§ 257-17. Action for civil penalty.

A. 

Generally. Upon the direction of the City Manager or at the request of the head of a department of the City or at the request of the District Attorney with respect to the nuisances stated in § 257-15 and defined 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 the County of Westchester to recover a civil penalty against any person conducting, maintaining or permitting a nuisance within the scope of this article. The amount of any civil penalty awarded in a judgment entered pursuant to this article shall be in an amount of $1,000 for each day the 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 Westchester County.

B. 

Summons and service; naming of parties as defendants. The Corporation Counsel shall name as defendants all persons conducting, maintaining or permitting a nuisance within the scope of this article. 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 nuisance which the defendant conducted, maintained or permitted. The presumption of knowledge provided by Subdivision 1 of § 235.10 of the Penal Law shall be applicable to this article.