A. General: The court shall issue an ex parte temporary restraining order if the complaint, supported by an affidavit, shows by a preponderance of the evidence that there is probable cause to believe that a public nuisance has occurred on, in, or about the real property, or the real property was used to commit, conduct, promote, facilitate or aid the commission of any public nuisance.
B. Seizure Of Real Property And The Contents Of Buildings: The temporary restraining order shall make orders necessary to effect the seizure of real property and the contents of buildings and which are reasonably necessary to access, maintain and safeguard the property. These orders shall become effective within thirty (30) days of the date the temporary restraining order is posted on the real property and served as provided by subsection 9.6.703I of this part, unless within that thirty (30) day period a person claiming a legal or equitable interest or right of possession in the real property files, sets, serves and has heard a motion to vacate or modify the temporary restraining order(s) as provided in subsection 9.6.707C of this part, or unless within that thirty (30) day period a person claiming a legal or equitable interest or right of possession in the real property files, sets, serves and has heard a motion to stay execution of a temporary restraining order as provided in subsection 9.6.707E of this part. The motion shall be heard and determined as provided in subsections 9.6.707C and E of this part. A motion properly brought under subsection 9.6.707C or E of this part shall temporarily stay a temporary restraining order until the conclusion of the hearing. No temporary restraining order shall permit the seizure of real property until this thirty (30) day period has elapsed. (Ord. 00-104; Ord. 01-42)