§ 6-5-160.3 — Standards of Proof; Remedies; Enforcement

(a) A plaintiff is required by a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally culpable in aiding and abetting the nuisance.
(b) If the existence of a nuisance is found, the judgment may include actual damages and an injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment or order.
(c) The court may retain jurisdiction of the case for the purpose of enforcing its orders.
(d) If a nuisance is found, the court shall have additional power to fashion any one or more of the following remedies:
(1) Assess damages against the defendant in favor of each plaintiff of not less than three hundred dollars ($300) nor more than ten thousand dollars ($10,000).
(2) Assess costs of the action against the defendant.
(3) Assess reasonable attorney’s fees from the time of the filing of the complaint, payable to a private attorney filing the complaint or to the municipal, county, or state agency by which the prosecuting attorney is employed.
(4) When a government agency is a plaintiff in the action, assess a fine against the defendant of not less than five hundred dollars ($500) nor more than twenty thousand dollars ($20,000), in addition to attorney’s fees. All fines shall be paid into the general fund of the county if the plaintiff is the county governing body or a county government agency.
(5) Suspend or revoke any business, housing, or operational license.

Legislative History

(Act 98-467, p. 893, §4.)