Code of Alabama

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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42A-24.02.htm - 6K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-41.21.htm - 6K - Match Info - Similar pages

9-16-126
Section 9-16-126 Right of entry. (a) If the director makes a finding in writing with supporting
facts that: (1) Land or water resources have been adversely affected by past coal mining practices;
and (2) The adverse effects are at a stage where, in the public interest, action to restore,
reclaim, abate, control, or prevent should be taken; and (3) The owners of the land or water
resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse
effects of past coal mining practices are not known, or readily available; or (4) The owners
will not give permission for the state or its agents, employees, or contractors to enter upon
such property to restore, reclaim, abate, control, or prevent the adverse effects of past
coal mining practices. Then, upon giving notice by mail to the owners if known or if not known
by posting notice upon the premises and advertising once in a newspaper of general circulation
in the municipality in which the land lies, the...
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45-8-172.05
Section 45-8-172.05 Order for abatement of nuisance. After final action has been taken by the
governing body on the overruling of any protests or objections with respect to any described
piece of property, or in case no protests or objections have been received, the city or county
governing body, by motion or resolution, shall order the abatement of the nuisance by having
the nuisance removed. All necessary employees of the city or county are expressly authorized
to enter upon private property for the purpose of abatement. Any property owner may have any
nuisance removed at his or her own expense providing it is done prior to the arrival of the
employees of the city or county to remove it. (Act 95-375, p. 763, §6.)...
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6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be closed
or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
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6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by
a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual
damages and an injunction to restrain, abate, and prevent the continuance or recurrence of
the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief
deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment
or order. (c) The court may retain jurisdiction of the case for the purpose of enforcing its
orders. (d) If a nuisance is found, the court shall have additional power to fashion any one
or more of the following remedies: (1) Assess damages against the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-160.3.htm - 2K - Match Info - Similar pages

11-67-26
Section 11-67-26 Account of cost of abatement or removal of nuisance; report to governing body;
posting of report. Each Class 5 or Class 6 or Class 8 municipality shall keep an account of
the cost of abating or removing the nuisance in front of or on each separate lot or parcel
of land where the work is done by it or its employees, or by a duly authorized private contractor,
company, enterprise, or individual, and shall render an itemized report in writing to the
governing body of the municipality showing the cost of removing the nuisance on each separate
lot, or in front of the lot and before the report is submitted to the governing body, a copy
of the report shall be posted for at least five days prior thereto on or near the chamber
door of the governing body, together with a notice of the time when the report shall be submitted
to the governing body for confirmation. (Acts 1988, No. 88-333, p. 502, §7; Acts 1995, No.
95-252, p. 421, §1.)...
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11-67-7
Section 11-67-7 Account of cost of abatement or removal of nuisance; report to governing body;
posting of report. Each Class 2 municipality shall keep an account of the cost of abating
or removing such nuisance in front of or on each separate lot or parcel of land where the
work is done by it or its employees, or by a duly authorized private contractor, company,
enterprise, or individual, and shall render an itemized report in writing to the governing
body of the municipality showing the cost of removing said nuisance on each separate lot,
or in front thereof, or both; provided, that before said report is submitted to said governing
body, a copy of the same shall be posted for at least five days prior thereto on or near the
chamber door of said governing body, together with a notice of the time when said report shall
be submitted to the governing body for confirmation. (Acts 1988, No. 88-329, p. 496, §7.)...

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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
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