Code of Alabama

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11-67-61
Section 11-67-61 Weeds may be declared public nuisance; resolution to abate. Whenever any weeds
are growing upon any street, sidewalk, or private property, the governing body of any incorporated
municipality may, by resolution, declare the weeds to be a public nuisance and order its abatement.
The resolution shall refer to the street by the name under which it is commonly known or describe
the property upon which or in front of which the nuisance exists by giving a legal description
of the property and no other description of the property shall be required. Any number of
streets, sidewalks, or parcels of private property may be included in one resolution. This
article shall not apply to any property that has been zoned agricultural property. (Act 2000-774,
p. 1771, §2.)...
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11-67-68
Section 11-67-68 Alternate abatement procedures; costs. (a) In the case of any property on
which overgrown grass or weeds have been previously abated or on which abatement has been
attempted through the process of posting notice on the property to be abated pursuant to Article
2 or this article, a municipality may adopt procedures different from the procedures provided
in Article 2 or this article to abate overgrown grasses and weeds for subsequent abatement.
(b) After the abatement of any overgrown grass or weeds pursuant to the procedures provided
in the ordinance adopted pursuant to this section, the reasonable costs of abatement shall
be assessed and collected as a weed lien in the same manner as provided in Section 11-67-66.
The municipality may assess the reasonable costs authorized against any lot or lots or parcel
or parcels of land purchased by the State of Alabama or any purchaser at any sale for the
nonpayment of taxes, and where an assessment is made against a lot or lots...
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6-5-121
Section 6-5-121 Distinction between public and private nuisances; right of action generally.
Nuisances are either public or private. A public nuisance is one which damages all persons
who come within the sphere of its operation, though it may vary in its effects on individuals.
A private nuisance is one limited in its injurious effects to one or a few individuals. Generally,
a public nuisance gives no right of action to any individual, but must be abated by a process
instituted in the name of the state. A private nuisance gives a right of action to the person
injured. (Code 1907, §5196; Code 1923, §9274; Code 1940, T. 7, §1084.)...
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6-5-160.1
Section 6-5-160.1 Cause of action for public nuisance. It is hereby declared that the use of
any premise to distribute obscene material to minors in violation of Division 5 (commencing
with Section 13A-12-200.1), Article 4, Chapter 12, Title 13A is a public nuisance and the
Attorney General, district attorney, or, when authorized by the local governing body, the
attorney for the county or municipality may file an action in the circuit courts of this state
to abate, enjoin, and prevent the nuisance. A county, by resolution, or a municipality, by
ordinance, may authorize the filing of an action in the circuit court within their jurisdiction
to abate, enjoin, and prevent the nuisance. The actions shall be commenced by the filing of
a complaint alleging the facts constituting the nuisance in circuit court of the county in
which the nuisance is situated. (Act 98-467, p. 893, §2.)...
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11-67-24
Section 11-67-24 Hearing procedure; decision of council; jurisdiction to remove weeds; finality
of decision. If objections are filed, at the time stated in said notice, the City Council
of _____ shall hear and consider all evidence, objections, and protest regarding the proposed
removal of weeds. The council may continue the hearing from time to time. Upon the conclusion
of said hearing, the council, 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 said 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 such property or part thereof. The decision of the governing body on the matter
shall be deemed final and conclusive. (Acts 1988, No. 88-333, p. 502, §5.)...
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11-67-5
Section 11-67-5 Hearing procedure; decision of council; jurisdiction to remove weeds; finality
of decision. If objections are filed, at the time stated in said notice, the council of the
City of Mobile shall hear and consider all evidence, objections, and protest regarding the
proposed removal of weeds. The council may continue the hearing from time to time. Upon the
conclusion of said hearing, the council, 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 said 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 such property or part thereof. The decision of the
governing body on the matter shall be deemed final and conclusive. (Acts 1988, No. 88-329,
p. 496, §5.)...
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11-99-1
Section 11-99-1 Legislative findings and declarations. (a) Act 2013-51 shall be known and may
be cited as the Major 21st Century Manufacturing Zone Act. (b)(1) It is hereby found and declared
that there exist in municipalities and counties of the state blighted or economically distressed
areas which constitute a serious and growing problem, injurious to the public health, safety,
morals, and welfare of the residents of the state; that the existence of such areas contributes
substantially and increasingly to the spread of disease and crime, constitutes an economic
and social liability imposing onerous burdens which decrease the tax base and reduce tax revenues,
substantially impairs or arrests sound growth, retards the provision of housing accommodations,
aggravates traffic problems, and substantially hampers the elimination of traffic hazards
and the improvement of traffic facilities; and that the prevention and elimination of slums
and blighted areas and economically distressed areas...
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45-20-172.04
Section 45-20-172.04 Hearing. Within the time specified in the notice, but not more than 14
days from the date the notice is given, any person, firm, or corporation, may file a written
request for a hearing before the governing body of the city, together with objections to the
finding by the city governing body that the weeds constitute a public nuisance. The filing
of the request shall hold in abeyance any action on the finding of the city governing body
until a determination thereon is made by the city governing body. The hearing shall be held
not less than five nor more than 30 days after the request. In the event that no hearing is
timely requested, the mayor of the city governing body shall order the weeds to be abated
as hereinafter provided. (Act 94-540, p. 991, Art. II, §4.)...
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45-3-171.08
Section 45-3-171.08 Hearings on weeds. Within the time specified in the notice, but not more
than 14 days from the date the notice is given, any person, firm, or corporation, may file
a written request for a hearing before the governing body of the city, together with objections
to the finding by the city governing body that the weeds constitute a public nuisance. The
filing of the request shall hold in abeyance any action on the finding of the city governing
body until a determination thereon is made by the city governing body. The hearing shall be
held not less than five nor more than 30 days after the request. In the event that no hearing
is timely requested, the mayor of the city governing body shall order the weeds to be abated
as hereinafter provided. (Act 97-886, 1st Sp. Sess., p. 242, Art. II, §4; Act 97-929, p.
382, Art. II, §4.)...
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45-8-172.03
Section 45-8-172.03 Notice to remove public nuisance. After the passage of the resolution,
the city governing body or the county commission shall conspicuously post in front of the
property on which or in front of which the nuisance exists, at not more than one hundred feet
in distance apart, at least two notices headed "Notice to Remove Public Nuisance."
The heading to be in words not less than one inch in height and substantially in the following
form: NOTICE TO REMOVE PUBLIC NUISANCE Notice is hereby given that on the ___ day of ___,
19___, the (city) or (county) governing body passed a resolution declaring that a public nuisance
exists upon or in front of the property on ___ (street) (road) in the city or county, more
particularly described in the resolution. The public nuisance must be abated by its removal
by the city or county authorities, and the cost of the removal shall be assessed upon the
lots and lands from which or in front of which the public nuisance is...
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