record shall be evidence of knowledge of the
public nuisance.
A parcel of land, with or without buildings or structures,
delineated by lot line and having access to a street as defined in
this chapter.
The New York State Penal Law.
Includes but is not limited to:
Any building, accessory building, business office, lot or yard
used for the purpose of:
Illegal drug use, possession or distribution and/or loitering
for the purpose of unlawfully using or possessing controlled substances
as defined in Articles 220 and 221 and § 240.36 of the Penal
Law.
Prostitution as defined in § 230.00 of the Penal Law
and loitering for the purposes set forth in § 240.37 of
the Penal Law.
Loitering as defined in § 240.35 of the Penal Law.
Obscene performances and/or promotion of obscene material as
defined in Article 235 of the Penal Law.
A business, activity or enterprise which is not licensed as
required by federal, state or local law and/or ordinance.
Unlawful activities described in § 123 of the Alcoholic
Beverage Control Law (unlawful sale, manufacture or consumption).
Gambling activities described in Article 225 of the Penal Law.
Animal fighting as defined in § 351 of the Agriculture
and Markets Law of the State of New York.
Any building, accessory building, business office, lot or yard
used for the purpose of, or to aid in, the commission of a violation
of Article 265 of the Penal Law (firearms and dangerous weapons).
Any building, accessory building, business office, lot or yard
wherein:
There exists or is occurring a violation of Chapter 600 of the Town Code (Zoning), or other provision of the fire, property maintenance or unsafe building provisions of the Town Code or New York State Uniform Fire Prevention and Building Code.
There is or has occurred a criminal nuisance as defined in §§ 240.45
and 240.46 of the Penal Law.
There is or has occurred a violation of the provisions of §§ 165.40,
164.45, 165.50 (criminal possession of stolen property), 170.65 (forgery
of vehicle identification number), 170.70 (illegal possession of vehicle
identification number) and 175.10 (falsifying business receipts) of
the Penal Law and of § 415-a (vehicle dismantlers) of the
Vehicle and Traffic Law.
Oral, written or other documented evidence tending to show
or prove the truth of the matter asserted.
Conduct, or evidence of conduct, prohibited under this chapter.
A violation does not require criminal prosecution and conviction but
only a preponderance of evidence that the prohibited conduct is occurring
or has occurred. Evidence of prohibited conduct may include, but is
not limited to, police reports, investigative reports, execution of
search warrants, results of police surveillance, arrest and/or conviction
of local and state and federal laws, activities associated with trafficking
of controlled substances on or near the property and/or increased
volume of traffic associated with the property.
An open area on a lot which is open to the sky that is unoccupied by a land use or activity except as may otherwise be provided in Chapter 600, Zoning.
A.
Evidence. In any action under this section, evidence of the common
fame and general reputation of the building, structure or place, of
the inhabitants or occupants thereof, or of those resorting thereto,
shall be competent evidence to prove the existence of a property or
building nuisance.
B.
Scienter. If evidence of the general reputation of the building,
structure or place, or of the inhabitants or occupants thereof, is
sufficient to establish the existence of the nuisance, it shall be
prima facie evidence of knowledge thereof and acquiescence and participation
therein and responsibility for the nuisance on the part of the owners,
lessors, lessees and all those in possession of or having charge of,
as agent or otherwise, or having any interest in any form in the property,
real or personal, used in conducting or maintaining the property or
building nuisance.
C.
Presumptions.
(1)
Any building, accessory building, business office, lot or yard wherein within the period of two years prior to the commencement of a proceeding under this chapter there have occurred two or more convictions, as defined in § 410-2 on the part of the lessees, owners, operators or occupants of the provisions of this chapter, as defined in § 410-2 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(2)
Any building, accessory building, business office, lot or yard wherein within the two-year period prior to the commencement of a proceeding under this chapter there have occurred four or more violations on the part of the lessees, owners, operators or occupants of the provisions of this chapter, as defined in § 410-2 of this article, shall be prima facie evidence that a public nuisance exists at said location.
(3)
Any building, accessory building, business office, lot or yard wherein within the period of two years prior to the commencement of an action under this chapter there has been presented a preponderance of evidence of repeated criminal activity which has an adverse impact, as defined in § 410-2 of this article, on such property or neighborhood shall be prima facie evidence that a public nuisance exists at said location.
B.
The notice. The Town Attorney shall name as defendants the building,
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.
C.
The petition.
(1)
The Town Attorney shall bring and maintain a civil special proceeding in the name of the Town of Dickinson in the Supreme Court of Broome 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 § 410-2 of this chapter, from further conducting, maintaining or permitting the public nuisance in the manner provided in this article. 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.
(2)
The existence of an adequate remedy at law shall not prevent the
granting of temporary or permanent relief pursuant to this chapter.
(3)
The petition shall allege the facts constituting the nuisance and
name as defendants the building, structure or place wherein the nuisance
is being conducted, maintained or permitted, by describing it by Tax
Map number or street address, and at least one of the owners who possesses
some part of or an interest in the property.
(4)
Any petition filed under this chapter shall be verified or accompanied
by an affidavit(s) for purposes of showing that the owner or his/her
agent has notice of the nuisance and has had an opportunity to abate
the nuisance.
(5)
The petition 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.
(6)
The petition shall describe the adverse impact associated with the
property on the surrounding neighborhood.
D.
In rem jurisdiction over building, structure or place. In rem jurisdiction
shall be complete over the building, structure or place wherein the
public nuisance is being conducted, maintained or permitted by affixing
the notice and petition to the door of the building, structure or
place, and by mailing the notice and petition by certified or registered
mail, return receipt requested, and by first-class mail, to one of
the owners who possesses some part of or an interest in the property.
Proof of service shall be filled within two days thereafter with the
clerk of the court designated in the summons. Service shall be complete
upon such filing.
E.
Service of notice and petition on other defendants. A defendant(s)
other than the building, structure or place wherein the public nuisance
is being conducted, maintained or permitted shall be served with the
petition as provided in the Civil Practice Law and Rules.
F.
Notice of pendency. With respect to any proceeding commenced or to
be commenced pursuant to this chapter, the Town Attorney may file
a notice of pendency pursuant to the provisions of Article 65 of the
Civil Practice Law and Rules.
G.
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 Town of Dickinson Assessor
and/or the office of the Clerk of the County of Broome.
H.
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.
I.
Penalty. If, upon the trial of an action under this chapter, or upon
a motion for summary judgment in a proceeding under this chapter,
a finding is made that the defendant(s) has conducted, maintained
or permitted a 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 was given by the Town. In addition, the defendant(s)
shall be liable for the costs of the Town in bringing the proceeding,
including reasonable attorneys' fees and other litigation expenses.
Upon recovery, such penalty shall be paid into the general fund of
the Town of Dickinson.
J.
Enforcement. A judgment pursuant to this chapter shall be enforced
by the Broome County Sheriff's Department or any other law enforcement
officer or agency with jurisdiction and the office of the Town Attorney.
A.
A judgment awarding a permanent injunction, pursuant to this chapter,
may direct the Sheriff to seize and remove from the building, structure
or place any and 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 Town.
B.
A judgment awarding a permanent injunction pursuant to this chapter
may authorize agents of the Town to forthwith remove and correct construction
and structural alterations in violation of the applicable building
and other codes. Any 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 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 Subsection H. 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 $250 or by imprisonment not exceeding 15 days, or by both, provided that such judgment contains therein a 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
this section. If the owner shall file a bond in the value of the property
ordered to be closed and submit 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 directed the closing of the building, structure
or place.
E.
A closing by the Sheriff pursuant to this section shall not constitute
an act of possession, ownership or control by the Sheriff of the closed
premises.
F.
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 $1,000 or by imprisonment not exceeding six
months, or by both.
G.
Upon the request of the Town Attorney or the Supervisor, the Broome
County Sheriff's Department or any other law enforcement officer
or agency with jurisdiction shall assist in the enforcement of a judgment
awarding a permanent injunction entered in an action brought pursuant
to this chapter.
H.
A judgment rendered awarding a permanent injunction pursuant to this
chapter shall be and become a lien upon the building, structure or
place named in the petition in such action, such lien to date from
the time of filing a notice of liens pending in the office of the
clerk of the county wherein the building, structure or place is located.
Every such nuisance abatement lien shall have priority before any
mortgage or other lien that exists prior to such filing, except tax
and assessment liens.
I.
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 Town in investigating, bringing and maintaining
the action, including reasonable attorneys' fees and litigation
expenses.
A.
Generally.
(1)
Pending an action for a permanent injunction as provided for in this
chapter, the court may grant a preliminary injunction enjoining a
public nuisance within the scope of this chapter and the person or
persons conducting, maintaining or permitting the public nuisance
from further conducting, maintaining or permitting the public nuisance.
An order granting the preliminary injunction shall direct a trial
of the issues at the earliest possible time. Where preliminary injunction
has been granted, the court shall render a decision with respect to
a permanent injunction at its earliest convenience after the conclusion
of the trial. A temporary closing order may be granted pending a hearing
for a preliminary injunction where it appears by clear and convincing
evidence that a nuisance within the scope of this chapter is being
conducted, maintained or permitted and that the public health, safety
or welfare immediately requires the granting of a temporary closing
order. A temporary restraining order may be granted pending a hearing
for a preliminary injunction where it appears by clear and convincing
evidence that a nuisance within the scope of this chapter is being
conducted, maintained or permitted.
(2)
Enforcement of preliminary injunction. A preliminary injunction shall
be enforced by the Town Attorney and the Broome County Sheriff's
Department or any other law enforcement officer or agency with jurisdiction.
(3)
Preliminary injunctions; inventory; closing of premises; posting
of order and notices; offenses. If the court grants a preliminary
injunction, the provisions of this article shall be applicable.
B.
Motion papers for preliminary injunction. The Town Attorney shall
show, by affidavit and such other evidence as may be submitted, that
there is a cause of action for a permanent injunction abating a nuisance
within the scope of this chapter.
C.
Temporary closing order.
(1)
If, on a motion for a preliminary injunction pursuant to this section,
the Town Attorney shall show, by clear and convincing evidence, that
a nuisance within the scope of this chapter 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, structure or place wherein the nuisance is being
conducted, maintained or permitted may be granted without notice,
pending 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 a preliminary
injunction shall be rendered by the court at the earliest possible
time.
(2)
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 Civil Practice Law and Rules.
D.
Temporary restraining order.
(1)
A temporary restraining order may be granted pending a hearing for
preliminary injunction where it appears by clear and convincing evidence
that a public nuisance within the scope of this chapter is being conducted,
maintained or permitted and that the public health, safety or welfare
immediately requires the granting of a temporary restraining order.
This order shall restrain the defendants and all persons from removing
or transferring off the property or in any manner interfering with
the fixtures and movable property used in conducting, maintaining
or permitting the public nuisance and from further conducting, maintaining
or permitting the public nuisance. Upon granting a temporary restraining
order, the court shall direct the holding of a hearing for the preliminary
injunction.
(2)
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 the preliminary injunction shall be personally
served in the same manner as a summons as provided in the Civil Practice
Law and Rules.
E.
Temporary closing order; temporary restraining order.
(1)
If, on motion for a preliminary injunction, the Town Attorney submits
evidence warranting both a temporary closing order and a temporary
restraining order, the court shall grant both orders.
(2)
Enforcement of temporary closing orders and temporary restraining
orders. Temporary closing orders and temporary restraining orders
shall be enforced by the Town Attorney and the Broome County Sheriff's
Department or other law enforcement officer or agency with jurisdiction.
F.
Inventory upon service of temporary closing orders and temporary
restraining orders. 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 chapter and shall enter
upon the building, structure 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.
G.
Closing of premises pursuant to temporary closing orders and temporary
restraining orders. The officers serving a temporary restraining order
shall, upon service of the order, command all persons present in the
building, structure or place to vacate the premises forthwith. Upon
the building, structure or place being vacated, the premises 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, structure or place involved. If
the fee owner, lessor or lessee is not at the building, structure
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, at which time the officers
shall deliver the keys to such owner, lessor or lessee, if such individual
resides within Broome County.
H.
Posting of temporary closing orders and temporary restraining orders.
(1)
Upon service of 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 the public
nuisance is being conducted, maintained or permitted. In addition,
where a temporary restraining 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 shall state
that certain described activity is prohibited by court order and that
removal of property is prohibited by court order.
(2)
If the temporary restraining order directs that the premises are
to be closed by court order, the 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.
(3)
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 $1,000 or by imprisonment not exceeding 90 days, or by both,
provided that such order or notice contains therein a notice of such
penalty.
(4)
The Broome County Sheriff's Department or other law enforcement
officer or agency with jurisdiction shall, upon the request of the
Town Attorney, or upon the direction of the Supervisor, assist in
the enforcement of this subsection.
I.
Intentional disobedience of or resistance to temporary restraining
order and permanent injunction. Intentional disobedience of, or resistance
to, a temporary restraining order, in addition to any other punishment
prescribed by law, shall be punishable, on conviction, by a fine of
not more than $1,000 or by imprisonment not exceeding six months,
or by both.
J.
Temporary restraining order or preliminary injunction bond required.
A temporary restraining order or preliminary injunction shall not
issue under this chapter except upon the giving of a bond or security
by the applicant, in the amount of $1,000, for the payment of such
costs and damages as may be incurred or suffered by any party who
is found to be wrongfully restrained or enjoined. A bond or security
shall not be required of the State of New York, municipal corporations
or political subdivisions of the State of New York.
A.
A temporary restraining order shall be vacated upon notice to the
Town Attorney if the defendant shows, by affidavit and such other
proof as may be submitted, that the public nuisance within the scope
of this chapter has been abated. An order vacating a temporary closing
order or a temporary restraining order shall include a provision authorizing
agencies of the Town to inspect the building, structure 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.
Intentional disobedience of, or resistance to, an inspection provision
of an order vacating a temporary restraining order, in addition to
any other punishment prescribed by law, shall be punishable, on conviction,
by a fine of not more than $1,000 or by imprisonment not exceeding
six months, or by both. The Broome County Sheriff's Department
or other law enforcement officer or agency with jurisdiction shall,
upon the request of the Town Attorney, or upon the direction of the
Supervisor, assist in the enforcement of an inspection provision of
an order vacating a temporary restraining order.
B.
A temporary restraining order may be vacated by the court, upon notice
to the Town Attorney, when the defendant gives an undertaking and
the court is satisfied that the public health, safety or 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,
structure or place where the public nuisance is being conducted, maintained
or permitted or in such other amount as may be fixed by the court.
The defendant shall pay to the Town, in the event that a judgment
of permanent injunction is obtained, its actual costs, expenses and
disbursements in investigating, bringing and maintaining the action,
including reasonable attorneys' fees and litigation expenses.
C.
Vacating a temporary injunction or a temporary restraining order.
When the defendant gives an undertaking in the amount of the civil
penalty demanded in the complaint, together with costs, disbursements
and projected annual costs of the prosecution of the action to be
determined by the court, upon a motion on notice to the Town Attorney,
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 chapter.
A.
Generally, pending an action pursuant to this chapter, the court
may grant a preliminary injunction enjoining a defendant from making
a bulk transfer, as defined in this section.
B.
If, on a motion for a preliminary injunction against a bulk transfer, the Town Attorney shall show by clear and convincing evidence that a public nuisance within the scope of this chapter 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 this section, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Application for a temporary restraining order shall be made pursuant to § 410-7.
C.
"Bulk transfer" defined. A bulk transfer is any transfer of a major
part of the materials, supplies, merchandise or other inventory or
equipment of the transferor in the building, structure or place where
the public nuisance is being conducted, maintained or permitted that
is not in the ordinary course of the transferor's business.
D.
Enforcement of preliminary injunction. A preliminary injunction shall
be enforced by the Town Attorney or by the Broome County Sheriff's
Department or other law enforcement officer or agency with jurisdiction.
A.
Appointment, duration and removal. In any action wherein the petition
alleges that the nuisance is being conducted or maintained in the
residential portions of any home, residence or sleeping place of one
or more human beings, the court may, upon motion on notice by the
plaintiff, appoint a temporary receiver to manage and operate the
property during the pendency of any action, in lieu of a temporary
closing order. 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.
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 all 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 for the safe and proper
operation of a dwelling, 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 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.
F.
Receiver's fees. The owner(s) of, or party(ies) responsible
for, the subject property shall be responsible for any fees of the
receiver, and the Town shall be entitled to recover from them such
receiver's fees.
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 Town of Dickinson.
