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conflict herewith are hereby repealed to the extent of such conflict.
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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.
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--- 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.
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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