§ 518.134. Judicial proceedings.

(a)

Whenever, in the judgment of the Chief, it is necessary to obtain the assistance of the courts to remove, terminate or abate a public nuisance, and in all cases wherein the person in possession of the property whereon is located the public nuisance sought to be removed, terminated or abated has refused the Chief entry upon the property, he shall request the Office of General Counsel, to commence and maintain the necessary action in the appropriate court to assist the Division in carrying out its responsibilities under this Chapter. The action may encompass any or all of the following proceedings:

(1)

To make application for an injunction or restraining order, whether temporary or permanent, to prevent a person from maintaining or continuing to maintain any of the conditions declared public nuisances under this Chapter.

(2)

To enjoin and abate the public nuisances declared under this Chapter.

(3)

To compel the performance of any act specifically required of any person to remove, terminate or abate a public nuisance.

(4)

To empower the Chief or his designated representative to enter upon property whereon a public nuisance exists or is maintained for the purpose of removing, terminating or abating the nuisance and to prevent the person in possession of the property from interfering with the Chief while exercising this power in accordance with the court's order.

(b)

The judicial remedies authorized to be sought by this Section are in addition to the power of the Chief to terminate public nuisances. The Chief shall, as much as possible, terminate public nuisances without recourse to the courts.

(c)

Whenever the Chief shall have contracted with a private contractor to terminate a public nuisance the remedies herein authorized to be sought for the Chief may be sought for the Chief on behalf of the private contractor, to the extent they are necessary to enable the private contractor to terminate the public nuisance.

(Ord. 96-458-297, § 1)