§ 257-8. Preliminary injunction.  


Latest version.
  • A. 
    Generally. Pending an action for a permanent injunction as provided for in § 257-7 of this article, the court may grant a preliminary injunction enjoining a nuisance within the scope of this article and the person or persons conducting, maintaining or permitting the nuisance from further conducting, maintaining or permitting the nuisance. An order granting a preliminary injunction shall direct a trial of the issues within three business days after joinder of issue or, if issue has already been joined, within three business days after the entry of the order. Where a preliminary injunction has been granted, the court shall render a decision with respect to a permanent injunction within three business days after the conclusion of the trial. A temporary closing order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a nuisance within the scope of this article is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires the granting of a temporary closing order. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears by clear and convincing evidence that a nuisance within the scope of this article is being conducted, maintained or permitted.
    B. 
    Enforcement of preliminary injunction. A preliminary injunction shall be enforced by the City department at whose request the underlying action is being brought. In the event that the underlying action is being brought at the direction of the City Manager or at the request of a City department or by the Corporation Counsel, the order shall be enforced by the department designated by the City Manager. The Police Department shall, upon the request of the department involved or upon the direction of the City Manager, assist in the enforcement of the preliminary injunction.
    C. 
    Preliminary injunctions; inventory; closing of premises; posting of orders and notices; offenses. If the court grants a preliminary injunction, the provisions of § 257-12 of this article shall be applicable.
Amended 9-24-2002 by Ord. No. 161-2002