Section 7-712. Temporary closing order; temporary restraining order; defendant's remedies  


Latest version.
  • (a) A  temporary  closing  order  or  a  temporary  restraining  order  shall  be  vacated,  upon  notice to the corporation
      counsel, if the defendant shows by affidavit and such other proof as may
      be  submitted  that  the  public  nuisance  within  the  scope  of  this
      subchapter  has been abated. An order vacating a temporary closing order
      or a temporary restraining order shall include a  provision  authorizing
      agencies of the city to inspect the building, erection or place which is
      the  subject of an action pursuant to this chapter, periodically without
      notice,  during  the  pendency  of  the  action  for  the   purpose   of
      ascertaining  whether  or  not  the  public  nuisance  has been resumed.
      Intentional disobedience of or resistance to an inspection provision  of
      an  order  vacating a temporary closing order or a temporary restraining
      order, in addition to any other punishment prescribed by law,  shall  be
      punishable,  on  conviction,  by  a  fine  of not more than five hundred
      dollars or by imprisonment not exceeding six months,  or  by  both.  The
      police department shall, upon the request of the agency involved or upon
      the  direction  of the mayor, assist in the enforcement of an inspection
      provision of an order vacating a temporary closing  order  or  temporary
      restraining order.
        (b)  A temporary closing order or a temporary restraining order may be
      vacated by the court, upon notice to the corporation counsel,  when  the
      defendant  gives  an  undertaking  and  the  court is satisfied that the
      public health, safety or welfare will be protected adequately during the
      pendency of the action. The undertaking shall be in an amount  equal  to
      the  assessed  valuation  of  the  building, erection or place where the
      public nuisance is being conducted, maintained or permitted or  in  such
      other  amount  as  may be fixed by the court. The defendant shall pay to
      the city, in the event a judgment of permanent injunction  is  obtained,
      its  actual costs, expenses and disbursements in investigating, bringing
      and maintaining the action.