Section 7-707. Preliminary injunction  


Latest version.
  • (a) Generally. Pending an action for a
      permanent   injunction   as  provided  for  in  section  7-706  of  this
      subchapter, the court may grant a  preliminary  injunction  enjoining  a
      public  nuisance  within  the scope of this subchapter and the person or
      persons conducting, maintaining or permitting the public  nuisance  from
      further  conducting,  maintaining  or permitting the public nuisance. An
      order granting a preliminary injunction shall  direct  a  trial  of  the
      issues  within  three  business days after joinder of issue or, if issue
      has already been joined, within three business days after the  entry  of
      the  order.  Where  a preliminary injunction has been granted, the court
      shall render a decision with respect to a  permanent  injunction  within
      three  business  days  after  the  conclusion  of the trial. A temporary
      closing order may  be  granted  pending  a  hearing  for  a  preliminary
      injunction  where  it  appears  by  clear and convincing evidence that a
      public nuisance within the scope of this subchapter is being  conducted,
      maintained  or  permitted  and that the public health, safety or welfare
      immediately requires the  granting  of  a  temporary  closing  order.  A
      temporary  restraining  order  may  be  granted  pending a hearing for a
      preliminary injunction where it appears by clear and convincing evidence
      that a public nuisance within the scope  of  this  subchapter  is  being
      conducted, maintained or permitted.
        (b)  Enforcement  of  preliminary injunction. A preliminary injunction
      shall be enforced by the city agency at  whose  request  the  underlying
      action  is  being  brought.  In the event the underlying action is being
      brought at the direction of the mayor, or at the request of several city
      agencies or by the corporation counsel, on his or her own initiative, or
      upon the request of a  district  attorney,  or  a  member  of  the  city
      council,  the  order  shall  be enforced by the agency designated by the
      mayor. The police department shall,  upon  the  request  of  the  agency
      involved  or  upon the direction of the mayor, assist in the enforcement
      of the preliminary injunction.
        (c) Preliminary injunctions, inventory, closing of  premises,  posting
      of  orders  and  notices,  offenses.  If  the court grants a preliminary
      injunction, the provisions of section 7-711 of this subchapter shall  be
      applicable.