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2017 Arizona Revised Statutes
Title 12 - Courts and Civil Proceedings
§ 12-999 Commercial property nuisances; temporary restraining order; notice; hearing

Universal Citation: AZ Rev Stat § 12-999 (2017)
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12-999. Commercial property nuisances; temporary restraining order; notice; hearing

A. If the existence of a nuisance on commercial property as described in section 12-998 is shown in the action to the satisfaction of the court either by verified complaint or affidavit, the court shall enter a temporary restraining order to abate and prevent continuance or recurrence of the criminal activity. The complaint shall be verified unless it is filed by the attorney general or a county or city attorney.

B. Notice of the entry of a temporary restraining order, copies of the temporary restraining order and the complaint and notice of an opportunity for a hearing shall be served on the defendant named in the action. Service shall be made pursuant to the Arizona rules of civil procedure.

C. A person who is directed to abate criminal activity pursuant to a temporary restraining order issued pursuant to subsection A of this section may request a hearing within ten days after receiving the notice. A verified answer to the complaint shall be filed with the request for a hearing. If a hearing is requested, notice of the request shall be served on the plaintiff. The temporary restraining order remains in effect until the hearing is completed.

D. If at the hearing the court determines that reasonable grounds exist to believe that a nuisance, as described in section 12-998, subsection A, exists, the court shall issue a permanent injunction abating the criminal activity and may issue any other order that is reasonably necessary to abate the criminal activity, including damages. If the court determines that reasonable grounds do not exist to believe that a nuisance exists, the court shall dismiss the action and terminate the temporary restraining order.

E. A hearing on an action under this section shall be set within thirty days after the request is filed or after a verified answer to the complaint is filed if a temporary restraining order has not been issued. Before the hearing, the court may order any discovery that the court considers to be reasonably necessary and appropriate.

F. If a hearing is not requested, the court shall issue a permanent injunction abating the criminal activity.

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