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Texarkana adopts ordinance allowing suspension or revocation of commercial occupancy permits for nuisance-related incidents
Summary
The board adopted an ordinance empowering the building official to suspend or revoke commercial certificates of occupancy for properties declared nuisances, or that experience multiple verified nuisance incidents or imminent threats; the ordinance includes notice and appeal steps and an emergency clause was attached.
The Board of Directors voted to adopt an ordinance authorizing the suspension or revocation of commercial certificates of occupancy when properties are declared public nuisances, are the site of multiple verified nuisance incidents within a short period, or pose an imminent threat to public health or safety.
City staff said the measure is intended to give the building official authority — on recommendation of the city manager or police chief — to act more quickly in cases where repeated criminal or nuisance activity threatens public safety. The ordinance sets out notice and hearing requirements and an appeal path: an owner may request a hearing with the city manager within 10 business days of written notice and may later appeal to the city board and to circuit court.
Director Harris raised due‑process concerns in debate, asking whether revocation could occur before court intervention; staff pointed to the ordinance’s notice and hearing process and the ability to appeal to the board and then circuit court. "I still say that that need to go before court because that person may present their side," Director Harris said, arguing for court involvement; staff replied the ordinance provides for administrative notice, opportunity to seek a hearing and later judicial review.
The board approved the ordinance on third reading and attached an emergency clause at the same meeting. Staff said the change is a response to repeated nuisance incidents and that the city will continue to follow the ordinance’s written notice, hearing and appeal framework before final revocation in most cases.
