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11-67-122
Section 11-67-122 Notice. (a) Whenever, in the opinion of the city official or any other city
employee designated by the mayor, a nuisance exists, the official shall order the owner of
the property on which the nuisance is located to abate the condition. (b) The enforcing official
shall give the owner written notice in person or by certified letter with signature of receipt
required. The notice shall require the owner to abate the condition within the time stated
in the notice or to request a hearing before an administrative official of the city designated
by the mayor or council to determine whether there is a nuisance. The notice shall apprise
the owner of the facts of the alleged nuisance and shall name the particular date, time, and
place for the hearing if requested by the owner. (c) The notice shall be sent to that person
shown by the records of the county to have been the last person assessed for payment of ad
valorem tax on the property where the nuisance is situated. It shall...
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16-27A-7
Section 16-27A-7 Contesting a notice of violation; adjudication. (a) No person shall be responsible
for payment of a civil fine for a notice of violation issued under this chapter if the operator
of the vehicle that is the subject of the notice of violation is adjudicated to have not committed
a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
Any person receiving a notice of violation pursuant to this chapter, in accordance with the
procedure set out in this chapter and on the notice of violation, may contest the notice of
violation by obtaining a hearing in the court. (b) District and municipal courts of this state
are vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant
to this chapter as a civil offense whenever the offense is alleged to have occurred within
the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings
to contest a notice of violation issued...
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22-30A-5
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director;
development and implementation of cleanup plan; public comment period; orders; notice and
hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order or civil
action; penalties. (a) The director shall identify inactive or abandoned hazardous substance
sites, as defined herein, within the State of Alabama. Once identified the director shall
refer to the most current national priorities list ("NPL") of the United States
Environmental Protection Agency under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, ("CERCLA") 42 U.S.C. ยง9601 et seq. Any Alabama site
identified by the director that also appears on the NPL shall not be subject to this chapter,
except for the matching funds provision of Section 22-30A-3(c). (b) For all sites so identified
by the director, not appearing on the NPL, the director shall attempt to identify all...
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45-17A-81
Section 45-17A-81 Abatement of weeds. (a) All weeds growing upon streets or sidewalks or upon
private property within the city limits of Tuscumbia which bear seeds of a wingy or downy
nature or attain such large growth as to become a fire menace when dry, or which are otherwise
noxious or dangerous, and any accumulation of trash, rubbish, junk, or debris, or any unsightly
or dangerous walls, or any abandoned construction of any kind or nature, or motor vehicles
not in usable condition, or any debris of a burned building, or any abandoned or unused swimming
pool, or any abandoned wells or cisterns, may be declared to be a public nuisance by the city
governing body, and thereafter abated as provided in this section. (b) Whenever any officer
or employee of the City of Tuscumbia charged with the responsibility shall report to the city
governing body the existence of any condition enumerated in subsection (a), the city governing
body may, by resolution, if the proof be satisfactory, declare...
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25-2-13
Section 25-2-13 Board of appeals - Powers and duties generally; appeals from findings as to
dangerous condition, etc., of machines, etc. (a) The functions and duties of the board of
appeals shall be as follows: (1) To hear and determine appeals under Chapter 4 of this title.
(2) To hold public hearings on proposed safety rules and regulations and amendments and repeals
thereof, and to promulgate and publish such rules and regulations and amendments and repeals
as provided in this chapter. (3) To hear and determine appeals from the finding of any officers
or employees of the Department of Labor that any machine, tool, equipment or structure is
in a dangerous condition or is not properly guarded or is dangerously placed, when the discontinuance
of the use thereof has been ordered. (b) When such appeal is taken by a person affected by
such order, no appeal shall be taken from such determination of the board of appeals, except
on questions of law or on the ground that the determination is...
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45-21A-10.04
Section 45-21A-10.04 Jurisdiction of Brantley Municipal Court; hearings; liability; evidence
and procedure; defenses. (a) The Brantley Municipal Court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this article and to issue orders
imposing the civil fines and costs set out in this article. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication of the civil violation, in writing, within 15 days of the 10th day after
the date the notice of violation is mailed. Upon receipt of a timely request, the city shall
notify the person of the date and time of the adjudicative hearing by U.S. mail. (c) Failure
to pay a civil penalty or to contest liability in a timely manner is an admission of liability
in the full amount of the civil fine assessed in the notice of violation. (d) The civil fine
shall not be assessed if, after a hearing, the Brantley...
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45-37A-331.05
Section 45-37A-331.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (a) The municipal court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this part, and to issue orders
imposing the civil fines and costs set out in this part. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication of the civil violation, in writing, within 15 days of the 10th day after
the date the notice of violation is mailed. Upon receipt of a timely request, the city shall
notify the person of the date and time of the adjudicative hearing by United States mail,
return receipt requested. (c) Failure to pay a civil penalty or to contest liability in a
timely manner is an admission of liability in the full amount of the civil fine assessed in
the notice of violation. (d) The civil fine shall not be assessed if,...
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45-37A-331.35
Section 45-37A-331.35 Jurisdiction of Midfield Municipal Court; hearings; liability; evidence
and procedure; defenses. (a) The Midfield Municipal Court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this subpart and to issue orders
imposing the civil fines and costs set out in this subpart. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication of the civil violation, in writing, within 15 days of the 10th day after
the date the notice of violation is mailed. Upon receipt of a timely request, the city shall
notify the person of the date and time of the adjudicative hearing by United States mail.
(c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission
of liability in the full amount of the civil fine assessed in the notice of violation. (d)
The civil fine shall not be assessed if, after a hearing, the...
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45-41A-41.05
Section 45-41A-41.05 Power and jurisdiction of municipal court; contesting liability; fines
and costs; affirmative defenses. (a) The Opelika Municipal Court is vested with the power
and jurisdiction to hear and adjudicate the civil violations provided for in this part, and
to issue orders imposing the civil fines and costs set out in this part. (b) A person who
receives a violation may contest the imposition of the civil fine by submitting a request
for a hearing on the adjudication of the civil violation, in writing, within 15 days of the
10th day after the date the notice of violation is mailed. Upon receipt of a timely request,
the city shall notify the person of the date and time of the adjudicative hearing. (c) Failure
to pay a civil penalty or to contest liability in a timely manner is an admission of liability
in the full amount of the civil fine assessed in the notice of violation. (d) The civil fine
and court costs shall not be assessed if, after a hearing, the Opelika...
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45-42A-24.03
Section 45-42A-24.03 Abatement of nuisance by municipal employees and agents; liability for
expenses. (a) If the owner fails, neglects, or refuses to abate the nuisance, or the nuisance
is not otherwise abated, (1) within the time permitted to do so as stated in the enforcing
official's notice, where such notice was not suspended by the request for a hearing before
the administrative official; or (2) within the time permitted to do so as stated in the administrative
official's written determination, then the city may enter upon the property and abate the
nuisance using its own forces, or it may provide by contract for the abatement. However, if
an appeal has been taken to the circuit court as provided in subsection (h) of Section 45-42A-24.02,
then the city may not abate the nuisance until the determination or judgment authorizing abatement
becomes final as provided by law. (b) Upon completion of the abatement work performed by the
city, including work by contractors employed by the...
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