§ 280-13. Permanent injunction.

A. 

A judgment awarding a permanent injunction pursuant to this chapter may direct the County Sheriff to seize and remove from the building, residence, premises or place all material, equipment and instrumentalities used in the creation and maintenance of the public nuisance and shall direct the sale by the County Sheriff of such property in the manner provided for the sale of personal property under execution pursuant to the provisions of the CPLR. The net proceeds of any such sale, after deduction of the lawful expenses involved, shall be paid into the general fund of the Village of Sleepy Hollow.

B. 

A judgment awarding a permanent injunction pursuant to this chapter may direct the closing of the building, residence, premises or place by the County Sheriff to the extent necessary to abate the nuisance and shall direct the County Sheriff to post a copy of the judgment and a printed notice of such closing conforming to the requirements of § 280-9D of this chapter. 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 $350 or by imprisonment not exceeding six months, or by both, provided that such judgment contains therein a notice of such penalty. 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 in this subsection. If the owner shall file a bond in the value of the property ordered to be closed and submits 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, residence, premises or place has been directed to be closed in the judgment, the court may vacate the provisions of the judgment that direct the closing of the building, residence, premises or place. Any closing by the Sheriff pursuant to the provisions of this section shall not constitute an act of possession, ownership or control by the Sheriff of the closed premises.

C. 

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 as a violation with a fine of not more than $350 or by imprisonment not exceeding six months, or both.

D. 

A judgment rendered awarding a permanent injunction pursuant to this chapter shall constitute a lien upon the building, residence, premises or place named in the complaint in such action, such lien to date from the time of filing a notice of its pendency in the office of the Clerk of the County wherein the building, residence, premises or place is located. Every such lien shall have priority before any mortgage or other lien that exists prior to such filing except tax and assessment liens.

E. 

A judgment awarding a permanent injunction pursuant to this chapter shall provide for the costs and disbursements allowed by the CPLR and, in addition, the Village of Sleepy Hollow shall be entitled, upon satisfactory proof by affidavit or such other evidence as may be submitted, to its actual costs, expenses and disbursements in investigating, bringing and maintaining the action. The defendants and/or respondents are jointly and severally liable for any such costs, expenses and disbursements.