Hearing and board findings

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  1. (a) At a hearing:

    1. (1) A criminal nuisance abatement board may consider any evidence, including evidence of the general reputation of the place or premises; and

    2. (2) The owner of the premises shall have an opportunity to present evidence in his or her defense.

  2. (b) All witnesses at a hearing shall be sworn.

  3. (c)

    1. (1) After the hearing, the board may declare the place or premises to be:

      1. (A) A public nuisance as defined by §§ 5-74-109, 14-54-1502, and 16-105-402; or

      2. (B) Used for prostitution as defined by § 5-70-102.

    2. (2) After declaring a place or premises a nuisance, the board shall make a factual determination as to the reasons why the board finds that a public nuisance exists.

  4. (d) The sworn testimony and the board's findings shall become a part of the record.


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