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45-45-174
Section 45-45-174 Noise control. (a) In Madison County, the Madison County Commission may enact
a noise ordinance for the areas outside of the corporate limits of any municipality and may
provide that a violation of the ordinance constitutes a public nuisance subject to a civil
fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in
the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation
of the ordinance. The ordinance may provide that the person charged with a violation may pay
a civil fine or request, within 30 days of receipt of the citation, a due process hearing
before the Madison County Commission or a hearing officer designated by the Madison County
Commission on the validity of the citation. An order of the Madison County Commission finding
a violation and an assessment of a civil fine shall be final within 30 days thereof unless
appealed to the Circuit Court in Madison County based on the...
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40-9B-5
Section 40-9B-5 Granting of abatement. (a) Subject to the geographical or jurisdictional or
other limitations specified in subsections (b), (c), and (d), the governing body of a municipality,
a county, or a public industrial authority may grant abatements of all of the taxes allowed
to be abated under Section 40-9B-4 with respect to private use industrial property. (b)(1)
The abatements authorized to be granted pursuant to subsection (a) for construction related
transaction taxes and for ad valorem taxes for a period not to exceed 10 years may be granted:
a. By the governing body of a municipality, except as otherwise provided herein, with respect
to private use industrial property located within the limits of the municipality or within
the police jurisdiction of the municipality; provided, however, if a municipality has a corresponding
municipal tax, the municipal governing body may only grant an abatement of a county tax if
the municipality has also abated the corresponding municipal...
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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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24-3-1
Section 24-3-1 Legislative findings and declaration of necessity; municipalities to afford
opportunities for redevelopment, etc., by private enterprise. (a) It is hereby found and declared:
(1) That there exist in communities of the state slum, blighted, and deteriorated areas which
constitute a serious and growing menace, injurious to the public health, safety, morals, and
welfare of the residents of the state, and the findings and declarations heretofore made in
Section 24-2-1 with respect to blighted areas are hereby affirmed and restated; (2) That certain
slum, blighted, or deteriorated areas, or portions thereof, may require acquisition and clearance,
since the prevailing condition of decay may make impracticable the reclamation of the area
by conservation or rehabilitation, but other areas, or portions thereof, may, through the
means provided in this chapter, be susceptible of conservation or rehabilitation in such a
manner that the conditions and evils hereinbefore enumerated...
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45-36-171
Section 45-36-171 Abatement of nuisances related to commercial swine farming operations. (a)
This section shall apply only in Jackson County, Alabama. (b) The following terms shall have
the following meanings: (1) COUNTY. Jackson County. (2) COUNTY COMMISSION. The Jackson County
Commission. (3) SWINE FARM or SWINE FARMING. Commercial concentrated animal feeding operations
for swine. For purposes of this section, the term concentrated animal feeding operation for
swine means an animal feeding operation defined in Title 40, Part 122, Appendix B of the Code
of Federal Regulations, relating to the National Pollutant Discharge Elimination System (NPDES),
or as otherwise designated by the Federal Environmental Protection Agency, and as defined
and regulated by the Alabama Department of Environmental Management pursuant to Chapter 335-6-7
of the Alabama Administrative Code. (c)(1) Upon a written complaint and request from any person
residing in the county, the county commission, after a...
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11-67-122
in the property. (d) The notice shall also be posted in a conspicuous place on the property.
(e) The notice shall require the owner to complete abatement of the nuisance within 14 days
from the date of notice, provided the enforcing official may stipulate additional time, but
in no case more than 28 days. (f) A hearing before the administrative official shall be requested
within five days of the date of the notice by the enforcing official. The enforcing official
shall notify the owner by personal service or by certified mail of the determination
of the administrative official. If the administrative official determines that a nuisance
exists, the owner shall comply with the initial order to abate issued by the enforcing official,
with modifications as may be made by the administrative official. (g) Any person aggrieved
by the decision of the administrative official at the hearing may, within 10 days from receipt
of the determination by the administrative official, appeal to the...
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11-40-32
Section 11-40-32 Hearing; appeal. (a) Within the time specified in the notice, but not more
than 30 days from the date the notice is given, any person, firm, or corporation having an
interest in the building or structure may file a written request for a hearing before the
governing body of the municipality, together with his or her objections to the finding by
the municipal official that the building or structure is unsafe to the extent of becoming
a public nuisance. The filing of the request shall hold in abeyance any action on the finding
of the municipal official until determination thereon is made by the governing body. Upon
holding the hearing, which hearing shall be held not less than five nor more than 30 days
after the request, or in the event no hearing is timely requested, the governing body, after
the expiration of 30 days from the date the notice is given, shall determine whether or not
the building or structure is unsafe to the extent that it is a public nuisance. If it is...
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2-6B-5
Section 2-6B-5 Effect of nuisance actions. No municipality, county, or other unit of local
government in the state, whether by ordinance, resolution, or otherwise, may declare or treat
any farm or farm operation that meets the requirements of Section 2-6B-3 as a public or private
nuisance, and any attempt to take such an action shall have no force and effect beyond the
provisions of then applicable state and federal law, rule, or regulation. (Act 2010-397, p.
649, §5.)...
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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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4-4-3
Section 4-4-3 Use of parks for airports, etc. Each such municipality shall have power and authority
to establish, construct, equip, improve, maintain, operate and regulate airports or landing
fields in and upon any public parks or other property now or hereafter owned by such municipality,
whether acquired by condemnation or otherwise, and the use of parks for such purpose or purposes
is hereby declared a proper park use. (Acts 1931, No. 136, p. 197; Code 1940, T. 4, §23.)...
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