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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-155.2.htm - 1K - 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
22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-22A-5.htm - 16K - Match Info - Similar pages
6-5-160.1
Section 6-5-160.1 Cause of action for public nuisance. It is hereby declared that the use of
any premise to distribute obscene material to minors in violation of Division 5 (commencing
with Section 13A-12-200.1), Article 4, Chapter 12, Title 13A is a public nuisance and the
Attorney General, district attorney, or, when authorized by the local governing body, the
attorney for the county or municipality may file an action in the circuit courts of this state
to abate, enjoin, and prevent the nuisance. A county, by resolution, or a municipality, by
ordinance, may authorize the filing of an action in the circuit court within their jurisdiction
to abate, enjoin, and prevent the nuisance. The actions shall be commenced by the filing of
a complaint alleging the facts constituting the nuisance in circuit court of the county in
which the nuisance is situated. (Act 98-467, p. 893, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-160.1.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-155.1.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8-172.06.htm - 2K - Match Info - Similar pages
22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-10.htm - 5K - Match Info - Similar pages
45-2-262
Section 45-2-262 Regulation of wind generated energy production facilities or equipment in
unincorporated areas. (a) This section shall apply within all unincorporated areas of Baldwin
County. (b) The county commission shall have zoning authority and the power to establish and
adopt ordinances, resolutions, rules, regulations, and procedures to regulate the permitting,
construction, placement, and operation of wind turbines, windmills, wind farms, and any other
wind-generated energy production facilities or equipment operated, in whole or in part, by
wind, sometimes referred to collectively as "wind-generated energy production facilities,"
also including, but not limited to, regulations regarding the size, location, and noise generated
by wind-generated energy production facilities. The regulations shall be adopted by ordinance
or resolution of the county commission at a regularly scheduled meeting of the commission.
(c) The county commission shall have zoning authority and the power...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-262.htm - 5K - Match Info - Similar pages
11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-65.htm - 11K - Match Info - Similar pages
13A-11-61.3
Section 13A-11-61.3 Regulation of firearms, ammunition, and firearm accessories. (a) The purpose
of this section is to establish within the Legislature complete control over regulation and
policy pertaining to firearms, ammunition, and firearm accessories in order to ensure that
such regulation and policy is applied uniformly throughout this state to each person subject
to the state's jurisdiction and to ensure protection of the right to keep and bear arms recognized
by the Constitutions of the State of Alabama and the United States. This section is to be
liberally construed to accomplish its purpose. (b) For the purposes of this section, the following
words shall have the following meanings: (1) AMMUNITION. Fixed cartridge ammunition, shotgun
shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles
for muzzle-loading firearms, and any propellant used in firearms or ammunition. (2) EXPRESSLY
AUTHORIZED BY A STATUTE OF THIS STATE. The authority of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-11-61.3.htm - 9K - Match Info - Similar pages
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