48-8 - How nuisance enjoined. - Virginia Statutes

§ 48-8. How nuisance enjoined.

Whenever a nuisance is kept, maintained, or exists as defined in § 48-7 theattorney for the Commonwealth or the Attorney General of the Commonwealth,or, with the exception of a suit brought against a criminal street gang asdefined in § 18.2-46.1, any responsible citizen of the Commonwealth, maymaintain a suit in equity in the name of the Commonwealth, upon the relationof such attorney for the Commonwealth, Attorney General, or citizen, toperpetually enjoin such nuisance, the person or persons conducting ormaintaining the same, and the owner or agent of the building or ground uponwhich such nuisance exists. In such suit the court, or a judge in vacation,shall, upon the presentation of a bill therefor alleging that the nuisancecomplained of exists, and sworn to by two reputable citizens, allow atemporary writ of injunction, without bond, if it shall be made to appear tothe satisfaction of the court or judge by evidence in the form of affidavits,depositions, oral testimony, or otherwise as the complainant may elect, thatthe nuisance complained of exists, unless the court or judge by previousorder shall have directed the form and manner in which the evidence shall bepresented. Three days' notice, in writing, shall be given the defendant ofthe hearing of the application, and if then continued at his instance thewrit as prayed shall be granted as a matter of course. A suit brought toenjoin criminal street gang activity may be brought against the criminalstreet gang as defined in § 18.2-46.1, as an unincorporated association andin the name by which it is commonly known.

(Code 1919, § 1522; 2005, cc. 764, 813.)