§ 32-12. Abatement suits.  


Latest version.
  • (a)

    Civil procedure rules apply. Except as provided in this chapter, an action for the abatement of a public nuisance shall be governed by the general rules of civil procedure.

    (b)

    Filing of complaint. A civil action to abate a public nuisance may be brought, by verified complaint in the town's name without cost, by any public officer or private citizen, in the municipal court against any person who shall create, perform or maintain a public nuisance.

    (c)

    Costs. When judgment is against the defendant in an action to abate a public nuisance, he shall be adjudged to pay all court costs and a reasonable fee for the complainant's attorney, when the town attorney did not exclusively prosecute the suit.

(Code 1979, § 17-12; Code 2005, § 93.09; Ord. No. 923, 4-17-1995)