§ 257-7. Action for permanent injunction., Article II. General Nuisance Remedies, Chapter 257. Property and Building Nuisances, Part II. General Legislation, Code of Ordinances, New Rochelle

Generally. Upon the direction of the City Manager or at the request of the head of a department of the City with respect to a nuisance stated in § 257-6 and set forth in § 257-4 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 of Westchester County to permanently enjoin a nuisance within the scope of this article and the person or persons conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the nuisance. The owner, lessor or lessee of a building, structure or place wherein the nuisance is being conducted, maintained or permitted shall be made defendants in the action. The venue of such action shall be in Westchester County where the nuisance is being conducted, maintained or permitted. The existence of an adequate remedy at law shall not prevent the granting of temporary or permanent relief pursuant to this article.

Summons; caption; naming the building, structure or place as defendant. The Corporation Counsel shall name as defendants the building, structure or place wherein the nuisance is being conducted, maintained or permitted by describing it by section, block, lot number and street address and at least one of the owners who possesses some part of or an interest in the property.

In rem jurisdiction over building, structure or place. In rem jurisdiction shall be complete over the building, structure or place wherein the 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.

Service of summons on other defendants. Defendants, other than the building, structure or place wherein the nuisance is being conducted, maintained or permitted, shall be served with the summons as provided in the Civil Practice Law and Rules.

Notice of pendency. With respect to any action commenced or to be commenced pursuant to this article, the Corporation Counsel may file a notice of pendency pursuant to the provisions of Article 65 of the Civil Practice Law and Rules.

Presumption of ownership. The person in whose name the real estate affected by the action is recorded in the Department of Finance of the City of New Rochelle or the Office of the Clerk of the County of Westchester, as the case may be, shall be presumed to be the owner thereof.

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 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.

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 intentionally conducted, maintained or permitted a nuisance, as defined in this chapter, a penalty, to be included in the judgment, may be awarded in an amount not to exceed $1,000 for each day it is found that the defendant intentionally conducted, maintained or permitted the nuisance. Upon recovery, such penalty shall be paid into the general fund of the City.