Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2329
Houses of prostitution; injunction; order of abatement; sale and removal of property; fees
Public Health (PBH) CHAPTER 45, ARTICLE 23, TITLE 2
§ 2329. Houses of prostitution; injunction; order of abatement; sale
and removal of property; fees. 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.