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1705ORDINANCE NO. 1705 (#24 - 2022) AN ORDINANCE PROVIDING FOR THE CREATION OF A NUISANCE ABATEMENT BOARD FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, the General Assembly of the State of Arkansas for 2003 enacted Act No. 1190 to promote, protect, and improve the health, safety, and welfare of the citizens of the municipalities of the State of Arkansas by authorizing the creation of quasi-judicial criminal nuisance abatement boards in cities of the first class with authority to impose remedies, administrative fines, and other noncriminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of abating public nuisance as defined by state law. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Creation of Criminal Nuisance Abatement Board—The .,_ Jacksonville Criminal Nuisance Abatement Board shall be composed of five (5) citizens of the City of Jacksonville who shall be appointed by Jacksonville City Council. The City of Jacksonville shall provide necessary staff for the board. At the first meeting, members of the Jacksonville Criminal Nuisance Abatement Board shall draw lots so that: one (1) member shall serve a three-year term; two (2) members shall serve a four-year term; and two (2) members shall serve a five-year term. SECTION TWO: Filing of Complaint with Board—Any employee, officer, or resident of the City of Jacksonville may bring a sworn complaint before the criminal nuisance abatement board against the owner of a place or premises that may constitute a nuisance. A hearing shall be conducted after the owner of the place or premises has been given ten (10) calendar days' notice of the hearing. The notice shall be provided to the owner of the place or premises according to Rule 4(d) of the Arkansas Rules of Civil Procedure and include a copy of the complaint and a copy of the ordinance creating the board. If notice of the hearing is made by personal service, the notice may be served by a certified law enforcement officer or a certified court process server. All Ordinances, parts of Ordinances, or previous actions taken by said Council in conflict herewith are hereby repealed to the extent of such conflict. ORDINANCE NO. 1705 (#24 - 2022) Page Two SECTION THREE: Hearing and Board Findings—at a hearing, a criminal nuisance abatement board may consider any evidence, including evidence of the general reputation of the place or premises and the owner of the premises shall have an opportunity to present evidence in his or her defense. All witnesses at a hearing shall be sworn, and sworn testimony and the board's findings shall become part of the record. After the hearing, the board may declare the place or premises to be a public nuisance as defined by Arkansas Code Annotated §§5-74-109, 14-54-1502, and 16-105-402. After declaring a place or premises a nuisance, the board shall make a factual determination as to the reasons why the board finds that a public nuisance exists. SECTION FOUR: Order ofAbatement—if the criminal nuisance abatement board declares a place or premises to be a public nuisance, it may enter an order requiring the owner of the place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance. The order may include, but is not limited to, the following: (1) Prohibiting the maintenance of the nuisance; (2) Prohibiting the operation or maintenance of the place or premises, including the closure of the place or premises or any part of the premises for a period no longer than the effective date of the order; (3) Prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to the nuisance; (4) Ordering the eviction of tenants of the place or premises who are responsible for the criminal conduct or who allow or permit another to commit the criminal conduct; (5) Ordering the owner of the place or premises or the owner's agents to perform criminal background checks of tenants before renting the property; or (6) Ordering the owner to bring the place or premises into compliance with state and local safety codes before allowing the reoccupation of the property. The order must include a statement stating the violations of this order may be punishable by a fine of not more than two hundred fifty dollars ($250) for each day that violations of the order continue or that the public nuisance continues to exist. ORDINANCE NO. 1705 (#24 - 2022) Page Three --- SECTION FOUR: Effective Date of an Order—a finding or order shall become effective seven (7) calendar days after the order has been posted on the subject premises and mailed to the owner's last known address by first class mail. The order shall expire after one (1) year after the effective date or at such earlier time as stated in the order. The order may be stayed pending appeal to circuit court pursuant to Arkansas Code Annotated § 14-54-1707. SECTION FIVE: Appeals to Circuit Court—within thirty (30) days after an order or decision has been entered by the criminal nuisance abatement board, any party may appeal to a circuit court for a de novo review on the record. If an appeal is filed, the decision or order of the board shall remain in effect unless stayed by the circuit court. SECTION SIX: Violations of Orders or Continuations ofNuisance if an order that has been entered is violated, the criminal nuisance abatement board on its own or pursuant to a complaint, may hold a hearing on whether the order has been violated or whether or not a public nuisance continues to exist. If the board finds that the public nuisance continues to exist, or that the order has been violated, the board may impose a civil penalty of not more than two hundred fifty dollars ($250) for each day that the order is violated or that the nuisance continues to exists. Before such a hearing may be held, the owner must be given ten (10) calendar days' notice in writing of the hearing according to methods stated in Rule 4(d) of the Arkansas Rules of Civil Procedure. The notice must state that if the board finds that the nuisance continues to exist or that the order has been violated, the board may impose a fine of not more than two hundred fifty dollars ($250) for each day that the order has been violated or that the nuisance has continued to exist. The maximum amount of a civil penalty that may be imposed is ten thousand dollars ($10,000). In addition to a civil penalty, the board may award costs of a successful complainant not to exceed one thousand dollars ($1,000). All civil penalties imposed shall be used by the Jacksonville Police Department for nuisance abatement purposes. Any civil penalty or costs awarded by the board may be appealed to the circuit court within thirty (30) days. Any order imposing costs or civil penalties not appealed to circuit court may be filed with the circuit clerk's office and constitutes a judgment of record and a lien against the nuisance property. SECTION SEVEN: Supplemental Measure the board ofnuisance abatement does not restrict the right of any person or government official from proceeding against a public nuisance by any other means and is supplemental to all other laws and Jacksonville --- Municipal Code. ORDINANCE NO. 1705 (#24 - 2022) Page Four SECTION EIGHT: Immunity—the criminal nuisance abatement board, its individual members, and City of Jacksonville employees assisting the board are immune from suit or action for their activities in discharge of their duties under Arkansas Code Annotated § 14-54-1710. Except for perjury and false swearing, complainants and witnesses are absolutely immune from suit or action for all communications with the board and all statements made within the nuisance abatement process. SECTION NINE: This Ordinance, necessary for the continued efficient delivery of public services and for the benefit, health, safety, and welfare of the citizens of Jacksonville, should be implemented immediately. Therefore, an emergency is hereby declared, and this Ordinance shall be in force and effect from and after its date of passage. APPROVED AND ADOPTED THIS 6TH DAY OF OCTOBER, 2022. CITY OF JACKSONVILLE, ARKANSAS ABOBNSO , MAYOR ATTEST: SUSAN D ITT, CITY CLERK APPROVED AS TO FORM: STEPHANIE FRIEDMAN, CITY ATTORNEY