Arizona Laws 12-999. Commercial property nuisances; temporary restraining order; notice; hearing
A. If the existence of a nuisance on commercial property as described in section 12-998 is shown in the action to the satisfaction of the court either by verified complaint or affidavit, the court shall enter a temporary restraining order to abate and prevent continuance or recurrence of the criminal activity. The complaint shall be verified unless it is filed by the attorney general or a county or city attorney.
Terms Used In Arizona Laws 12-999
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
B. Notice of the entry of a temporary restraining order, copies of the temporary restraining order and the complaint and notice of an opportunity for a hearing shall be served on the defendant named in the action. Service shall be made pursuant to the Arizona rules of civil procedure.
C. A person who is directed to abate criminal activity pursuant to a temporary restraining order issued pursuant to subsection A of this section may request a hearing within ten days after receiving the notice. A verified answer to the complaint shall be filed with the request for a hearing. If a hearing is requested, notice of the request shall be served on the plaintiff. The temporary restraining order remains in effect until the hearing is completed.
D. If at the hearing the court determines that reasonable grounds exist to believe that a nuisance, as described in section 12-998, subsection A, exists, the court shall issue a permanent injunction abating the criminal activity and may issue any other order that is reasonably necessary to abate the criminal activity, including damages. If the court determines that reasonable grounds do not exist to believe that a nuisance exists, the court shall dismiss the action and terminate the temporary restraining order.
E. A hearing on an action under this section shall be set within thirty days after the request is filed or after a verified answer to the complaint is filed if a temporary restraining order has not been issued. Before the hearing, the court may order any discovery that the court considers to be reasonably necessary and appropriate.
F. If a hearing is not requested, the court shall issue a permanent injunction abating the criminal activity.