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A. A temporary restraining order shall be vacated by the court, upon notice to the city attorney, if the defendant shows by affidavit and such other proof as may be submitted that the public nuisance has been abated and will not be resumed during the pendency of the action. An order vacating a closing order, vacation order, or other temporary restraining order shall include a provision authorizing officers or employees of the city to inspect the premises or property, which is the subject of an action pursuant to this article, periodically without notice, during the pendency of the action, for the purpose of ascertaining whether or not the public nuisance has been resumed.
B. A temporary restraining order may be vacated by the court, upon notice to the city attorney, when the defendant gives an undertaking and the court is satisfied that the public health, safety or welfare will be protected adequately during the pendency of the action. The undertaking shall be in an amount equal to the assessed valuation of the premises or property where the public nuisance is being conducted, maintained or permitted or in such other amount as may be fixed by the court.
(Ord. 2005-12, 3-15-2005; amd. Ord. 2005-29, 5-24-2005)
A. General: In any action wherein the complaint alleges that the public nuisance is being conducted or maintained in the residential portions of any premises or portion thereof, which are occupied in whole, or in part, as the home, residence or sleeping place of one or more human beings, the court may, upon motion on notice by the city, appoint a temporary receiver to manage and operate the premises or property during the pendency of the action, in lieu of a temporary closing order. A temporary receivership shall not continue after final judgment unless otherwise directed by the court. Upon the motion of any party, including the temporary receiver, or on its own initiative, the appointing court may remove a temporary receiver at any time.
B. Powers And Duties: The temporary receiver shall have such powers and duties as the court shall direct, including, but not limited to, collecting and holding all rents due from all tenants, leasing or renting portions of the premises, making or authorizing other persons to make necessary repairs or to maintain the premises or property, hiring security or other personnel necessary for the safe and proper operation of a dwelling, prosecuting or defending suits flowing from his or her management of the premises or property and retaining counsel therefor, and expending funds from the collected rents in furtherance of the foregoing powers.
C. Oath: A temporary receiver, before entering upon his or her duties, shall be sworn or shall affirm faithfully and fairly to discharge the trust committed to such receiver. The oath or affirmation may be waived upon consent of all parties.
D. Undertaking: A temporary receiver shall give an undertaking in an amount to be fixed by the court making the appointment, that such receiver will faithfully discharge his or her duties.
E. Accounts: A temporary receiver shall keep written accounts itemizing receipts and expenditures, and describing the premises or property and naming the depository of receivership funds, which shall be open to inspection by any person having an apparent interest in the premises or property. Upon motion of the temporary receiver, or of any person having an apparent interest in the premises or property, the court may require the keeping of particular records, or direct or limit inspection or require presentation of a temporary receiver's accounts shall be served upon the sureties on the temporary receiver's undertaking as well as upon each party.
(Ord. 2005-12, 3-15-2005; amd. Ord. 2005-29, 5-24-2005)
A defendant lessee, owner, operator or occupant of any premises or property determined to be a public nuisance shall be subject to a civil penalty in the amount of five hundred dollars ($500.00) for each day it is found that the defendant conducted, maintained or permitted the public nuisance after a notice to abate was given to the defendant by the city. Such civil penalty may also be imposed by the court for each day a defendant is in violation of any closing order, vacation order, or other temporary restraining order, preliminary injunction or permanent injunction. Such penalties shall be in addition to any other civil penalty imposed under this code.
(Ord. 2005-12, 3-15-2005; amd. Ord. 2005-29, 5-24-2005)
In addition to any other punishment prescribed by law, the following acts are punishable, on conviction, as a class B misdemeanor:
A. Mutilation or removal of a closing order, vacation order, or other temporary restraining order, preliminary injunction or permanent injunction, posted in accordance with this article while it remains in force.
B. Intentional disobedience of, or resistance to, a closing order, vacation order, or other temporary restraining order, preliminary injunction or permanent injunction, issued pursuant to the provisions of this article.
C. Intentional disobedience of, or resistance to, an inspection provision of an order vacating a temporary restraining order under section 1-4C-8 of this article.
(Ord. 2005-12, 3-15-2005; amd. Ord. 2005-29, 5-24-2005)