§ 14-54-1507 - Order of abatement -- Damages. - Arkansas Statutes

14-54-1507. Order of abatement -- Damages.

(a) If the existence of the nuisance is established in the action, an order of abatement shall be entered as a part of the judgment. The order shall provide for any appropriate equitable relief as determined by the court to be necessary to abate the nuisance and may further provide, if determined to be the least restrictive alternative available to effectively accomplish the abatement, for the closing of the building or place for such period of time as determined to be necessary by the court as adequate to abate the nuisance.

(b) An alternative to closure may be considered only as provided in this section.

(c) 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 seeking to keep the premises open to pay damages to the city 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.

(d) These funds shall be used either to investigate and litigate future nuisance abatement actions or by the city for the purpose of neighborhood safety and enhancement programs.

(e) For purposes of this section, the actual amount of rent being received for the rent 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.

(f) Expert testimony may be used to determine the fair market rental value.

(g) In addition, the court may award damages equal to the plaintiff's costs in the investigation and litigation of the abatement action, not to exceed five thousand dollars ($5,000), against any or all of the defendants based upon the severity of the nuisance and its duration.

(h) The damages may be collected in any manner provided for the collection of any civil judgment.

(i) While the order of abatement remains in effect, the building or place is in the custody of the court.