(740 ILCS 105/5) (from Ch. 100 1/2, par. 5)
Sec. 5.
If the existence of the nuisance is established, the court shall
enter a judgment perpetually restraining all persons from maintaining or
permitting such nuisance, and from using the building or apartment, or the
place in which it is maintained for any purpose for a period of one
year thereafter, unless such judgment is sooner vacated, as
provided in this Act, and perpetually restraining the defendant from maintaining any
such nuisance within the jurisdiction of the court. While the judgment
remains in effect, such building or apartment, or such place shall be in
the custody of the court. An order of abatement shall also be entered as a part
of such judgment, which order shall direct the sheriff of the county to
remove from such building or apartment, or such place all fixtures and
movable property used in conducting or aiding or abetting such nuisance,
and to sell the same in the manner provided by law for the sale of chattels
in the enforcement of a judgment, and to close such
building or apartment or such place
against its use for any purpose, and to keep it closed for a period of one
year unless sooner released as hereinafter provided. The sheriff's fees for
removing and selling the movable property shall be taxed as a part of the
costs, and shall be the same as those for levying upon and selling like
property in the enforcement of a judgment. For
closing the building and keeping it closed
the court shall allow a reasonable fee to be taxed as part of the costs.
No injunction may
be entered against an owner, nor may an
order be entered requiring that any building or apartment, or any place be
closed or kept closed, if it appears that such owner and his agent have in
good faith endeavored to prevent such nuisance. Nothing in this Act authorizes
any relief respecting any other apartment than
that in which such a nuisance exists.
(Source: P.A. 84-546.)
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