Judicial aid in enforcement of plan.

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(a) The supreme court and the superior court, within their jurisdictions, upon due proceedings in the name of the city instituted by its city solicitor, have power to issue any extraordinary writs or to proceed according to the course of equity or both:

(1) To restrain the erection, alteration, or use of any building, structure, or other thing erected, altered, or used in violation of the provisions of any plan adopted under the authority of this chapter, and to order its removal or abatement as a nuisance;

(2) To compel compliance with the provisions of any plan adopted under the authority of this chapter;

(3) To order the removal by the owner of any building, structure, or other thing existing in violation of any plan adopted under the provisions of this chapter, and to authorize some official of the city in default of the removal by the owner to remove it at the expense of the owner.

(b) When, under the provisions of any judgment, order, or decree, in any proceeding, any work is done or materials furnished by an official of the town or city or by the order of the official, at the expense of the owner, in removing a building, structure, or other thing unlawfully existing, the value of the work and material may be recovered in a civil action brought in the superior court against the owner, and if any work or materials have been done or furnished by or at the cost of the town or city, the official shall cause the action to be brought in the name of the city or town.

History of Section.
P.L. 1981, ch. 332, § 1.


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