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6-5-153
Section 6-5-153 Effect of establishment of nuisance in criminal proceedings. In case the existence
of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction,
the district attorney shall proceed promptly under this division to enforce the provisions
and penalties thereof, and the finding of the defendant guilty in such criminal proceedings,
unless reversed or set aside, shall be conclusive as against the defendant as to the existence
of the nuisance. The proceeds of the sale of the personal property as provided in Section
6-5-152 shall be applied in payment of the costs of the action and abatement, including the
plaintiff's costs, or so much of such proceeds as may be necessary, except as provided in
this division. (Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)...
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45-8-172.06
Section 45-8-172.06 Accounting of cost for abatement of nuisance; report; civil action to abate
or enjoin nuisance. (a) The city or county governing body shall keep an account of the cost
of abating the nuisance and render an itemized report in writing showing the cost of removing
the nuisance on each separate lot, or in front thereof, or both. Before the report is submitted,
a copy shall be mailed to the owner or owners of the property at least three days before the
report shall be submitted. (b) In addition to the other provisions of this part, outside of
the corporate limits of a municipality, this part may be enforced by the county commission
by the commencement of a civil action to abate or enjoin any public nuisance as defined by
this part. Prior to commencing a civil action to enforce this part, the county commission
shall give reasonable notice to the owner of the land to abate any alleged nuisance and the
owner of the land may request a reasonable time to abate or have abated...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive
relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or
who would suffer injury from any threatened violation, of this chapter may maintain an action
in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened
violation. If in such action a violation or threatened violation of this chapter shall be
established, the court shall enjoin and restrain, or otherwise prohibit, such violation or
threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff
and against the defendant the costs of suit, including reasonable attorney's fees. In such
action it shall not be necessary that actual damages to the plaintiff be alleged or proved,
but where alleged and proved, the plaintiff in said action, in addition to such injunctive
relief and cost of suit, including reasonable attorney's fees, shall...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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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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45-34-171.04
Section 45-34-171.04 Enforcement; fines. (a) This part shall be enforced by the Henry County
Commission or its duly authorized agent or representative. The Henry County Commission, acting
through its agents or sheriff, may access civil fines not more than five hundred dollars ($500)
nor less than two hundred fifty dollars ($250) for operation without a license and for each
violation of its regulations. An aggrieved party may request a due process hearing before
the commission prior to the assessment becoming final in a manner to be provided by the commission
in its regulations. (b) The Henry County Commission or duly authorized agent or representative
may commence a court action in the name of the Henry County Commission in the Circuit Court
of Henry County, Alabama, to abate or enjoin any public nuisances declared by this part. In
any action pursuant to this subsection, the Circuit Court of Henry County, Alabama, may assess
all costs of abating the public nuisance declared by this...
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45-44-170.05
Section 45-44-170.05 Enforcement; fines. (a) The operation of an unlicensed junkyard that is
required to be licensed pursuant to this section constitutes a public nuisance. (b) The Macon
County Commission shall adopt regulations and requirements for issuing licenses for the operation
of junkyards within the limits defined in this article and may revoke the licenses at any
time the junkyard fails to conform to the requirements of this article, and shall charge a
license fee of not more than five hundred dollars ($500) and not less than one hundred dollars
($100) payable each fiscal year. All licenses issued under this article shall expire on September
30th following the date of issuance. Licenses shall be renewed from year to year upon payment
of the fee. Proceeds from the fees shall be deposited in the general fund of the county. (c)
The Macon County Compliance Officer may commence a court action in the name of the Macon County
Commission in the District Court of Macon County, Alabama,...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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6-5-285
Section 6-5-285 Holder of worthless check, draft, or order. The holder of a worthless check,
draft, or order for the payment of money shall have a right of action against the person who
unlawfully made, uttered, or delivered the same to him or to his endorser; and such action
may be maintained though there has been no prosecution, conviction, or acquittal of the defendant
for his unlawful act. Such action must be commenced within one year from the date of the unlawful
act. The plaintiff in such action may recover such damages, both punitive and compensatory,
including a reasonable attorney fee, as the jury or court trying the case may assess. (Acts
1959, No. 567, p. 1426.)...
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