A Porter Creek property owner has volunteered to be evicted from his home for 90 days under the territory's Safer Communities and Neighbourhood Act (SCAN).

At a private case management conference on June 27, Marius Moustakas, of 1312 Centennial St., agreed to the terms of a court order sought by the Department of Public Safety and Investigations.

The government alleges Moustakas sold bootlegged liquor and drugs from his property.

In the Community Safety order signed by both Moustakas and a lawyer representing the government, the 71-year-old man agrees to vacate his property for 90 days starting July 1.

Moustakas has also been placed under a cease order for the next year requiring that all illegal activities stop on the property and that he "do everything reasonably possible to prevent the activities from continuing or reoccuring.”

This is the first time in the Yukon SCAN legislation has been used to evict a home owner.

Homeowners have been evicted using similar legislation in other jurisdictions around the country, said Jeff Ford, the government's director of public safety and investigations.

"The property was at the centre of a significant amount of harm to the community spanning many years,” Ford said.

"Despite the efforts of RCMP, the illegal activities continued. We know that the Community Safety Order will provide relief to members of the community and hopefully prevent a future recurrence of illegal activities.”

According to court documents, 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 14th Avenue, across from the Garden Centre.

After contacting the Yukon Liquor Control Board, 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 vehicular 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.

Last month, the house caught fire, causing between $70,000 and $80,000 in damage to the home with another approximately $15,000 to $20,000 to its contents.

The blaze was not deemed to be suspicious.

Following the fire, Moustakas served the tenants of another Porter Creek apartment he owns with an eviction notice so he would have some place to live.

The second home is on 14th Avenue, which runs perpendicular to Centennial.

Meanwhile, Moustakas is not through with his dealings with the courts.

He still faces a charge in territorial court of selling liquor without a licence.