A Porter Creek homeowner has been ordered to stop any illegal activities on his property while waiting for the courts to decide whether he should be evicted over suspicions of bootlegging.

Marius Moustakas, of 1312 Centennial St., was in front of Yukon Supreme Court Justice Ron Veale this morning.

The Department of Public Safety and Investigations is seeking to evict Moustakas from his house for 90 days.

This is the first such action under the Safer Communities and Neighbourhood Act (SCAN) calling for the temporary eviction of a homeowner.

The main request for eviction will not be heard in court until July. In the meantime, Veale ruled that there was a "reasonable inference” that the property was being used habitually for the consumption or sale of liquor in contravention of the Liquor Act.

The judge also ruled that the activities were adversely affecting the community.

Veale issued an interim order prohibiting Moustakas or anyone else on the property from participating in the illegal activity.

The judge also told Moustakas he must do everything possible to prevent the activities from recurring on the property.

Moustakas, who has yet to retain a lawyer, agreed to follow the order.

Court documents show 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.

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.

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.

This is the first eviction attempt involving a homeowner.

SCAN allows officers to built a fact-based case that doesn't need to meet the same legal 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.