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2016 SESSION
HB 244 Nuisance; property where breach of peace recurs.
Introduced by: Jeion A. Ward | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Nuisance; property where breach of peace recurs. Defines as a "nuisance" any property where repeated breaches of the peace occur and authorizes any person to maintain a civil action to enjoin the maintenance of the nuisance. The bill provides that a bond will be required if the complainant is a private person and sets out procedures for service of notice, requirement of a hearing on an application for a preliminary injunction, and conduct of the trial in an action seeking a permanent injunction. The bill allows the court to consolidate the trial with the hearing on the application for a preliminary injunction and makes evidence of the general reputation of the building and its occupants admissible in proving the existence of a nuisance. Finally, the bill establishes liability for later owners who fail to abate a continuing nuisance and allows the attorney for a locality to commence a forfeiture action if an order of abatement of a nuisance is violated.
FULL TEXT
HISTORY
- 12/30/15 House: Prefiled and ordered printed; offered 01/13/16 16102048D
- 12/30/15 House: Referred to Committee for Courts of Justice
- 01/14/16 House: Assigned Courts sub: Civil Law
- 02/03/16 House: Subcommittee recommends striking from docket by voice vote
- 02/10/16 House: Stricken from docket by Courts of Justice by voice vote