§ 2329 — Houses of prostitution; injunction; order of abatement; sale and removal of property; fees

New York § 2329

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2: Houses of Prostitution: Injunction and Abatement
• Art. 23: Control of Sexually Transmitted Diseases

Text

§ 2329. Houses of prostitution; injunction; order of abatement; sale\nand removal of property; fees. 1. If the existence of the nuisance be\nadmitted or established in an action as provided in this article, or in\na criminal proceeding in any court, an order of abatement shall be\nentered as a part of the judgment in the case, which order shall direct\nthe removal from the building or place of all fixtures, furniture,\nmusical instruments, or movable property used in conducting the nuisance\nand shall direct the sale of such in the manner provided for the sale of\nchattels under execution, and shall direct the effectual closing of the\nbuilding, erection or place against its use for any purpose, and so\nkeeping it closed for a period of one year, unless sooner released as\nhereinafter provided. Such closing, however, shall not be deemed, in\nany manner or form, to be an assumption of the supervision and care of\nthe building, erection or place by any officer authorized to act\npursuant to this section, if provision is made in the order of abatement\nthat the owner or lessor of the building, erection or place shall be\npermitted access to supervise and maintain the building, erection or\nplace. In cities having a population of one million or more, the order\nof abatement which shall be entered pursuant to this section may, in\naddition to or in lieu of the provisions set forth in this subdivision,\ndirect the commissioner of the department of buildings of such city, or\nsuch other competent city official as may be appropriate, to issue an\norder to vacate for the purpose of assisting in the effectual closing of\nthe building pursuant to this section. The issuance of such order to\nvacate and the closing of the building, erection or place in accordance\ntherewith shall not be deemed, in any manner or form, an assumption of\nthe supervision and care of the building, erection or place by any city\nauthorized to act pursuant to this subdivision, if provision is made in\nthe order of abatement that the owner or lessor of the building,\nerection or place shall be permitted access to supervise and maintain\nthe building, erection or place.\n 2. For removing and selling the movable property, the officer shall be\nentitled to a charge and receive the same fees as he would for levying\nupon and selling like property, on execution and for closing the\npremises and keeping it closed a reasonable sum shall be allowed by the\ncourt.\n