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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