Whenever a nuisance is kept, maintained, or exists as defined in § 48-7 the attorney for the Commonwealth or the Attorney General of the Commonwealth, or, with the exception of a suit brought against a criminal street gang as defined in § 18.2-46.1, any responsible citizen of the Commonwealth, may maintain a suit in equity in the name of the Commonwealth, upon the relation of such attorney for the Commonwealth, Attorney General, or citizen, to perpetually enjoin such nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which such nuisance exists. In such suit the court, or a judge in vacation, shall, upon the presentation of a bill therefor alleging that the nuisance complained of exists, and sworn to by two reputable citizens, allow a temporary writ of injunction, without bond, if it shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony, or otherwise as the complainant may elect, that the nuisance complained of exists, unless the court or judge by previous order shall have directed the form and manner in which the evidence shall be presented. Three days' notice, in writing, shall be given the defendant of the hearing of the application, and if then continued at his instance the writ as prayed shall be granted as a matter of course. A suit brought to enjoin criminal street gang activity may be brought against the criminal street gang as defined in § 18.2-46.1, as an unincorporated association and in the name by which it is commonly known.
Code 1919, § 1522; 2005, cc. 764, 813.
Structure Code of Virginia
Chapter 2 - Houses of Prostitution, Etc.
§ 48-7. Houses and contents are nuisances subject to abatement
§ 48-9. When case to be tried; dismissal; substitution of complainant; costs
§ 48-11. Punishment for contempt
§ 48-12. Order of abatement of nuisance; sale of furniture, etc.; closing of building
§ 48-13. Disposition of proceeds of sale
§ 48-14. When property to be delivered to owner on giving bond
§ 48-15. Immunity to witnesses
§ 48-16. Closure of nuisance involving illegal drug transactions
§ 48-17. Enjoining nuisances involving illegal drug transactions
§ 48-17.1. Temporary injunctions against alcoholic beverage sales