§ 623-10. Vacating of orders.

A. 

A temporary closing order or a temporary restraining order shall be vacated, upon notice to the Department, if the defendant or respondent shows by affidavit or such other proof as may be submitted that the public nuisance within the scope of this chapter which existed because prohibited conduct was being conducted, maintained or permitted has been abated. An order vacating a temporary closing order shall include a provision authorizing agencies of the County to inspect the building, residence, premises 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 public nuisance has been resumed. It shall be the obligation of the defendant or respondent applying to the court for an order vacating a temporary closing order or a temporary restraining order to prove by affidavit or such other proof deemed appropriate by the court that the intended occupants of the building have been advised of and consent to a provision authorizing an agency of the County to inspect without notice as provided herein. 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, as an unclassified misdemeanor with a fine of not more than $500 or by imprisonment not exceeding six months, or by both.

B. 

A temporary closing order or a temporary restraining order may be vacated by the court, upon notice to the Department, when the defendant or respondent gives an undertaking and the court is satisfied that the public health, safety or general 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, residence, premises or place where the public nuisance is being conducted, maintained or permitted or in such other amount as may be fixed by the court.