|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-151.htm - 2K - Match Info - Similar pages
22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22-9.htm - 16K - Match Info - Similar pages
8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-148.htm - 1K - Match Info - Similar pages
45-42A-24.02
Section 45-42A-24.02 Notice ordering abatement; hearing; appeal. (a) For purposes of this part,
the enforcing official shall mean either the mayor or such other city official or employee
as the mayor from time to time may designate. Whenever, in the opinion of the enforcing official,
a public nuisance exists as described in Section 45-42A-24.01, the enforcing official may
serve written notice upon the owner of the property on which the nuisance is located ordering
the abatement of the nuisance. (b) The notice shall require the owner to complete abatement
of the nuisance within 14 days from the date of the notice, provided that the enforcing official
may allow for additional time when it is reasonably required due to the difficulty of the
abatement or other unusual factors tending to necessitate additional time, but in no case
more than 28 days from the date of the notice. (c) The written notice shall require the owner
to abate the condition within the time stated in the notice or to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42A-24.02.htm - 6K - Match Info - Similar pages
45-45A-41.21
Section 45-45A-41.21 Notice; hearing; appeal. (a) For purposes of this subpart, the enforcing
official shall mean either the mayor or such other city official or employee as the mayor
from time to time may designate. Whenever, in the opinion of the enforcing official, a public
nuisance exists as described in Section 45-45A-41.20, the enforcing official may serve written
notice upon the owner of the property on which the nuisance is located ordering the abatement
of the nuisance. (b) The notice shall require the owner to complete abatement of the nuisance
within 14 days from the date of the notice, provided that the enforcing official may allow
for additional time when it is reasonably required due to the difficulty of the abatement
or other unusual factors tending to necessitate additional time, but in no case more than
28 days from the date of the notice. (c) The written notice shall require the owner to abate
the condition within the time stated in the notice or to request a hearing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-41.21.htm - 6K - Match Info - Similar pages
13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures;
hearing; forfeiture action; action for money judgment. (a) The following property is subject
to forfeiture: (1) All obscene material and material which is harmful to minors used, intended
to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable
instruments, and funds used, intended to be used, or obtained in any violation of the provisions
of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained
under this section shall not be subject to replevin but is deemed to be in the custody of
the state, county or municipal law enforcement agency subject only to the orders and judgment
of the court having jurisdiction over the forfeiture proceedings. When property is seized
under this division, the state, county or municipal law...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-200.8.htm - 7K - Match Info - Similar pages
45-49A-62.02
Section 45-49A-62.02 Abatement and removal of inoperable motor vehicles from private property
as public nuisances. (a) For purposes of this section, the term inoperable motor vehicle shall
mean any motor vehicle, trailer, recreational vehicle, camper, or semi-trailer that has remained
on private property and in view of the general public for 30 days or any greater period fixed
by the municipality and is inoperable in that one or more of its major mechanical components
including, but not limited to, engine, transmission, drive train, or wheels, are missing or
are not functional, or the vehicle otherwise constitutes a nuisance. An inoperable motor vehicle
shall not be deemed a nuisance under any of the following circumstances: (1) The motor vehicle
has been rendered temporarily incapable of being driven under its own motor power in order
to perform ordinary service or repair operations. (2) The motor vehicle is on the premises
of a place of business engaged in the wrecking or junking of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49A-62.02.htm - 5K - Match Info - Similar pages
13A-3-23
Section 13A-3-23 Use of force in defense of a person. (a) A person is justified in using physical
force upon another person in order to defend himself or herself or a third person from what
he or she reasonably believes to be the use or imminent use of unlawful physical force by
that other person, and he or she may use a degree of force which he or she reasonably believes
to be necessary for the purpose. A person may use deadly physical force, and is legally presumed
to be justified in using deadly physical force in self-defense or the defense of another person
pursuant to subdivision (5), if the person reasonably believes that another person is: (1)
Using or about to use unlawful deadly physical force. (2) Using or about to use physical force
against an occupant of a dwelling while committing or attempting to commit a burglary of such
dwelling. (3) Committing or about to commit a kidnapping in any degree, assault in the first
or second degree, burglary in any degree, robbery in any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-3-23.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-156.3.htm - 5K - Match Info - Similar pages
|