45-41-170.04
Section 45-41-170.04 Enforcement. (a) This section shall be enforced by the Lee County Commission or its designee. (b) The Lee County Commission may commence a civil action in the name of the Lee County Commission in the Circuit Court of Lee County, Alabama, to abate or enjoin any action or condition which constitutes a public nuisance under this section. In any action brought under this section, the Circuit Court of Lee County, Alabama, is authorized to assess all costs of abating the public nuisance against the person or entity creating or maintaining the public nuisance, including, but not limited to, attorney's fees, court costs, and all other expenses of litigation, and including all costs of and expenses for abating, remedying, or cleaning up the source or cause of the public nuisance. (Act 99-411, p. 733, §5.)...
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45-10-170.44
Section 45-10-170.44 Violations. (a) Any violation of this subpart shall constitute a public nuisance subject to a civil fine of fifty dollars ($50) per day not to exceed three thousand dollars ($3,000) to be assessed by the county commission. Any person assessed a fine pursuant to this section may pay the fine to the county commission or request, within 30 days of receipt of the citation, a due process hearing before the county commission or a hearing officer appointed by the county commission on the validity of the citation. An order of the county commission or its hearing officer finding a violation and an assessment of a civil fine shall be final within 30 days thereof unless appealed to the Circuit Court of Cherokee County based upon the record of the due process hearing. Any fine due and owing shall be considered a debt owed to the county commission and shall be enforceable by civil action in the same manner as any other debt. The person or entity owing the fine shall be liable...
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45-42-170.04
Section 45-42-170.04 Enforcement. (a) This subpart shall be enforced by the Limestone County Commission. (b) The Limestone County Commission may commence a civil action in the name of the Limestone County Commission in the Circuit Court of Limestone County, Alabama, to abate or enjoin any public nuisances declared by this subpart. In any action pursuant to this subsection, the Circuit Court of Limestone County, Alabama, is authorized to assess all costs of abating the public nuisance declared by this subpart, including attorney's fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance. (Act 94-671, p. 1287, § 5.)...
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45-43-170.04
Section 45-43-170.04 Solid waste disposal - Fees; public nuisances. (a) The Lowndes County Commission shall by resolution provide for the orderly collection of fees charged under this article. The county commission may establish a periodic payment system and is authorized to purchase necessary supplies and materials and employ personnel necessary to effectuate any such periodic payment system. Such periodic payment system may be effected by the county by negotiating with any one or more public or private utilities providing service in the county for the periodic billing of such fees and the collection thereof on behalf of the county by one or more such utilities. Any delinquencies in any such payments shall entitle the county to pursue any remedy provided in this article including the enforcement of any lien obtained hereunder. The county may agree to pay reasonable compensation to any such utility for its services in connection with the collection and payment to the county of all such...
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45-45-173.04
Section 45-45-173.04 Enforcement. (a) This part shall be enforced by the Madison County Commission. (b) The Madison County Commission may commence a civil action in the name of the Madison County Commission in the Circuit Court of Madison County, Alabama, to abate or enjoin any public nuisances declared by this part. In any action, the Circuit Court of Madison County is authorized to assess all costs of abating the public nuisance declared by this part, including attorney's fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance. (Act 92-502, p. 981, § 4; Act 93-709, p. 1372, § 2.)...
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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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45-49-170.72
Section 45-49-170.72 Hearing; appeal. (a) Within the time specified in the notice, any person, firm, or corporation having an interest in the building or structure may file a written request for a hearing before the county commission, together with any objections to the finding by the appropriate county official that the building or structure constitutes a public nuisance. The filing of such a request shall hold in abeyance any action on the finding of the county official until a determination is made by the county commission. A hearing shall be held not less than five nor more than 30 days after it is requested. At the hearing the county commission shall determine whether or not the building or structure constitutes a public nuisance. If no hearing is timely requested, the county commission shall determine if a nuisance exists at the expiration of the 60 day period following notice. In the event that it is determined by the county commission that a building or structure constitutes a...
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45-43-171
Section 45-43-171 Connection to public sewerage systems or private disposal systems. (a)(1) The Lowndes County Commission may compel the connection of existing positive outlets, privies, water closets, and septic tanks situated in the unincorporated areas of Lowndes County to any available public sewerage system, whether publicly or privately owned, within 90 days after receiving official notice to do so. (2) Where a public sewerage system is not available, the county commission, through the county health department, shall compel the connection of all existing positive outlets, privies, water closets, and septic tanks situated in the unincorporated areas of Lowndes County to private disposal systems conforming to the rules of the State Board of Health. (b) The notice required in subdivision (a)(1) shall cite this section as the authority for the actions to be taken, shall provide the name and telephone number of a person employed by the county who may be contacted regarding the notice,...
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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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45-34-171.03
Section 45-34-171.03 Licensing and operation of junkyards. (a) No person shall establish, operate, or maintain a junkyard containing any items listed in Section 45-34-171, but not limited to those items, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any highway, without obtaining a county license to do so from the county commission through the Henry County License Commissioner or other like official. No license shall be granted except for those junkyards which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the highway or any adjoining real property. The operation of an unlicensed junkyard required to be licensed pursuant to this section constitutes a public nuisance. (b) The county commission shall adopt regulations and requirements for issuing licenses for the operation of junkyards within the limits defined in this part, and may revoke the licenses at any time the junkyard fails to...
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