12-997. Closing orders; enforcement; notice; moving assistance; violation; classification

A. In any judicial proceeding brought under sections 12-991 and 12-992, the court, on its own motion or on the motion of any party, may issue an order to close all or part of the premises involved if the court finds both of the following:

1. A nuisance exists.

2. The public health, safety or welfare immediately requires the closing.

B. A closing order shall both:

1. Direct the actions that are necessary to physically secure the premises or part of the premises that is closed against use for any purpose.

2. Restrain the defendant and any other person from removing or in any manner interfering with the furniture, fixtures and movable or personal property on or within the premises that constitute the nuisance, except as otherwise provided in this section.

C. On order of the court, the local law enforcement agency shall enforce a closing order. The law enforcement officer who serves a temporary closing order shall allow the owner of any personal property twenty-four hours to remove the property.

D. On service of the closing order and unless otherwise ordered by the court, the law enforcement officer who serves the order shall demand all persons who are present on the premises to be closed to immediately vacate the premises or part of the premises affected by the order. The agency closing the premises shall securely lock the premises or part of the premises to be closed and shall hold all of the keys to the premises.

E. If the premises that constitute a nuisance include multiple residences or dwellings, the court shall limit the closing order to that portion of the entire premises that is necessary to abate the nuisance and to prevent the recurrence of the nuisance.

F. On service of a closing order, the law enforcement officer shall post both of the following in a conspicuous place or on one or more of the principal doors at entrances to the premises:

1. A copy of the order.

2. A written notice that states that the entire premises or part of the premises has been closed by court order. The notice shall contain the heading " closed by court order" in block lettering of sufficient size to be observed by any person who intends or is likely to enter the premises. The notice shall also include the date of the order, the court that issued the order and the name of the office or agency that posted the notice.

G. In addition to any other relief authorized by this article, the court may order a defendant who knew or had reason to know of the nuisance and who failed to take reasonable and legally available actions to abate the nuisance to provide refunds of any deposits and reasonable moving assistance to any tenant who is ordered to vacate the premises if the court determines that the tenant was not involved in any event constituting the nuisance and did not knowingly aid in the commission of any such event. The court shall determine the amount of moving expenses.

H. If the court orders refunds of any deposits and moving assistance pursuant to subsection G of this section and the defendant fails to comply with the order, a lien for the amount of court ordered moving expenses may be filed against the defendant with the county recorder of the county in which the property is located. The lien is prior and superior to all other liens, obligations or encumbrances except for liens under section 12-991 or 12-996, prior recorded mortgages, restitution liens, child support liens and general tax liens.

I. If after a hearing the court on its own motion or the motion of any party finds that any of the criteria for issuing the closing order no longer exists, the court shall terminate the closing order.

J. A person who without lawful authority removes or mutilates an order or notice posted pursuant to this section is guilty of a class 1 misdemeanor.