§ 257-13. Vacating of temporary closing and restraining orders; 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 nuisance within the scope of this article has been abated. An order vacating a temporary closing order or a temporary restraining order shall include a provision authorizing departments of the City to inspect the building, structure 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 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 $500 or by imprisonment not exceeding six months, or by both. The Police Department shall, upon the request of the department involved or upon the direction of the City Manager, 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, structure or place where the 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 that a judgment of permanent injunction is obtained, its actual costs, expenses and disbursements in investigating, bringing and maintaining the action.