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6-5-155.3
Section 6-5-155.3 Contents of complaint; supporting affidavits. (a) The complaint or an affidavit
attached thereto shall describe the adverse impact associated with the drug-related nuisance
upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence
of any one or more of the following conditions: (1) Diminished property value. (2) Increased
fear of residents to walk through or in public areas, including sidewalks, streets, alleys,
and parks. (3) Increased volume of vehicular and pedestrian traffic to and from the property.
(4) An increase in the number of ambulance or police calls to the property which are related
to the use of drugs, or to violence stemming from drug-related activity. (5) Bothersome solicitors
or approaches by strangers wishing to sell drugs, or the aggressive solicitation of alms,
on or near the property. (6) The display of dangerous weapons on or near the property. (7)
Investigative purchases of drugs by law enforcement officers on...
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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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6-5-155.1
Section 6-5-155.1 Definitions. The following words and phrases when used in this division shall
have the meanings given to them in this section unless the context clearly indicates otherwise:
(1) COMMUNITY-BASED ORGANIZATION. Any group, whether incorporated or unincorporated, affiliated
with or organized for the benefit of one or more communities or neighborhoods containing an
alleged drug-related nuisance, or any group organized to improve the quality of life in a
residential area containing the alleged drug-related nuisance. (2) CONTROLLED SUBSTANCE ACTS.
The provisions of Sections 20-2-1 et seq., known as the "Alabama Uniform Controlled Substance
Act," and Sections 13A-12-201 et seq., known as "The Drug Predator Control Act of
1987," and Sections 13A-12-210 et seq., known as "The Drug Crimes Amendments Act
of 1987." (3) DRUG-RELATED NUISANCE. a. Any property, in whole or in part, used or intended
to be used to facilitate any violation of the controlled substance acts or any similar...
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6-5-155.2
Section 6-5-155.2 Who may file action to abate, enjoin, and prevent drug-related nuisance;
commencement of action. Wherever there is reason to believe that a drug-related nuisance exists,
the Attorney General, district attorney, the attorney for the county or municipality, a person
residing in the county in which the property is located including a tenant of the property,
or any community-based organization, may file an action in the circuit courts of this state
to abate, enjoin, and prevent the drug-related nuisance. The actions shall be commenced by
the filing of a complaint in circuit court of the county in which the nuisance is situated
alleging the facts constituting the drug-related nuisance. (Acts 1996, No. 96-566, p. 849,
§3.)...
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6-5-155.8
Section 6-5-155.8 Protection of witnesses. If proof of the existence of the drug-related nuisance
depends, in whole or in part, upon the affidavits of witnesses who are not law enforcement
officers, upon a showing of prior threats of violence or acts of violence by any defendant
or other person using the property alleged to be a drug-related nuisance, the court may issue
orders to protect those witnesses, including, but not limited to, nondisclosure of the name,
address, or any other identifying information. (Acts 1996, No. 96-566, p. 849, §9.)...
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6-5-155.6
Section 6-5-155.6 Issuance of ex parte restraining order; service; inventory of property relating
to nuisance; violation of order; contempt of court. (a) The court, upon the application of
the plaintiff, may issue an ex parte restraining order, restraining the defendant and all
other persons from removing, or in any manner interfering with, the personal property and
contents of the place where the drug-related nuisance is alleged to exist, until a decision
of the court granting or refusing to grant a temporary injunction, or until further order
of the court. (b) The restraining order may be served by handing it to and leaving a copy
of the order with any person appearing to reside therein, or by posting a copy thereof in
a conspicuous place at or upon one or more of the principal doors or entrances to the place,
or by both delivery and posting. (c) The officer serving a restraining order shall forthwith
attempt to make and return to the court an inventory of the personal property and...
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6-5-156.2
Section 6-5-156.2 Dismissal of complaint filed by private citizen; prosecution by district
attorney or prosecuting attorney; substitution of complainant. (a) If a complaint is filed
by a private citizen, it may not be dismissed except upon a sworn statement by the complainant
and his or her attorney, setting forth the reason why the action should be dismissed. A copy
of the sworn statement shall be sent to the Attorney General and the district attorney at
least seven days prior to its presentment to the court. (b) If the court is of the opinion
that the action should not be dismissed, it may direct the district attorney or prosecuting
attorney to prosecute the action to judgment. (c) Any citizen of the county in which the alleged
drug-related nuisance is located, or an interested community-based organization, may be substituted
for the complainant and prosecute the action to judgment. (Acts 1996, No. 96-566, p. 849,
§13.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-156.2.htm - 1K - Match Info - Similar pages
6-5-156.4
Section 6-5-156.4 Violation of court order; additional orders necessary to abatement; suspension
or cancellation of order. (a) A violation of any court order issued pursuant to this division
is punishable as a contempt of court by a fine of not less than five hundred dollars ($500)
nor more than seventy-five thousand dollars ($75,000), or by imprisonment for not more than
one year, or both. Evidence concerning the duration and repetitive nature of the violations
shall be considered by the court in determining the penalty for contempt. (b) Upon finding
that a defendant has willfully violated an order issued pursuant to this division, the court
may issue any additional orders necessary to abate the drug-related nuisance or to carry out
the punishment for contempt. (c) The court may suspend the effectiveness of an order of abatement
for no more than 90 days if the owner of the property establishes that he or she had no knowledge
of the drug-related nuisance, and could not reasonably be...
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37-15-10.2
Section 37-15-10.2 Violations; complaints; dispute and hearing; judicial review. (a) Any person
who violates this chapter may be reported to the authority for the alleged violation. (b)
The board shall develop and implement a process for the receipt of a complaint of a violation
of this chapter. The complaint must be made no later than 30 days after the known occurrence
of the violation. A complaint may be filed as information only and designated not to be pursued
under the enforcement provisions. (c) Upon receipt of a complaint of a violation of this chapter,
the administrator, operating on behalf of the authority, shall provide notice to the reported
violator advising that a complaint of violation has been made setting out the time and place
of the alleged violation, the identity of who reported the violation, his or her right to
file a written response within 14 days, and his or her right to appeal from an adverse decision.
(d) The administrator, acting on behalf of the authority,...
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36-25A-9
Section 36-25A-9 Enforcement; hearings; penalties and remedies. (a) This chapter is designed
and intended to hold members of governmental bodies, and the bodies themselves, accountable
to the public for violations of this chapter. Therefore, enforcement of this chapter, except
a violation of Section 26-25A-3(a)(1), may be sought by civil action brought in the county
where the governmental body's primary office is located by any media organization, any Alabama
citizen impacted by the alleged violation to an extent which is greater than the impact on
the pubic at large, the Attorney General, or the district attorney for the circuit in which
the governmental body is located; provided, however, that no member of a governmental body
may serve as a plaintiff in an action brought against another member of the same governmental
body for an alleged violation of this chapter. The complaint shall be verified, shall state
specifically the applicable ground or grounds for the complaint as set out...
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