Animal / Tenant Rights

[Carl Millsap]

Good Evening, 

Issue: Tenant was arrested, but we can't remove the animals

Background: We have a tenant who was arrested, her two cats and dog are still in the apartment. We've called animal control and code enforcement who've stated we can't remove the animals despite no one is there to feed or care for them. Animal control claims the tenant called them from jail and stated someone is going by to feed them. If we remove them without an eviction / set-out order from the court it's a violation of her civil rights and a felony charge for anyone who removed them. 

Meanwhile our hallway stinks, and we've stopped showing the apartment above hers because we don't want prospective tenants to experience the current condition. 

We've started the eviction process. 

Anyone face a similar situation / have a suggestion? 

What clause if any do you have in your lease that would prevent this situation (besides a no pet policy)?