Arizona § 12-992 - Residential property nuisances; temporary restraining order; notice; hearing; costs

§ 12-992. Residential property nuisances; temporary restraining order; notice; hearing; costs

A. If the existence of a nuisance on a residential property as described in section 12-991 is shown in the action to the satisfaction of the court either by verified complaint or affidavit and the court finds that the owner, the owner's managing agent or the party responsible for the property knew or had reason to know of the criminal activity and failed to take reasonable, legally available actions to abate the nuisance, the court shall enter a temporary restraining order to abate and prevent continuance or recurrence of the criminal activity.  The court may issue any other order that is reasonably necessary to abate 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 restraining order, copies of the restraining order and the complaint, and notice of an opportunity for a hearing shall be served on the defendant named in the action or on the statutory agent, if applicable.  Service shall be made pursuant to section 12-991.

C. Notice of the entry of a restraining order, copies of the restraining order and the complaint, and a notice of the possibility of a hearing shall be served on any legal occupant whom the plaintiff believes may claim an interest related to the property that is the subject of the action. Notice may be served personally, by first class mail or by posting on the occupant's door.  The name of the legal occupant is not required to be included on the notice.

D. The notice required by subsection C of this section of the possibility of a hearing shall be printed in at least twelve point type in substantially the following form:

Notice

A notice of a nuisance action has been delivered to your property owner or managing agent (landlord).  A copy of that notice is attached.  If your property owner or managing agent does not remedy the problem, the appropriate government authority is authorized to abate, or end, the nuisance. This could include a closing order that may require you to move out and remove all your belongings.  If you do not exercise your right to appear in the case, you may lose your right to contest a closing order or present other concerns.

You may request the court, the name of which is on the attached notice, to permit you to appear in the action.

E. Any action filed pursuant to this article shall not be stayed or dismissed due to the failure to serve notice pursuant to subsection C of this section if a good faith attempt is made to serve the notice.

F. 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.  If a hearing is requested, the person shall file a verified answer to the complaint with the request for a hearing and shall serve notice of the request on the plaintiff.  The temporary restraining order remains in effect until the hearing is completed.

G. A hearing shall be scheduled within ten days after a verified answer and request for a hearing is filed.  The court may order any discovery that it considers to be reasonably necessary and appropriate.

H. Any legal occupant who claims an interest related to the property that is the subject of the action and who is so situated that the disposition of the action may as a practical matter impair or impede the person's ability to protect that interest shall be permitted to intervene in the action.

I. At the hearing, evidence of the general reputation of the property, building or place is admissible for the purpose of proving the existence of the nuisance.

J. If at the hearing the court determines that reasonable grounds exist to believe that a nuisance, as described in section 12-991, exists, the court shall issue a permanent injunction abating the criminal activity and may do any of the following:

1. Issue any other order that is reasonably necessary to abate the criminal activity, including orders to pay damages.

2. Award expenses incurred in abating the nuisance, including the costs of investigation and enforcement of the restraining order, temporary injunction or permanent injunction, the costs of compensation for a temporary receiver, the expenditures incurred by a temporary receiver and reasonable attorney fees.

3. Order a civil penalty of not more than ten thousand dollars.

4. Order the appointment of a temporary receiver pursuant to section 12-996.

5. Issue a closing order pursuant to section 12-997.

K. If an answer to the complaint is not filed or a hearing is not requested, the allegations are deemed to be admitted.  The court shall enter judgment for the plaintiff and shall issue a permanent injunction abating the criminal activity.

L. On entry of a second or subsequent injunction under this section within a three year period, the court may order the property owner to pay three times the costs of the abatement.  For the purposes of this subsection, "costs" includes all of the costs provided for in subsection J of this section.

M. The court shall terminate a restraining order and dismiss the complaint that was issued solely based on criminal activity committed by a tenant if the defendant attempts a forcible entry and detainer action against the tenant, unless the court finds that the defendant prosecuted the forcible entry and detainer action in bad faith.