Gives justice courts limited equity powers to compel compliance with local zoning, building and fire prevention codes

BILL NUMBER:S6772

Title of bill

An act to amend the uniform justice court act, in relation to authorizing justice courts to grant injunctions and temporary restraining orders in connection with local land use, building and fire regulations

Purpose

To give local justice courts the authority to issue injunctions and temporary restraining orders to enforce local land use, fire and building codes.

Summary of provisions

Amends Section 209 of the uniform justice court act.

Justification

At this time, local justice courts have the authority to enforce local land use, fire and building codes only by imposing a criminal penalty of a fine or imprisonment after a trial. In many cases, these violations present cases where there is imminent threat to life, health or safety that requires immediate judicial action. Current law requires that an action for an injunction or for a TRO must go to the State Supreme Court. State Courts are already overburdened and such matters can competently be handled in the Justice Courts, which already have wide ranging civil and criminal authority. Justice can be dispensed more efficiently and effectively by permitting such cases to be heard in Justice Court and by giving said courts the additional authority to issue injunctions and TROs. In many cases, equitable relief is a far more effective enforcement tool then a fine. It should also be pointed out that other local city and district courts already have this authority.

Legislative history

2012: A.7975.

Fiscal implications

None.

Effective date

This act shall take effect on the first of the month occurring at least 90 days after it shall have become a law.