39-8009. INJUNCTION. Upon failure of the district superintendent, principal, board of trustees, or other person in charge to comply with the requirements stated in any notice or order relating to an imminent safety hazard or serious safety hazard, the administrator may maintain an action in the name of the state of Idaho to enjoin the district superintendent, principal, board of trustees or other person in charge from acting in violation of such notice or order or from doing any action that interferes with the administrator carrying out his statutory duties. Such action shall be brought in the district court in which said acts are claimed to have been committed by filing a verified complaint setting forth said act. The court, if satisfied from such complaint or affidavits that the act complained of has been or is being committed and will persist, may issue a temporary writ without notice or bond enjoining the defendant from the commission of such act pending final disposition of the cause. The cause shall proceed as in other causes for injunction. If, at the trial, the commission of said act by the defendant be established and the court further finds it probable that the defendant will continue in such act or similar acts, the court shall enter a decree enjoining said defendant from committing said or similar acts.
History:
[39-8009, added 2000, ch. 352, sec. 1, p. 1185; am. 2002, ch. 158, sec. 4, p. 463.]
Structure Idaho Code
Chapter 80 - UNIFORM PUBLIC SCHOOL BUILDING SAFETY
Section 39-8001 - SHORT TITLE.
Section 39-8002 - DECLARATION OF PURPOSE.
Section 39-8004 - DEFINITIONS.
Section 39-8006 - COMMITTEE TO DEVELOP IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE — INTERIM CODE.
Section 39-8006A - BEST PRACTICES MAINTENANCE PLAN FOR SCHOOL BUILDINGS.
Section 39-8007 - POWERS AND DUTIES OF THE ADMINISTRATOR.
Section 39-8008 - ADDITIONAL DUTIES OF ADMINISTRATOR — RIGHT OF INSPECTION — POSTING.