§ 16-105-209 - Order of abatement.

16-105-209. Order of abatement.

(a) If, upon the trial of a cause pursuant to this subchapter, the existence of the nuisance is established, an order of abatement shall be entered as part of the judgment or decree of the court.

(b) (1) The order shall direct the removal from the building or place wherein the 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 nuisance and shall direct the sale thereof, or such portion thereof as may be lawfully sold, upon terms as the court may order, and the payment of the proceeds into 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 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.