US Lawyer Database

§ 14-54-1710. Immunity

(a) The criminal nuisance abatement board, its individual members, and city employees assisting the board are immune from suit or action for their activities in discharge of their duties under this subchapter to the full extent of judicial immunity. (b) Except for perjury and false swearing, complainants and witnesses are absolutely immune from suit or […]

§ 14-54-1702. Creation of criminal nuisance abatement board

(a) Any city of the first class or city of the second class by ordinance may create a quasi-judicial board to hear complaints regarding places or premises used as public or common nuisance as defined by §§ 5-74-109, 14-54-1502, and 16-105-402 or that are used for prostitution as defined by § 5-70-102. (b) A criminal […]

§ 14-54-1703. Filing of complaint with board

(a) (1) Any employee, officer, or resident of the city may bring a sworn complaint before the criminal nuisance abatement board against the owner of a place or premises that may constitute a nuisance. (2) A hearing shall be conducted after the owner of the place or premises has been given ten (10) calendar days’ […]

§ 14-54-1704. Hearing and board findings

(a) At a hearing: (1) A criminal nuisance abatement board may consider any evidence, including evidence of the general reputation of the place or premises; and (2) The owner of the premises shall have an opportunity to present evidence in his or her defense. (b) All witnesses at a hearing shall be sworn. (c) (1) […]

§ 14-54-1705. Order of abatement

(a) 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. (b) The order may include, but is not limited […]

§ 14-54-1706. Effective date of an order

(a) A finding or order entered pursuant to this subchapter 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. (b) The order shall expire after one (1) year after the effective date or at such […]

§ 14-54-1707. Appeals to circuit court

(a) Within thirty (30) days after an order or decision has been entered by the criminal nuisance abatement board according to the provisions in this subchapter, any party may appeal to a circuit court for a de novo review on the record. (b) If an appeal is filed, the decision or order of the board […]

§ 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 […]

§ 14-54-1709. Supplemental measure

(a) This subchapter does not restrict the right of any person or government official from proceeding against a public nuisance by any other means. (b) This subchapter is supplemental to all other laws and any other powers of a city of the first class or city of the second class.

§ 14-54-1510. Criminal violations — Penalties

A violation of or disobedience of the injunction or order for abatement is punishable as contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than one (1) month nor more than six (6) […]