Section 7-715
§ 7-715 Applicability. This subchapter shall be applicable to public
nuisances defined in subdivisions (b) and (c) of section 7-703 of this
chapter.
Section 7-716
§ 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.
Section 7-717
§ 7-717 Preliminary injunction. (a) Generally. Pending an action
pursuant to section 7-716 of this subchapter, the court may grant a
preliminary injunction enjoining a defendant from making a bulk
transfer, as defined in subdivision (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 subchapter 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 subchapter.
(b) "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, 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.
(c) Enforcement of preliminary injunction. A preliminary injunction
shall be enforced by the agency or agencies specified in subdivision (b)
of section 7-707 of this chapter.
(d) Preliminary injunction; inventory. If the court grants a
preliminary injunction, the provisions of subdivision (d) of section
7-719 of this subchapter shall be applicable.
Section 7-718
§ 7-718 Motion papers for preliminary injunction. 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 subchapter.
Section 7-719
§ 7-719 Temporary restraining order. (a) Generally. If, on a motion
for a preliminary injunction pursuant to section 7-717 of this
subchapter, the corporation counsel shall show by clear and convincing
evidence that a public nuisance within the scope of this subchapter 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 subdivision
(b) of section 7-717, 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.
(c) Enforcement of temporary restraining order. A temporary
restraining order shall be enforced by the city agency or agencies
specified in subdivision (b) of section 7-707 of this chapter.
(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 subchapter and shall enter upon the building, erection
or place for such purpose.
Section 7-720
§ 7-720 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 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 subchapter.
Section 7-721
§ 7-721 Judgment. (a) Seizure and destruction of obscene material. A
judgment awarding a civil penalty pursuant to this subchapter 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 section 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.
Section 7-722
§ 7-722 Chapter not exclusive remedy. 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 New York.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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