§ 280-8. Temporary restraining order.  


Latest version.
  • A. 
    Generally. If, on a motion for preliminary injunction pursuant to § 280-6 of this chapter, the Building Department shall show by clear and convincing evidence that a public nuisance within the scope of this chapter exists because prohibited conduct is being conducted, maintained or permitted and that the public health, safety or welfare immediately requires a temporary restraining order, such temporary restraining order may be granted without notice restraining the defendants and all persons from removing or in any manner interfering with the furniture, fixtures and movable property used in conducting, maintaining or permitting the public nuisance and from further conducting, maintaining or permitting the public nuisance, pending order of the court granting or refusing the preliminary injunction and until further order of the court. Upon granting a temporary restraining order, the court shall direct the holding of a hearing for the preliminary injunction at the earliest possible time but in no event later than three business days from the granting of such order. A decision on the motion for a preliminary injunction shall be rendered by the court within three business days after the conclusion of the hearing.
    B. 
    Service of temporary restraining order. Unless the court orders otherwise, a temporary restraining order and the papers upon which it was based and a notice of hearing for the preliminary injunction shall be personally served in the same manner as a summons as provided in the CPLR.