Suspicions of bootlegging have prompted the Yukon government to seek a court order evicting a Porter Creek homeowner from his house for 90 days.

It's the first such action requested through the Safer Communities and Neighbourhood Act (SCAN), though evictions of rental tenants have been common since the legislation was passed in 2006.

Jeff Ford, the director of public safety and investigations, confirmed this morning this is the first such action under SCAN calling for the temporary eviction of a homeowner.

Representatives of the Yukon government and Marius Moustakas of 1312 Centennial St. are scheduled to appear Tuesday before a Yukon Supreme Court judge to discuss the matter.

The government is asking the court to find that Moustakas was engaged in the illegal sale of alcohol and drugs.

It is asking for a court order directing Moustakas and any others involved in the sale of alcohol or drugs to stop, along with an order directing Moustakas to make sure the activities do not continue.

The government is also seeking an order to have the house vacated entirely for a period of 90 days.

The request under the SCAN legislation is supported by a list of allegations placed before the court, along with sworn statements by investigators detailing their involvement.

The document maintains SCAN investigators received a complaint Dec. 30, 2011, alleging bootlegging was occurring at 1312 Centennial. The house is situated at the corner of Centennial and Fourteenth Avenue, across from the Garden Centre.

After contacting the Yukon Liquor Control Corp., staff at the Whitehorse Liquor Store reported irregular purchasing patterns by one customer, and subsequently went back through purchase records and video footage.

Property owners near the corner lot were interviewed, according to the court documents.

The documents indicate neighbouring property owners reported public intoxication, littering, public defecation, suspicions of illegal activity and constant pedestrian and vehicle traffic.

"The neighbours agreed that this interfered with their business and, or, peaceful enjoyment of their properties,” says the court document filed by the SCAN office.

"They also expressed concerns for their safety and security, and the general safety of the public.”

The documents noted that video surveillance of the property was set up.

Over 87 hours from Feb. 16 to Feb. 20, there were 70 visits to the home, the vast majority lasting between four and five minutes, say the documents.

There were 86 visits, most of the same length, between Feb. 27 and March 5.

The SCAN office received a complaint March 26 regarding the sale from the property of what was said to be prescription drugs.

Undercover investigators visited the home to conduct a "mock buy” and were offered liquor and prescription drugs, the documents say.

Spokesman Dan Cable of the Department of Justice said today it would not be appropriate for the SCAN office to comment about what if any other charges are contemplated by other enforcement agencies.

The action sought is specific to Safer Communities and Neighbourhood legislation, he said.

He explained the request for an order to have the home vacated for a period of 90 days is the maximum allowed for under the legislation.

The intent of a temporary eviction, Cable explained, is to snap the habitual cycle that evolves around a particular address as the place to go.

He said since the legislation was enacted in 2006, the SCAN office has taken 59 actions, including 30 warnings and 29 evictions of rental properties with the assistance of the landlord.

In many cases, landlords aren't aware of what's going on, he said, adding most are happy to assist then they find out.

Cable reiterated this is the first eviction attempt involving a homeowner.

The SCAN legislation arose out of the push by the late Todd Hardy, the former NDP leader and MLA.

Hardy brought forward the initiative amid the growing concern nothing could be done about known drug houses, if the criminal system was not able to secure the necessary evidence for a conviction.

SCAN allows officers to built a fact-based case that doesn't need to meet the same test as a criminal case, but allows the court the breathing room to make obvious assumptions based on such things as the number of visitors and when they're visiting.