TITLE 45
Towns and cities
CHAPTER 45-24.4
Special Development Districts
SECTION 45-24.4-17
§ 45-24.4-17 Judicial aid in enforcement
of plan.
(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.)
