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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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6-5-145
Section 6-5-145 Issuance and return of temporary restraining order; return of inventory; contempt
for violation of restraining order. (a) Where such application for a preliminary injunction
has been made, the court or judge thereof may, on the application of the plaintiff, issue
an ex parte temporary restraining order, restraining the defendants and all other persons
from the moving, or in any manner interfering with, the personal property and contents of
the place where such nuisance is alleged to exist until the decision of the court or judge
granting or refusing such preliminary injunction and until the further order of the court
thereon. (b) The restraining order may be served by handing to and leaving a copy of said
order with any person in charge of said place or residing therein or by posting a copy thereof
in a conspicuous place at, or upon one or more of the principal doors or entrances to such
places, or the judge may order it served on the parties defendant. (c) The officer...
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15-11-3
Section 15-11-3 Adjournment; commitment of defendant to jail or bail. When a defendant is brought
before a district court under a warrant of arrest for preliminary examination, the court may
adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one
time, without the consent of the defendant, and to the same or a different place in the county.
In such case, if the defendant is charged with a capital offense, he must be committed to
jail in the meantime; but if the offense is not capital, he may give bail in such sum as the
court directs for his appearance for such further examination or, for the want thereof, must
be committed. On the day to which the examination was adjourned, the defendant may be brought
before the court by verbal order to the officer who had charge of him or by order in writing
to a different person if the custody has been changed. (Code 1852, §454; Code 1867, §4003;
Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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45-49-43.13
Section 45-49-43.13 Application of part; violations. This part shall be binding upon every
employee or agent of the buyer of the articles described in Section 45-49-43, and it shall
be unlawful and an offense against the county for any licensee or his or her agents, servants,
officers, or employees to fail or refuse to carry out the provisions of this part. Any person
who shall violate this part or do business within the county, as defined in this part, without
first obtaining a permit or license as provided herein shall be subject to a fine in an amount
not to exceed five hundred dollars ($500) or imprisonment, not to exceed six months, or to
both such fine and imprisonments in the discretion of the court trying the case. (Act 81-445,
p. 767, § 15.)...
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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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45-9-91.20
Section 45-9-91.20 Establishment and designation; services; regulation of industrial parks.
(a) Subject to the written approval of the owners of 100 percent in interest based on assessed
value for ad valorem tax purposes of each 10 acres, or the part thereof to be included in
the proposed industrial park, the County Commission of Chambers County in the State of Alabama
may establish industrial parks composed of territory wholly within the county boundaries and
without the boundaries of any municipality. Any person, firm, or corporation who desires to
obtain a designation of an area as an industrial park shall file a petition with the county
commission of the county wherein the property is located requesting that the county commission
designate the area proposed as an industrial park, and include with such petition the consent
of the land owners as above required. The consent of each consenting owner shall be acknowledged
before a notary public or other person authorized to take...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-9-91.20.htm - 6K - Match Info - Similar pages
8-6-16
Section 8-6-16 Administrative cease and desist authority to commission; injunctive relief;
appointment of receivers or conservators for defendants or defendants' assets; court ordered
rescission, restitution, or disgorgement for violations. Whenever it appears to the Securities
Commission that any person has engaged in or is about to engage in any act or practice constituting
a violation of any provision of this article or any rule or order hereunder, it may, in its
discretion, do either or both of the following: (a) Issue a cease and desist order, with or
without a prior hearing, against the person or persons engaged in the prohibited activities,
directing them to cease and desist from engaging in the act or practice. (b) Bring an action
in its discretion in any court of competent jurisdiction to enjoin the act or practice and
to enforce compliance with this article or any rule or order issued hereunder. Upon a proper
showing, a permanent injunction, temporary restraining order, or...
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15-18-80
Section 15-18-80 Issuance and delivery of warrant for execution; delivery of condemned person;
return of receipt; compensation of sheriff. (a) Whenever any person is sentenced to death,
the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence
has been pronounced, issue a warrant under the seal of the court for the execution of the
sentence of death, which warrant shall recite the fact of conviction, setting forth specifically
the offense, the judgment of the court and the time fixed for his execution, and which shall
be directed to the warden of the William C. Holman unit of the prison system at Atmore, commanding
him to proceed, at the time and place named in the sentence, to carry the same into execution,
as provided in Section 15-18-82, and the clerk shall deliver such warrant to the sheriff of
the county in which such judgment of conviction was had, to be by him delivered to the said
warden, together with the condemned person as provided in...
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