The city attorney may file a complaint in the name of the city, to enjoin all persons from maintaining or permitting such nuisance, to abate the same and to enjoin the use of any such place for the period of one year.
Upon the filing of a complaint by the city attorney in which the complaint states that irreparable injury, loss or damage will result to the city, the court shall enter a temporary restraining order without notice enjoining the maintenance of such nuisance, upon affidavit or testimony under oath, sufficient, if sustained, to justify the court in entering a preliminary injunction upon a hearing after notice. Every such temporary restraining order entered without notice shall be endorsed with the date and hour of entry of the order, shall be filed of record, and shall expire by its terms within such time after entry, not to exceed ten (10) days as fixed by the court, unless the temporary restraining order for good cause is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reason for extension shall be shown in the order. In case a temporary restraining order is entered without notice, the motion for a permanent injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character, and when the motion comes on for hearing, the city attorney shall proceed with the application for a permanent injunction, and, if he does not do so, the court shall dissolve the temporary restraining order. On two (2) days' written notice to the city attorney the defendant may appear and move the dissolution or modification of such temporary restraining order and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
Upon the filing of the complaint by the city attorney (in cases in which the city attorney does not request injunctive relief without notice) in the circuit court, the court, if satisfied that the nuisance complained of exists, shall allow a temporary restraining order, without bond, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the court granting the injunctive relief. However, no such injunctive relief shall be granted unless it be made to appear to the satisfaction of the court that the owner or agent of such place knew or had been personally served with a notice signed by the plaintiff and, that such notice has been served upon such owner or such agent of such place at least five (5) days prior thereto, that such place, specifically describing the same, was being so used, naming the date or dates of its being so used, and that such owner or agent had failed to abate such nuisance, or that upon diligent inquiry such owner or agent could not be found within the city for the service of such preliminary notice. The lessee, if any, of such place shall be made a party defendant to such petition. (Ord. 1193, 5-3-1988)