11-67-23
Section 11-67-23 Notice to owner of public hearing; contents; publication in newspaper; posting
of signs and form thereof. After the passage of the resolution, notice of a public hearing
on the matter shall be given by certified mail, return receipt requested, mailed 30 days prior
to the date of the hearing and shall inform the owner of the time, date, and place of the
hearing and the reason for the hearing. The notice shall be mailed to the owner of the property
as the information appears on record in the office of the tax assessor. All notices shall
carry a list of names of persons or private contractors, or both, who perform the work and
are registered with the city clerk. The names shall not constitute a recommendation and the
failure to include a list shall in no way affect the operation of this article. Notice shall
also be given by publication in a newspaper normally read by all segments of the population
published in the county once a week for two consecutive weeks, or if no...
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11-67-4
Section 11-67-4 Notice to owner of public hearing; contents; publication in newspaper; posting
of signs and form thereof. After the passage of said resolution, notice of a public hearing
on the matter shall be given by certified mail, return receipt requested, mailed 30 days prior
to the date of said hearing and shall inform the owner of the time, date, and place of said
hearing and reason therefor. Said notice shall be mailed to the owner of said property as
same appears of record in the tax assessor's office for Mobile County. All notices shall carry
a list of names of persons and/or private contractors who perform such work and are registered
with the city clerk. Such names shall not constitute a recommendation and the failure to include
such a list shall in no wise affect the operation of this article. Notice shall also be given
by publication in a newspaper normally read by all segments of the population published in
Mobile County once a week for two consecutive weeks, or if no...
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45-37A-251.51
Section 45-37A-251.51 Notice of unsafe or dangerous condition. Whenever the appropriate city
official of the city shall find that any building, structure, part of building or structure,
party wall, foundation, abandoned or unused swimming pools, or abandoned wells or cisterns
situated in the city is unsafe to the extent that it is a public nuisance, the official shall
report the findings to the city governing body. At that time the city governing body shall
determine whether a nuisance exists. Should the city governing body find by resolution that
a nuisance exists, then the appropriate city official shall give the person or persons, firm,
association, or corporation last assessing the property for state taxes, by certified or registered
mail to the address on file in the office of tax collector, notice to remedy the unsafe condition
within a reasonable time set out in the notice, which time shall not be less than 30 days
unless an extension is granted by the appropriate city official...
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45-42A-24.02
Section 45-42A-24.02 Notice ordering abatement; hearing; appeal. (a) For purposes of this part,
the enforcing official shall mean either the mayor or such other city official or employee
as the mayor from time to time may designate. Whenever, in the opinion of the enforcing official,
a public nuisance exists as described in Section 45-42A-24.01, the enforcing official may
serve written notice upon the owner of the property on which the nuisance is located ordering
the abatement of the nuisance. (b) The notice shall require the owner to complete abatement
of the nuisance within 14 days from the date of the notice, provided that the enforcing official
may allow for additional time when it is reasonably required due to the difficulty of the
abatement or other unusual factors tending to necessitate additional time, but in no case
more than 28 days from the date of the notice. (c) The written notice shall require the owner
to abate the condition within the time stated in the notice or to...
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45-45A-41.21
Section 45-45A-41.21 Notice; hearing; appeal. (a) For purposes of this subpart, the enforcing
official shall mean either the mayor or such other city official or employee as the mayor
from time to time may designate. Whenever, in the opinion of the enforcing official, a public
nuisance exists as described in Section 45-45A-41.20, the enforcing official may serve written
notice upon the owner of the property on which the nuisance is located ordering the abatement
of the nuisance. (b) The notice shall require the owner to complete abatement of the nuisance
within 14 days from the date of the notice, provided that the enforcing official may allow
for additional time when it is reasonably required due to the difficulty of the abatement
or other unusual factors tending to necessitate additional time, but in no case more than
28 days from the date of the notice. (c) The written notice shall require the owner to abate
the condition within the time stated in the notice or to request a hearing...
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11-67-61
Section 11-67-61 Weeds may be declared public nuisance; resolution to abate. Whenever any weeds
are growing upon any street, sidewalk, or private property, the governing body of any incorporated
municipality may, by resolution, declare the weeds to be a public nuisance and order its abatement.
The resolution shall refer to the street by the name under which it is commonly known or describe
the property upon which or in front of which the nuisance exists by giving a legal description
of the property and no other description of the property shall be required. Any number of
streets, sidewalks, or parcels of private property may be included in one resolution. This
article shall not apply to any property that has been zoned agricultural property. (Act 2000-774,
p. 1771, §2.)...
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11-67-68
Section 11-67-68 Alternate abatement procedures; costs. (a) In the case of any property on
which overgrown grass or weeds have been previously abated or on which abatement has been
attempted through the process of posting notice on the property to be abated pursuant to Article
2 or this article, a municipality may adopt procedures different from the procedures provided
in Article 2 or this article to abate overgrown grasses and weeds for subsequent abatement.
(b) After the abatement of any overgrown grass or weeds pursuant to the procedures provided
in the ordinance adopted pursuant to this section, the reasonable costs of abatement shall
be assessed and collected as a weed lien in the same manner as provided in Section 11-67-66.
The municipality may assess the reasonable costs authorized against any lot or lots or parcel
or parcels of land purchased by the State of Alabama or any purchaser at any sale for the
nonpayment of taxes, and where an assessment is made against a lot or lots...
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6-5-121
Section 6-5-121 Distinction between public and private nuisances; right of action generally.
Nuisances are either public or private. A public nuisance is one which damages all persons
who come within the sphere of its operation, though it may vary in its effects on individuals.
A private nuisance is one limited in its injurious effects to one or a few individuals. Generally,
a public nuisance gives no right of action to any individual, but must be abated by a process
instituted in the name of the state. A private nuisance gives a right of action to the person
injured. (Code 1907, §5196; Code 1923, §9274; Code 1940, T. 7, §1084.)...
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6-5-160.1
Section 6-5-160.1 Cause of action for public nuisance. It is hereby declared that the use of
any premise to distribute obscene material to minors in violation of Division 5 (commencing
with Section 13A-12-200.1), Article 4, Chapter 12, Title 13A is a public nuisance and the
Attorney General, district attorney, or, when authorized by the local governing body, the
attorney for the county or municipality may file an action in the circuit courts of this state
to abate, enjoin, and prevent the nuisance. A county, by resolution, or a municipality, by
ordinance, may authorize the filing of an action in the circuit court within their jurisdiction
to abate, enjoin, and prevent the nuisance. The actions shall be commenced by the filing of
a complaint alleging the facts constituting the nuisance in circuit court of the county in
which the nuisance is situated. (Act 98-467, p. 893, §2.)...
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45-20-172.04
Section 45-20-172.04 Hearing. Within the time specified in the notice, but not more than 14
days from the date the notice is given, any person, firm, or corporation, may file a written
request for a hearing before the governing body of the city, together with objections to the
finding by the city governing body that the weeds constitute a public nuisance. The filing
of the request shall hold in abeyance any action on the finding of the city governing body
until a determination thereon is made by the city governing body. The hearing shall be held
not less than five nor more than 30 days after the request. In the event that no hearing is
timely requested, the mayor of the city governing body shall order the weeds to be abated
as hereinafter provided. (Act 94-540, p. 991, Art. II, §4.)...
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