§ 16-105-209 — Order of abatement

(a) If, upon the trial of a cause pursuant to this subchapter, the existence of the public nuisance is established, an order of abatement shall be entered as part of the judgment or decree of the circuit court. (b) (1) The order shall direct the removal from the building or place wherein the public nuisance exists or is maintained of all means, appliances, fixtures, appurtenances, materials, supplies, and instrumentalities used for the purpose of conducting, maintaining, or carrying on the unlawful business or occupation constituting the public nuisance and shall direct the sale thereof, or such portion thereof as may be lawfully sold, upon terms as the circuit court may order, and the payment of the proceeds into the circuit court to be applied to costs or paid over to the owner, and destruction of the portion thereof, if any, as cannot be lawfully sold within this state. (2) The judgment or decree shall perpetually enjoin the defendants from engaging in, conducting, continuing, or maintaining the public nuisance, directly or indirectly, by themselves or their agents or representatives, and perpetually forbid the owner of the building from permitting or suffering the same to be done or carried on in the building or place.

Legislative History

Acts 1915, No. 109, § 6; C. & M. Dig., § 6201; Pope's Dig., § 10923; A.S.A. 1947, § 34-106.