Title 31, Chapter 5, Section 9
( 31-5-9)
(a) The Department of Human Resources and all county boards of
health are empowered to institute appropriate proceedings for
injunction in the courts of competent jurisdiction in this state for
the purpose of enjoining a violation of any provision of this title
as now existing or as may be hereafter amended or of any regulation
or order duly issued by the department or any county board of
health, provided that this Code section shall not apply to
violations of the provisions of Chapter 20 of this title. The
department and the county boards of health are also empowered to
maintain action for injunction to abate any public nuisance which is
injurious to the public health, safety, or comfort. Such actions may
be maintained notwithstanding the fact that such violation also
constitutes a crime and notwithstanding that other adequate remedies
at law exist. Such actions may be instituted in the name of the
department or any county board, as the case may be, in the county in
which a violation of any provision of this title occurs. For
purposes of this Code section, the county boards of health are
declared to be legal entities capable of maintaining actions in
their respective names without naming the individuals constituting
such board, or acting on behalf of the department, as the case may
be. (b) Notwithstanding the provisions of Code Section 5-6-13, an appeal or a notice of intent to appeal an adjudication of contempt of court of a party subject to an interlocutory or final judgment in a court action for an injunction instituted under authority of this Code section for a violation of a licensing requirement of this title shall not operate as a supersedeas unless it is so ordered by the court; provided, however, that the court may grant a supersedeas in such a case after making a finding that the health, safety, or welfare of the recipients of the services will not be substantially harmed by the issuance of the stay. (c) Unless otherwise ordered by the court pursuant to subsection (b)
of this Code section, an interlocutory or final judgment in an
action granting an injunction under this Code section may be
enforced by attachment for contempt. |