§ 10-1-7 - Decree and order of abatement – Sale of property.
SECTION 10-1-7
§ 10-1-7 Decree and order of abatement– Sale of property. – If the existence of a nuisance shall finally be admitted or established in anyproceeding under this chapter, a decree permanently enjoining the maintenancethereof shall be entered, and, in addition thereto, an order of abatement shallbe entered, directing the sheriff of the county, or his or her deputies, toenter the place where the nuisance exists and to sell and remove, in the mannerprovided for the sale of goods and chattels under execution, all personalproperty used in maintaining the nuisance, unless the owner of the personalproperty shall prove to the satisfaction of the court that he or she had noknowledge and by the exercise of reasonable diligence could not have learned ofthe maintenance of the nuisance before the filing of the complaint, and thecourt may further direct that the place where the nuisance exists shall be keptclosed for all purposes for a period of one year unless otherwise ordered. Theproceeds of any sale under this section shall be applied first to the paymentof all costs incurred in connection with the proceedings brought under thischapter in connection with the nuisance, and secondly to the payment of areasonable counsel fee for the plaintiff, and any balance remaining shall bepaid to the owner of the property so sold.