8389 - Judgment and remedies.
§ 8389. Judgment and remedies. (a) Burden of proof.--The plaintiff must establish that a drug-related nuisance exists by a preponderance of the evidence. (b) Relief.--If the existence of a drug-related nuisance is found, the judgment may include actual damages and a temporary or permanent injunction to restrain, abate and prevent the continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief, mandatory orders or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the same, and the court may retain jurisdiction of the case for the purpose of enforcing its orders. (c) Additional remedies.--If the existence of a drug-related nuisance is found, the court shall have the power additionally to fashion any one or more of the following remedies: (1) Assess costs of the action against the defendant. (2) When a governmental agency is a plaintiff in the action, assess a civil penalty against the defendant of not less than $500 nor more than $10,000. (3) Order the owner to clean up the property and make repairs upon the property. (4) Suspend or revoke any business, professional, operational or liquor license. (5) Order the owner to make additional reasonable expenditures upon the property, including, but not limited to, installing secure locks on doors, increasing lighting in common areas and using videotaped surveillance of the property and adjacent alleyways, sidewalks and parking lots. (6) Order all rental income from the property to be placed in an escrow account with the court for up to 90 days or until the drug-related nuisance is abated. (7) Order all rental income for the property transferred to a trustee, to be appointed by the court, who shall be empowered to use the rental income to make reasonable expenditures upon the property in order to abate the drug- related nuisance. (8) Order the suspension of any State, city or local governmental subsidies payable to the owners of the property, such as tenant assistance payments to landlords, until the nuisance is abated. (9) Allow the plaintiff to seal the property with the cost of sealing payable by the defendant. (10) Order the defendant to pay the plaintiff the cost of the suit, including reasonable attorney fees. (d) Factors to consider.--In making an order under subsection (c), the court shall consider, among others, the following factors: (1) The number of people residing at the property. (2) The proximity of the property to other residential structures. (3) The number of times the property has been cited for housing code or health code violations. (4) The number of times the owner has been notified of drug-related problems at the property. (5) The extent and duration of the drug-related nuisance at the time of the order. (6) Prior efforts or lack of effort by the defendant to abate the drug-related nuisance. (7) The availability of alternative housing for tenants of the building. (8) The extent of concern about the drug-related nuisance that has been expressed by nearby residents or visitors to the area. (9) The owner's involvement in the drug-related nuisance. (10) The owner's involvement in other drug-related nuisances. Cross References. Section 8389 is referred to in section 8386 of this title.