Brookhaven aldermen approved an ordinance Tuesday night allowing the city to take action against properties where recurring criminal complaints occur.

     Under the ordinance, a property can be declared a chronic nuisance if three criminal incidents occur within a 60-day period. Three violations of city sanitation restrictions, fire codes or similar ordinances could also trigger action by the city.

     The property owner would be required to take action against the recurring problem or face sanctions by the city.

     The ordinance aldermen approved was a slightly altered version of a draft introduced by Ward Six Alderman David Phillips in January. A committee of Phillips, D.W. Maxwell of Ward Five and Terry Bates of Ward Two considered changes to the ordinance.

     The changes are minor. The approved ordinance brings the full board of aldermen into the process earlier. Once the documentation proving three complaints within the 60 days is obtained, the full board must approve a warning to the property owner.

     Also, the ordinance aldermen approved gives property owners 15 days to respond to an initial warning that their property could be declared a chronic nuisance. The first draft of the ordinance gave 10 days.

     “I think we created a better ordinance,” Phillips said. “I think it provides plenty of checks and balances.”

     Phillips said requiring a vote by the full board before an initial warning can be issued will prevent any residents from being targeted by frivolous complaints.

     Maxwell offered an amendment shrinking the time period during which complaints must occur from 60 days to 30 days.

     “I can name at least five landlords that have suggested 30 instead of 60 days,” Maxwell said. “Three times in 30 days is more chronic than 60.”

     Phillips and others said the city does not have to wait 60 days. Once three complaints occur, action can take place immediately.

     Bates and Alderman at Large Karen Sullivan voted for Maxwell’s amendment. Phillips, Ward Four Alderman Shirley Estes and Ward One Alderman Dorsey Cameron voted against it. Ward Three Alderman Mary Wilson was absent.

     Mayor Les Bumgarner broke the tie, supporting 60 days.

     “I think 60 is good,” Bumgarner said. “I’m more concerned about the people.”

     Maxwell also wanted to restrict the scope of the ordinance to only include criminal complaints, rather than violations of property ordinances but made no formal amendment to do so.

     City attorney Joe Fernald offered clarification on that point.

     “This ordinance does not supplant the junk car ordinance,” Fernald said. “You can’t use this ordinance to clean a lot. That’s illegal.”

     Phillips originally introduced the ordinance to deal with recurring criminal complaints at Hayes Trailer Park on Industrial Park Road in Phillips’ ward. The police responded to complaint at the trailer park approximately 80 times in 2011 according to reports provided by Phillips.

     With the ordinance in place, Phillips can now plan to take action against the site.

     “This will be tested quickly,” Phillips said Tuesday night.