§ 49B-5. Injunctive relief.

A. 

The Town Attorney may bring and maintain a civil proceeding in the name of the Town of Brookhaven to enjoin a public nuisance within the scope of this chapter and enjoining the person conducting, maintaining or permitting the public nuisance from further conducting, maintaining or permitting the public nuisance. Unless otherwise indicated herein, said action shall be governed by the provisions of the Civil Practice Law and Rules.

B. 

In addition to any other remedy provided by law, injunctive relief granted pursuant to this chapter may provide for the closing of any building, structure, erection or place and may authorize representatives of the Town of Brookhaven to enter upon the premises and take any necessary actions to close and appropriately secure the premises so as to prevent entry to and/or continued use thereof.

C. 

In any action brought under 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.

D. 

In any action brought under this chapter, the Town Attorney may apply for the appointment of a receiver as provided in Article 64 of the Civil Practice Law and Rules. Solely for the purposes of this chapter, the Town of Brookhaven shall be deemed to have an interest in the subject premises as that term is utilized in § 6401 of the Civil Practice Law and Rules. Any actions taken hereunder shall not be construed nor constitute an act of possession, ownership or control of the subject premises by the Town of Brookhaven.

E. 

In any action brought under this chapter, the person in whose name ownership of the real property affected by the action is recorded in the office of the Town Assessor or the County Clerk, as the case may be, shall be presumed to be the owner thereof.

F. 

In any action brought under this chapter, whenever there is evidence that any person was the manager, operator, supervisor or in any other way in charge of or in possession and/or control of the premises at the time a public nuisance was being conducted, maintained or permitted, such evidence shall be presumptive that he, she or it was an agent or employee of the owner or lessee of the building, erection or place.

G. 

The existence of an adequate remedy at law shall not prevent the granting of temporary, preliminary or permanent injunctive relief pursuant to this chapter.

H. 

Intentional disobedience or resistance of any provision of an order or judgment awarding injunctive relief pursuant to this chapter, in addition to any other punishment prescribed by law, shall be punishable by a fine of not more than $500 or by imprisonment not exceeding six months, or by both.

I. 

A judgment rendered awarding a permanent injunction pursuant to this chapter shall be and become a lien upon the building, erection or place named in the complaint in such action, such lien to date from the time of filing a notice of lis pendens in the office of the County Clerk. Every such lien shall have priority before any mortgage or other lien that exists prior to such filing, except tax and assessment liens.

J. 

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 of Brookhaven in investigating, bringing and maintaining the action and in securing the premises, including but not limited to reasonable attorneys' fees.

K. 

In any action under this chapter, evidence of the common fame and general reputation of the building, erection or place of the inmates or occupants thereof or of those resorting thereto shall be competent evidence to prove the existence of the public nuisance. If evidence of the general reputation of the building, erection or place or of the inmates or occupants thereof, is sufficient to establish the existence of the public 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 public nuisance.

L. 

The Department of Public Safety shall assist in the monitoring and enforcement of injunctive relief granted under this chapter.