§ 16-105-412 - Order of abatement -- Civil penalty -- Damages.
               	 		
16-105-412.    Order of abatement -- Civil penalty -- Damages.
    (a)  If  the existence of the nuisance is established in the action, an order of  abatement shall be entered as a part of the judgment, which order shall  direct the removal from the building or place of all fixtures and other  movable property used in conducting, maintaining, aiding, or abetting  the nuisance and shall direct their sale in the manner provided for the  sale of chattels under execution.
(b)  The  order shall provide for any appropriate equitable relief as determined  by the court to be necessary to abate said nuisance and may further  provide, if determined to be the least restrictive alternative available  to effectively accomplish said abatement, for the effectual closing of  the building or place for such period of time as is determined to be  necessary by the court as adequate to abate said nuisance. An  alternative to closure may be considered only as provided in this  section.
(c)    (1)  If the  court finds that any vacancy resulting from closure of the building or  place may create a nuisance or that closure is otherwise harmful to the  community, in lieu of ordering the building or place closed, the court  may order the person who is responsible for the existence of the  nuisance, or the person who knowingly permits controlled substances to  be unlawfully sold, served, stored, kept, or given away in or from a  building or place he or she owns, to pay damages in an amount equal to  the fair market rental value of the building or place for such period of  time as determined appropriate by the court to the city or county in  whose jurisdiction the nuisance is located for the purpose of carrying  out their drug prevention and education programs. If awarded to a city,  eligible programs may include those developed as a result of cooperative  programs among schools, community agencies, and the local enforcement  agency. If awarded to a county, funds shall be used for those programs  that are part of any county program in place or used by the county law  enforcement agency. These funds shall not be used to supplant existing  city, county, state, or federal resources used for drug prevention and  education programs.
      (2)  For  purposes of this subsection, the actual amount of rent being received  for the rental of the building or place, or the existence of any vacancy  therein, may be considered, but shall not be the sole determinant of  the fair market rental value. Expert testimony may be used to determine  the fair market rental value.
(d)  In  addition, the court may assess a civil penalty not to exceed five  thousand dollars ($5,000) against any or all of the defendants, based  upon the severity of the nuisance and its duration.