Order of Abatement Generally; Breaking and Entering or Using Closed Building, Structure, or Place; Fees for Removal, Sale, or Closure of Property

  1. Law
  2. Georgia Code
  3. Nuisances
  4. Places Used for Unlawful Sexual and Drug Activities
  5. Order of Abatement Generally; Breaking and Entering or Using Closed Building, Structure, or Place; Fees for Removal, Sale, or Closure of Property

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  1. If the existence of a nuisance shall be established in an action as provided in this chapter, 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, structure, or place of all fixtures, furniture, and chattels used in conducting the nuisance and shall direct the sale thereof in the manner provided for the sale of chattels under execution; provided, however, that if it shall appear to the judge that the furniture and chattels are owned by others than the occupants of the building, structure, or place, he may order the effectual closing of the building, structure, or place against its use for any purpose for a period of one year, unless sooner released.
  2. If any person shall break and enter or use a building, structure, or place directed to be closed, as provided in subsection (a) of this Code section, he shall be punished as for contempt.
  3. For removing and selling the movable property, the sheriff or other duly qualified levying officer of the court shall be entitled to 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 them closed, a reasonable sum shall be allowed by the court.

(Ga. L. 1917, p. 177, § 5; Code 1933, § 72-309.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur. 2d, Injunctions, §§ 314-318. 58 Am. Jur. 2d, Nuisances, §§ 324, 325, 327, 368, 374, 376, 422, 428.

C.J.S.

- 43A C.J.S., Injunctions, § 285 et seq. 66 C.J.S., Nuisances, §§ 93, 284 et seq., 347 et seq., 359 et seq., 406 et seq..


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