§ 16-105-412 — Order of abatement - Civil penalty - Damages

Arkansas § 16-105-412

• Jurisdiction: Arkansas
• Title: 16

Text

(a) If the existence of the common nuisance is established in the action, an order of abatement shall be entered as a part of the judgment, which order shall direct the removal from the building or place of all fixtures and other movable property used in conducting, maintaining, aiding, or abetting the common nuisance and shall direct their sale in the manner provided for the sale of chattels under execution. (b) The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate said common nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish said abatement, for the effectual closing of the building or place for such period of time as is determined to be necessary by the court as adequate to abate said common nuisance. An alternative to closure may be considered only as provided in this section. (c) (1) If the court finds that any vacancy resulting from closure of the building or place may create a nuisance or that closure is otherwise harmful to the community, in lieu of ordering the building or place closed, the court may order the person who is responsible for the existence of the common nuisance, or the person who knowingly permits controlled substances to be unlawfully sold, served, stored, kept, or given away in or from a building or place he or she owns, to pay damages in an amount equal to the fair market rental value of the building or place for such period of time as determined appropriate by the court to the city or county in whose jurisdiction the common nuisance is located for the purpose of carrying out their drug prevention and education programs. If awarded to a city, eligible programs may include those developed as a result of cooperative programs among schools, community agencies, and the local enforcement agency. If awarded to a county, funds shall be used for those programs that are part of any county program in place or used by the county law enforcement agency. These funds shall not be used to supplant existing city, county, state, or federal resources used for drug prevention and education programs. (2) For purposes of this subsection, the actual amount of rent being received for the rental of the building or place, or the existence of any vacancy therein, may be considered, but shall not be the sole determinant of the fair market rental value. Expert testimony may be used to determine the fair market rental value. (d) In addition, the court may assess a civil penalty not to exceed five thousand dollars ($5,000) against any or all of the defendants, based upon the severity of the common nuisance and its duration.

Legislative History

Acts 1989, No. 556, § 1; 1991, No. 926, § 3; 1991, No. 1187, § 3.