16 Pa. Stat. § 5192

Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 5192 - Action to abate nuisance or enjoin unlicensed plants

At the instance of the county commissioners, an action to enjoin any nuisance defined in section 2190 , or to enjoin any person or municipality from constructing, keeping, maintaining or conducting a garbage disposal plant without a license, as provided for herein, may be brought in the name of the county by the district attorney of the county where such nuisance exists, or where such person or municipality proposes to, or has constructed or proposes to, or is keeping, maintaining or conducting a garbage disposal plant without a license. Such action shall be brought and tried as an action in equity, and may be brought in the court of common pleas of the county where such nuisance exists, or where such person or municipality proposes to, or has constructed or proposes to, or is keeping, maintaining or conducting such garbage disposal plant without a license. If it is made to appear by affidavit or otherwise to the satisfaction of the court that such a nuisance exists, or that such person or municipality proposes to, or had constructed or proposes to, or is keeping, maintaining or conducting a garbage disposal plant without a license, a temporary writ of injunction shall forthwith issue restraining the defendant from conducting or permitting the continuance of such nuisance, or from constructing or keeping, maintaining or conducting such garbage disposal plant, until the conclusion of the proceedings. No bond shall be required in instituting such proceedings. If, after hearing, the court shall find such nuisance to exist, or that such person or municipality proposes to, or has constructed or proposes to, or is keeping, maintaining or conducting a garbage disposal plant without a license, it shall forthwith enter a final decree ordering such nuisance to be abated, or enjoining such person or municipality from constructing, or from keeping, maintaining or conducting such garbage disposal plant without a license. This section, insofar as it applies to the practice and procedure in actions in equity, is suspended insofar as it relates to venue by the Rules of Civil Procedure governing the Action in Equity.

16 P.S. § 5192

1953, July 28, P.L. 723, art. XXI, § 2192.