47-1-2 - Injunction -- Notice to owner of premises. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-47 > Chapter-01 > 47-1-2

47-1-2. Injunction -- Notice to owner of premises.
Whenever a nuisance as defined in this chapter is kept or maintained, or exists, the countyattorney or any citizen of the county may maintain an action in equity in the name of the state ofUtah, upon the relation of such county attorney or citizen, to perpetually enjoin such nuisance, theperson or persons conducting or maintaining the same and the owner or agent of the building orground upon which it exists; provided, that when the owner or agent is not in the actualpossession of the premises he shall have, before an action is brought under this chapter againsthim or affecting his real estate, notice in writing of the existence and nature of the nuisance, andhe shall have a reasonable time after service of such notice in which to abate the nuisance. In suchaction the court, or a judge thereof, shall upon the presentation of a complaint therefor allegingthat the nuisance complained of exists, allow a temporary writ of injunction without bond, if itshall be made to appear to the satisfaction of the court or judge that such nuisance exists, byevidence in the form of affidavits, depositions, oral testimony or otherwise, as the complainantmay elect, unless the court or judge, by previous order, shall have directed the form and mannerin which it shall be presented. Three days' notice in writing shall be given the defendant of thehearing of the application, and if then continued at his instance, the writ as prayed for shall begranted as a matter of course. When an injunction has been granted it shall be binding on thedefendant throughout the judicial district in which it was issued, and any violation of theprovisions of the injunction herein provided for shall be a contempt as hereinafter provided.

No Change Since 1953

State Codes and Statutes

Statutes > Utah > Title-47 > Chapter-01 > 47-1-2

47-1-2. Injunction -- Notice to owner of premises.
Whenever a nuisance as defined in this chapter is kept or maintained, or exists, the countyattorney or any citizen of the county may maintain an action in equity in the name of the state ofUtah, upon the relation of such county attorney or citizen, to perpetually enjoin such nuisance, theperson or persons conducting or maintaining the same and the owner or agent of the building orground upon which it exists; provided, that when the owner or agent is not in the actualpossession of the premises he shall have, before an action is brought under this chapter againsthim or affecting his real estate, notice in writing of the existence and nature of the nuisance, andhe shall have a reasonable time after service of such notice in which to abate the nuisance. In suchaction the court, or a judge thereof, shall upon the presentation of a complaint therefor allegingthat the nuisance complained of exists, allow a temporary writ of injunction without bond, if itshall be made to appear to the satisfaction of the court or judge that such nuisance exists, byevidence in the form of affidavits, depositions, oral testimony or otherwise, as the complainantmay elect, unless the court or judge, by previous order, shall have directed the form and mannerin which it shall be presented. Three days' notice in writing shall be given the defendant of thehearing of the application, and if then continued at his instance, the writ as prayed for shall begranted as a matter of course. When an injunction has been granted it shall be binding on thedefendant throughout the judicial district in which it was issued, and any violation of theprovisions of the injunction herein provided for shall be a contempt as hereinafter provided.

No Change Since 1953

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-47 > Chapter-01 > 47-1-2

47-1-2. Injunction -- Notice to owner of premises.
Whenever a nuisance as defined in this chapter is kept or maintained, or exists, the countyattorney or any citizen of the county may maintain an action in equity in the name of the state ofUtah, upon the relation of such county attorney or citizen, to perpetually enjoin such nuisance, theperson or persons conducting or maintaining the same and the owner or agent of the building orground upon which it exists; provided, that when the owner or agent is not in the actualpossession of the premises he shall have, before an action is brought under this chapter againsthim or affecting his real estate, notice in writing of the existence and nature of the nuisance, andhe shall have a reasonable time after service of such notice in which to abate the nuisance. In suchaction the court, or a judge thereof, shall upon the presentation of a complaint therefor allegingthat the nuisance complained of exists, allow a temporary writ of injunction without bond, if itshall be made to appear to the satisfaction of the court or judge that such nuisance exists, byevidence in the form of affidavits, depositions, oral testimony or otherwise, as the complainantmay elect, unless the court or judge, by previous order, shall have directed the form and mannerin which it shall be presented. Three days' notice in writing shall be given the defendant of thehearing of the application, and if then continued at his instance, the writ as prayed for shall begranted as a matter of course. When an injunction has been granted it shall be binding on thedefendant throughout the judicial district in which it was issued, and any violation of theprovisions of the injunction herein provided for shall be a contempt as hereinafter provided.

No Change Since 1953