US Laws, Codes, Statutes & Cases

 
    §   7-712   Temporary  closing  order;  temporary  restraining  order;
  defendant's remedies. (a) A  temporary  closing  order  or  a  temporary
  restraining  order  shall  be  vacated,  upon  notice to the corporation
  counsel, if the defendant shows by affidavit and such other proof as may
  be  submitted  that  the  public  nuisance  within  the  scope  of  this
  subchapter  has been abated. An order vacating a temporary closing order
  or a temporary restraining order shall include a  provision  authorizing
  agencies of the city to inspect the building, erection or place which is
  the  subject of an action pursuant to this chapter, periodically without
  notice,  during  the  pendency  of  the  action  for  the   purpose   of
  ascertaining  whether  or  not  the  public  nuisance  has been resumed.
  Intentional disobedience of or resistance to an inspection provision  of
  an  order  vacating a temporary closing order or a temporary restraining
  order, in addition to any other punishment prescribed by law,  shall  be
  punishable,  on  conviction,  by  a  fine  of not more than five hundred
  dollars or by imprisonment not exceeding six months,  or  by  both.  The
  police department shall, upon the request of the agency involved or upon
  the  direction  of the mayor, assist in the enforcement of an inspection
  provision of an order vacating a temporary closing  order  or  temporary
  restraining order.
    (b)  A temporary closing order or a temporary restraining order may be
  vacated by the court, upon notice to the corporation counsel,  when  the
  defendant  gives  an  undertaking  and  the  court is satisfied that the
  public health, safety or welfare will be protected adequately during the
  pendency of the action. The undertaking shall be in an amount  equal  to
  the  assessed  valuation  of  the  building, erection or place where the
  public nuisance is being conducted, maintained or permitted or  in  such
  other  amount  as  may be fixed by the court. The defendant shall pay to
  the city, in the event a judgment of permanent injunction  is  obtained,
  its  actual costs, expenses and disbursements in investigating, bringing
  and maintaining the action.