Action to abate — Permanent injunction — Definition

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  1. (a) As used in this section, “established neighborhood or community organization” means a group, whether or not incorporated, that:

    1. (1) Consists of persons who reside or work at or in a building, complex of buildings, street, block, or neighborhood any part of which is located on or within one thousand feet (1,000') of the premises alleged to be a common nuisance; and

    2. (2) Has the purpose of benefitting the quality of life in its neighborhood or community, including without limitation treatment programs.

  2. (b) The following persons or entities may bring a cause of action under this subchapter to enjoin, abate, and prevent a common nuisance that is being kept, maintained, or that exists to prevent the common nuisance, and to perpetually enjoin the person, entity, owner, lessee, or agent of the place listed under § 16-105-402(b), in or upon which the common nuisance exists, from directly or indirectly maintaining or permitting the common nuisance:

    1. (1) The prosecuting attorney of the county;

    2. (2) The city attorney of any incorporated city;

    3. (3) Any citizen of the state or resident of the county, in his or her own name;

    4. (4) The county attorney;

    5. (5) The Attorney General; or

    6. (6) Any established neighborhood or community organization.


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