(a) Order of abatement. If the existence of the nuisance is 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 or place of all furniture, fixtures and contents therein and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of 1 year, unless sooner released as in this chapter provided.
(b) Vehicles, sale. Any vehicle, boat, or aircraft found by the court to be a nuisance within the meaning of this chapter, is subject to the same order and judgment as any furniture, fixtures and contents as herein provided.
(c) Sale of personalty, costs, liens, balance to State Treasurer. Upon the sale of any furniture, fixtures, contents, vehicle, boat or aircraft as provided in this section, the officer executing the order of the court shall, after deducting the expenses of keeping such property and costs of such sale, pay all liens according to their priorities which may be established by intervention or otherwise at the hearing or in other proceedings brought for the purpose as being bona fide and as having been created without the lienor having any notice that such property was being used or was to be used for the maintenance of a nuisance as herein defined, and shall pay the balance to the Treasurer to be credited to the Toledo Police Law Enforcement Trust Fund Account 90-5200-8990-T32302-STD-STD of the City of Toledo which has as its purpose to pay the expenses associated with the investigation and prosecution of nuisance offenses as they are defined in § 533.19
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(d) Use of closed building; contempt. If any person uses a building or place so directed to be closed, with knowledge that such building or place has been ordered closed shall be guilty of a misdemeanor of the fourth degree.
(e) Family hardship. A family or household member of the person who is the owner of property used to maintain a nuisance may file a motion with the court having jurisdiction over the action to abate a nuisance claiming that the order of abatement and sale of the property will create an undue hardship on the family or household member. If the court determines by a preponderance of the evidence that an undue hardship would be caused to a family or household member filing said motion, no order of abatement shall issue. The court shall then order the property released to the movant after all costs of the seizure and storage of the property have been paid by the movant; except that no motion shall be granted where the movant has previously filed a motion pursuant to this subsection in this or any other nuisance case or where the person using the property to create a nuisance was a family or household member of any person filing a motion pursuant to this subsection in any previous case or has previously been convicted of soliciting.
As used in this section, "family or household member" shall have the same meaning as it is defined in § 537.19
(Ord. 580-97. Passed 9-16-97; Ord. 273-22. Passed 5-24-22.)