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2016 SESSION

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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.


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