Code of Alabama

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11-53A-25
Section 11-53A-25 Fixing costs of demolition; city to obtain lien. Upon demolition of the building
or structure, the appropriate city official shall make a report of the governing body of the
costs thereof, and the governing body shall adopt a resolution fixing the costs which it finds
were reasonably incurred in the demolition and assessing the same against the property. The
proceeds received from the sale of salvaged materials from the building or structure shall
be used or applied against the cost of demolition. Any person, firm, or corporation having
an interest in the property may be heard at the meeting as to any objection he or she may
have to the fixing of the cost or the amounts thereof. The city clerk shall give not less
than five days' notice of the meeting at which the fixing of the costs are to be considered,
by first-class mail to the last known address of the owner. The fixing of the costs by the
governing body shall constitute a special assessment against the lot or...
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40-29-30
Section 40-29-30 Legal effect of certificate of sale of personal property and deed of real
property. (a) Certificate of sale of property other than real property. In all cases of a
sale of property (other than real property) pursuant to Section 40-29-26, the certificate
of such sale: (1) AS EVIDENCE. Shall be prima facie evidence of the right of the officer to
make such sale, and conclusive evidence of the regularity of his proceedings in making the
sale; and (2) AS CONVEYANCES. Shall transfer to the purchaser all right, title, and interest
of the party delinquent in and to the property sold; and (3) AS AUTHORITY FOR TRANSFER OF
CORPORATE STOCK. If such property consists of stocks, shall be notice when received, to any
corporation, company, or association of such transfer, and shall be authority to such corporation,
company, or association to record the transfer on its books and records in the same manner
as if the stocks were transferred or assigned by the party holding the same, in...
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45-10-234.3
Section 45-10-234.3 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) As often as
necessary, the sheriff shall sell at public auction, including an internet auction, to the
highest bidder all abandoned or stolen personal property, other than firearms, which has been
recovered by the sheriff's office and has remained unclaimed by the rightful owner for a six-month
period. (b) Prior to the sale, notice shall be given by publication in a newspaper of general
circulation in Cherokee County once a week for two successive weeks or by posting notice in
a conspicuous place at the Cherokee County Courthouse and by posting on the sheriff's office
website for a period of at least 20 days. The notice shall contain the place, date, and time
of each auction and a general description of items of personal property to be sold at the
auction. If publication of notice is made in the newspaper, the first...
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45-31-233.03
Section 45-31-233.03 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2020 REGULAR
SESSION, EFFECTIVE AUGUST 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) At least
every six months, the sheriff shall sell at public auction to the highest bidder for cash
all abandoned or stolen personal property, other than firearms, which has been recovered by
the sheriff's department and has remained unclaimed by the rightful owner during the preceding
six-month period. (b) Prior to the sale, notice shall be given by publication in a newspaper
of general circulation in Geneva County once a week for two successive weeks or by posting
a notice in a conspicuous place at the Geneva County Courthouse for a period of at least 20
days. The notice shall contain the place, date, and time of each auction and a description
of each item of personal property to be sold at the auction. If publication of notice is made
in the newspaper, the first notice shall run at least 20 days prior to the...
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8-15-33
Section 8-15-33 Lien of owner, etc., of self-service storage facility upon personal property
located at facility. Where a rental agreement, as defined in subdivision (7) of Section 8-15-31,
is entered into between the owner and the occupant, the owner of a self-service storage facility
and his heirs, executors, administrators, successors, and assigns shall have a lien upon all
personal property located at a self-service storage facility for rent, labor, or other charges,
present or future, in relation to the personal property and for expenses necessary for its
preservation or expenses reasonably incurred in its sale or other disposition pursuant to
this article. The lien attaches as of the date the personal property is brought to the self-service
storage facility and continues so long as the owner retains possession and until the default
is corrected, or a sale is conducted, or the property is otherwise disposed of to satisfy
the lien. The lien provided for in this section is superior...
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11-40-64
Section 11-40-64 Nature of rights and remedies. (a) Any Class 2 municipality to which this
article applies may proceed with judicial in rem foreclosures of municipal code liens in accordance
with the provisions of this article by enactment of an ordinance or resolution of the governing
authority of the Class 2 municipality in which the real property is located which ordinance
or resolution shall be sufficient authority for use of this article by the Class 2 municipality
to enforce its municipal code liens. (b) The ordinance of a Class 2 municipality authorizing
and approving the use of this article shall include all the following matters: (1) The initial
effective date for application of these procedures. (2) If the Class 2 municipality elects
not to apply these procedures to all real properties as of the same future date, then the
phase-in of these procedures over a period of time and the manner of determination of which
real properties are subject in which sequence to these...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by
an employee of the contractor, or by any person who has furnished to him material for the
building or improvement, the contractor shall be a necessary party defendant thereto; and
in such action on motion of the plaintiff, the owner or proprietor may be cited to answer
under oath how much was owing by him to the contractor on his contract with such contractor,
at the time of the service on him of the notice required by Section 35-11-218; and such answer
may be controverted, and proceedings had and judgment entered as in garnishment cases. (b)
When the lien is sought to be enforced by any person other than the contractor, it shall be
the duty of the contractor to defend the action at his own expense; and after notice of an
intention to file a statement of the lien, and pending the action, the owner or proprietor
may withhold from the contractor money sufficient to cover the amount claimed, and...
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11-40-62
Section 11-40-62 Definitions. As used in this article, the following words and phrases shall
have the following meanings: (1) INTERESTED PARTY. Includes the following parties: a. The
person who last appears as owner of the real property in the county office of the judge of
probate's property records. b. The current mortgagee of record of the property or assignee
of record of the mortgagee. c. The current holder of a beneficial interest in a deed of trust
recorded against the real property. d. A tax certificate holder. e. A tax sale purchaser that
holds a deed of purchase in accordance with Section 40-10-29. f. Any party having an interest
in the real property, or in any part thereof, legal or equitable, in severalty or as tenant
in common, whose identity and addresses are reasonably ascertainable from the records of the
Class 2 municipality or records maintained in the county office of the judge of probate or
as revealed by a full title search, consisting of 50 years or more. g. An...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
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11-70-2
Section 11-70-2 Initiation and notice of action. (a) Class 2 municipalities may initiate an
expedited quiet title and foreclosure action under this chapter against a parcel of tax sale
property located within its municipal limits and purchased by the municipality. The municipality
shall record, in the office of the judge of probate in the county in which the property is
located, a notice of its intention to file an expedited quiet title and foreclosure action.
The notice shall include a legal description of the property, street address of the property
if available, a statement that the property is subject to expedited quiet title and foreclosure
proceedings under this chapter, and a statement that those proceedings may extinguish any
legal interests in the property. As used herein, interested parties shall mean the owner,
his or her heirs or personal representatives, any mortgagee or purchaser of the subject property
or any part thereof, and any party with an interest in the property,...
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