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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-156.3.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-126.htm - 2K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8-172.05.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-148.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-67-26.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-67-7.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-3A-2.htm - 7K - Match Info - Similar pages
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