N.Y. Pub. Health Law § 2329

Current through 2024 NY Law Chapter 456

Section 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.