N.Y. Public Health Law § 2329: Houses of prostitution; injunction; order of abatement; sale and removal of property; fees

§ 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.