§ 459.854 — Injunctive relief

Nevada § 459.854

• Jurisdiction: Nevada
• Title 40: PUBLIC HEALTH AND SAFETY
• Ch. 459: Hazardous

Text

1. The Director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of NRS 459.800 to 459.856 , inclusive, or any regulation adopted or permit or order issued pursuant to those sections.
2. If the Director shows that a person is or has engaged in any act or practice which violates a provision of NRS 459.800 to 459.856 , inclusive, or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond, any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if:
(a) The Director gives notice to the defendant in person, of the Director’s intention to seek such an order, or mails such notice to the defendant’s last known address by registered or certified mail. The notice must be given at least 10 days before the commencement of the hearing.
(b) Before and during that 10-day period, the Director affords the defendant an opportunity to correct each violation which is the subject of the hearing and the defendant fails to correct the violation or violations before the commencement of the hearing.
3. The court may require a performance bond or other security by the respondent to ensure the respondent’s compliance with the order.

Legislative History

(Added to NRS by 1989, 774 )