Section 2329. Houses of prostitution; injunction; order of abatement; sale and removal of property; fees  


Latest version.
  • 1. If the existence of the  nuisance  be
      admitted  or established in an action as provided in this article, or in
      a criminal proceeding in any court,  an  order  of  abatement  shall  be
      entered  as a part of the judgment in the case, which order shall direct
      the removal from the building  or  place  of  all  fixtures,  furniture,
      musical instruments, or movable property used in conducting the nuisance
      and shall direct the sale of such in the manner provided for the sale of
      chattels  under execution, and shall direct the effectual closing of the
      building, erection or place against its use  for  any  purpose,  and  so
      keeping  it  closed  for a period of one year, unless sooner released as
      hereinafter provided.  Such closing, however, shall not  be  deemed,  in
      any  manner  or form, to be an assumption of the supervision and care of
      the building, erection  or  place  by  any  officer  authorized  to  act
      pursuant to this section, if provision is made in the order of abatement
      that  the  owner  or  lessor of the building, erection or place shall be
      permitted access to supervise and maintain  the  building,  erection  or
      place.  In  cities having a population of one million or more, the order
      of abatement which shall be entered pursuant to  this  section  may,  in
      addition  to or in lieu of the provisions set forth in this subdivision,
      direct the commissioner of the department of buildings of such city,  or
      such  other  competent  city official as may be appropriate, to issue an
      order to vacate for the purpose of assisting in the effectual closing of
      the building pursuant to this section. The issuance  of  such  order  to
      vacate  and the closing of the building, erection or place in accordance
      therewith shall not be deemed, in any manner or form, an  assumption  of
      the  supervision and care of the building, erection or place by any city
      authorized to act pursuant to this subdivision, if provision is made  in
      the  order  of  abatement  that  the  owner  or  lessor of the building,
      erection or place shall be permitted access to  supervise  and  maintain
      the building, erection or place.
        2. For removing and selling the movable property, the officer shall be
      entitled  to  a charge and receive the same fees as he would for levying
      upon and selling  like  property,  on  execution  and  for  closing  the
      premises  and keeping it closed a reasonable sum shall be allowed by the
      court.