Arizona Laws 40-360.25. Injunction; mandamus
A. If any person is engaging in excavation in violation of this article and the violation has resulted in or is likely to result in damage to an underground facility or if any person is proposing to use procedures for excavation in violation of this article that are likely to result in damage to an underground facility, any affected underground facilities operator may commence an action in the superior court in the county in which the excavation is occurring or is to occur, or in which the person complained of has its principal place of business or resides, for the purpose of having such act or omission stopped and prevented, either by mandamus or injunction.
Terms Used In Arizona Laws 40-360.25
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- 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.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Excavation: means any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced by means or use of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, ditching, drilling, augering, boring, tunnelling, scraping, cable or pipe plowing and driving. See Arizona Laws 40-360.21
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- One-call notification center: means an organization of owners or operators of underground facilities that provides a telephone number notification service for the purpose of receiving and distributing to its members advance notifications from persons regarding planned excavations. See Arizona Laws 40-360.21
- Person: means any individual, firm, joint venture, partnership, corporation, association, homeowners' association, municipality, governmental unit, department or agency and shall include any trustee, receiver, assignee or personal representative thereof. See Arizona Laws 40-360.21
- Property: includes both real and personal property. See Arizona Laws 1-215
- Underground facilities operator: means a public utility, municipal corporation, landlord or other person having the right to bury underground facilities in any public street, alley, right-of-way dedicated to the public use or public utility easement, in any apartment community or mobile home park or pursuant to any express or implied private property easement. See Arizona Laws 40-360.21
- Underground facility: means any item of personal property that is buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, electric energy, oil, gas or other substances, and shall include but not be limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those portions of poles and their attachments below ground except cross culverts or similar roadway drainage facilities and landscape irrigation systems of two inches in diameter or less. See Arizona Laws 40-360.21
B. If any landlord in violation of this article fails to file information with a one-call notification center, knowingly fails to update the information, fails to locate or mark an underground facility in a manner required by this article or fails to prepare and maintain installation records required by this article, any affected underground facilities operator, any harmed excavator or a one-call notification center may commence an action in the superior court in the county in which the facility is situated or in which the person complained of has its principal place of business or resides, for the purpose of having such acts or omissions stopped and prevented, either by mandamus or injunction. A landlord is deemed to have knowledge of the filing requirements ten working days after a copy of Section 40-360.32, subsection A is sent by certified mail to the property owner of record according to the records of the county assessor in the county in which the property is located.
C. Such persons as the court may deem necessary or proper may be joined as parties.
D. The final judgment in any such action or proceeding shall either dismiss the action or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the complaint. If the court finds that the person complained of has repeatedly engaged in negligent or unsafe excavation or has knowingly violated this article without just cause, the court shall issue such order and take such equitable action as shall be reasonable and appropriate to prevent continuance by such person of such act or omission.