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6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond. The owner
or owners of any real property or personal property closed or restrained, or to be closed
or restrained, may appear at any time between the filing of the complaint and the hearing
of the application for a permanent injunction, and, upon payment of all costs incurred and
upon the filing of a bond payable to the state by the owner of the real property, with sureties
or a surety company to be approved by the register or clerk in the full value of the property
to be ascertained by the court or the judge, conditioned that such owner or owners will immediately
abate the nuisance and prevent the same from being established or kept until the decision
of the court or judge shall have been entered on the application for a permanent injunction,
then, in that case, the court or judge, if satisfied of the good faith of the owner of the
real property and of innocence on the part of any owner of the personal...
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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and contents
used in conducting the nuisance not already released under authority of the court as provided
in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such
thereof as belonged to the defendants notified or appearing in the manner provided for the
sale of chattels under execution. (b) Such order shall also require the renewal for one year
of any bond furnished by the owner of the real property as provided in Section 6-5-148 or,
if not so furnished, shall continue for one year any closing order issued at the time of granting
the preliminary injunction or, if no such closing order was then...
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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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8-18-6
Section 8-18-6 Award of damages and attorneys' fees in civil actions; injunctive, etc., relief.
In any civil action for damages against a person for violation of the provisions of this chapter,
the court may award damages to the prevailing party and reasonable attorneys' fees. The provisions
of this chapter may be enforced by injunction or any other available equitable or legal remedy.
(Acts 1978, No. 591, §6.)...
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12-12-30
Section 12-12-30 Civil jurisdiction generally. The original civil jurisdiction of the district
court of Alabama shall be uniform throughout the state, concurrent with the circuit court,
except as otherwise provided, and shall include all civil actions in which the matter in controversy
does not exceed twenty thousand dollars ($20,000), exclusive of interest and costs, and civil
actions based on unlawful detainer; except, that the district court shall not exercise jurisdiction
over any of the following matters: (1) Actions seeking equitable relief other than: a. Equitable
questions arising in juvenile cases within the jurisdiction of the district court. b. Equitable
defenses asserted or compulsory counterclaims filed by any party in any civil action within
the jurisdiction of the district court. (2) Any actions enumerated in Rule 81 of the Alabama
Rules of Civil Procedure other than any of the following: a. Actions based in negligence against
municipalities. b. Actions seeking...
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26-10A-21
Section 26-10A-21 Related proceedings. If, at any time during the pendency of the adoption
proceeding, it is determined that any other custody action concerning the adoptee is pending
in the courts of this state or any other state or country, any party to the adoption proceeding,
or the court on its own motion, may move to stay such adoption proceeding until a determination
has been made by an appropriate court with jurisdiction pursuant to the provisions of the
Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA).
The adoption may be transferred and consolidated with a custody proceeding pending in any
court in this state. (Acts 1990, No. 90-554, p. 912, §21; Act 99-435, p. 857, §1.)...
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34-31-32
Section 34-31-32 Violations; penalties. (a) Any person engaged in business as a certified contractor
or performing the functions of a certified contractor in violation of this chapter shall be
guilty of a Class A misdemeanor, as defined by the state criminal code. (b) The board may,
at its discretion, impose late penalties on those certified contractors who fail to renew
certificates by December 31 of each year. The board may also remove certification from any
certified person who fails to renew his or her certificate by the first day of March and require
the person to apply for a new certificate. Furthermore, the board may at its discretion, remove,
revoke, or suspend the certification from any certified contractor who provides substandard
or dangerous service, repair, or installation, or who otherwise violates this chapter, and
may require such person to apply for a new certification. The board may, in its discretion,
also require the successful re-testing of any such person who...
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34-8-6
Section 34-8-6 Prohibited acts; penalties; cease and desist orders. (a) Any person, firm, or
corporation not being duly authorized who shall engage in the business of general contracting
in this state, except as provided for in this chapter, and any person, firm, or corporation
presenting or attempting to file as its own the license certificate of another, or who shall
give false or forged evidence of any kind to the board, or to any member thereof, in obtaining
a certificate of license, or who falsely shall impersonate another, or who shall use an expired
or revoked certificate of license shall be deemed guilty of a Class A misdemeanor and for
each offense for which he or she is convicted shall be punished as provided by law. Furthermore,
any person including an owner, architect, engineer, construction manager, or private awarding
authority who considers a bid from anyone not properly licensed under this chapter shall be
deemed guilty of a Class B misdemeanor and shall for each...
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6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by
a preponderance of the evidence to establish that a 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
the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual
damages and an injunction to restrain, abate, and prevent the continuance or recurrence of
the 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 a nuisance is found, the court shall have additional power to fashion any one
or more of the following remedies: (1) Assess damages against the...
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2-27-16
Section 2-27-16 Penalty for violation of article; injunctions. (a) Any person who shall violate
any of the provisions of this article declared to be unlawful or who shall fail or refuse
to perform any duty or requirement imposed by the provisions of this article, or who shall
violate any rule or regulation duly promulgated under this article or who shall sell or offer
for sale or distribute for sale any pesticide or device in violation of any of the requirements
of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as
now prescribed by law for such an offense. Fines imposed under this article shall be paid
into the Agricultural Fund of the State Treasury. (b) In addition to the penalty and other
enforcement remedies of this article and notwithstanding the existence of an adequate legal
remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause shown
and upon a hearing to grant a temporary restraining order or preliminary or...
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