11-67-63
Section 11-67-63 Hearing. If objections are filed, at the time stated in the notice, the governing
body of the municipality shall hear and consider all evidence, objections, and protests regarding
the proposed removal of weeds. The governing body of the municipality may continue the hearing
from time to time. Upon the conclusion of the hearing, the governing body of the municipality,
by resolution, shall decide whether a public nuisance exists and, if so, shall order it to
be removed or abated with respect to any property or part thereof described. The governing
body, by passage of the resolution, shall be deemed to have acquired jurisdiction to proceed
and either to perform or have performed the work of removal or abatement with respect to the
property or part thereof. The decision of the governing body on the matter shall be deemed
final and conclusive. (Act 2000-774, p. 1771, §4.)...
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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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11-53B-2
Section 11-53B-2 Demolition or repair upon finding of necessity and notice given. Upon a finding
of necessity by the governing body of any incorporated municipality in the state, after giving
notice as provided herein the municipality may demolish or repair a building or structure
or parts of buildings and structures, party walls, and foundations which are found by the
governing body of the municipality to be unsafe to the extent of being a public nuisance from
any cause. The cost of any action taken by the municipality shall be assessed against the
property as provided in this chapter. (Act 2002-522, p. 1355, §2.)...
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11-47-170
Section 11-47-170 Acquisition of lands, easements, etc., by municipality; limitations on condemnation.
(a) Except as otherwise provided in subsection (b), whenever in the judgment of the council,
commission, or other governing body of a city or town it may be necessary or expedient for
the carrying out and full exercise of any power granted by the applicable provisions of this
title or any other applicable provision of law, the town or city shall have full power and
authority to acquire by purchase the necessary lands or rights, easements, or interests therein,
thereunder, or thereover or, for the purposes for which private property may be acquired by
condemnation, may proceed to condemn the same in the manner provided by this article, or by
the general laws of this state governing the taking of lands or the acquiring of interests
therein for the uses for which private property may be taken, and such proceedings shall be
governed in every respect by the general laws of this state...
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11-67-66
Section 11-67-66 Confirmation of report; weed liens. At the time fixed for receiving and considering
the report, the governing body shall hear the report, together with any objections which may
be raised by any of the property owners liable to be assessed for the work of abating the
nuisance and thereupon make modifications in the report as deemed necessary, after which by
motion or resolution the report shall be confirmed. The amounts of the cost for abating the
nuisance in front of or upon the various parcels of land mentioned in the report shall hereinafter
be referred to as "weed liens," and shall constitute a weed lien on the property
for the amount of the weed liens, respectively. After confirmation of the reports, a copy
shall be given to the tax collector or revenue commissioner of the county who, under the "Optional
Method of Taxation," is charged with the collection of the municipal taxes pursuant to
Article 1, Division 2, Chapter 51, of Title 11. It shall be the duty of the...
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11-80-1
Section 11-80-1 Condemnation of lands for public building sites, roads, streets, construction
materials, etc. (a) Counties and municipal corporations may condemn lands for public building
sites or additions thereto, or for enlargements of sites already owned, or for public roads
or streets or alleys, or for material for the construction of public roads or streets or for
any other public use. (b) Notwithstanding any other provision of law, a municipality or county
may not condemn property for the purposes of private retail, office, commercial, industrial,
or residential development; primarily for enhancement of tax revenue; for transfer to a person,
nongovernmental entity, public-private partnership, corporation, or other business entity;
or for the primary purpose of acquiring a mortgage or deed of trust. Provided, however, the
provisions of this subsection shall not apply to the use of eminent domain by any municipality,
housing authority, or other public entity based upon a finding...
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11-86-5
Section 11-86-5 Appropriations; designation, acquisition, improvement, etc., of lands or buildings
for recreational purposes; joint actions by counties and municipalities. The county commission
of a county or governing body of a municipality may make appropriations from county or municipal
general funds to the recreation board for the support and maintenance of the board, a recreational
program and recreational lands, buildings, equipment, and facilities. The county commission
or municipal governing body may designate for use as parks, playgrounds and recreation centers
and facilities any lands or buildings owned by, leased by, or loaned to the county or municipality.
The county commission or municipal governing body may improve and equip or appropriate funds
to the board for improving and equipping the lands and buildings for recreational purposes.
The county commission or municipal governing body may acquire lands, buildings, and facilities
for recreational purposes by means of...
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45-37A-350
Section 45-37A-350 Civil action by municipality regarding condition of real property. In the
City of Mountain Brook in Jefferson County, whenever by reason of the dilapidated, deteriorated,
unsafe, or unhealthful condition of real property or any improvements situated thereupon,
the municipality files a civil action in any court of the state to compel the owner or occupant
of real property to bring the property or improvements into compliance with any statute, ordinance,
or regulation establishing, governing, or regulating public health, sanitation, safety, welfare,
or minimum standards of human habitability, or to abate or eliminate a public nuisance created
by the conditions, the city, if it prevails in the civil action, may recover as a part of
its costs in the action its actual and reasonable attorney's fees and litigation expenses
incurred in connection therewith upon a showing by the city that the city afforded the defendant
a reasonable opportunity to voluntarily correct or cure...
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45-8-172.02
Section 45-8-172.02 Resolution declaring public nuisance. Whenever any officer or employee
of the city or the county having that responsibility reports to the city or county governing
body the existence of any condition enumerated in Section 45-8-172.01, the city governing
body or the county commission may, by resolution, if the proof is satisfactory, declare the
condition to be a public nuisance. The resolution shall refer to the street or road by the
name under which it is commonly known, and describe the property upon which or in front of
which the nuisance exists by giving a legal description thereof. No other description of the
property shall be required. Any number of streets, roads, sidewalks, or parcels of private
property may be included in the same resolution. (Act 95-375, p. 763, §3.)...
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