§ 14-54-1708 — Violations of orders or continuations of nuisance

(a) 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. (b) 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 exist. (c) 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. (d) 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. (e) The maximum amount of a civil penalty that may be imposed is ten thousand dollars ($10,000). (f) In addition to a civil penalty, the board may award costs of a successful complainant not to exceed one thousand dollars ($1,000). (g) All civil penalties imposed shall be used by the local police department for nuisance abatement purposes. (h) Any civil penalty or costs awarded by the board may be appealed to the circuit court within thirty (30) days. (i) 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.

Legislative History

Acts 2003, No. 1190, § 8.