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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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...
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8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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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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45-42A-24.02
official may continue the hearing from time to time, upon good cause shown. At the hearing,
any interested party will have the right to present evidence and testimony. The hearing will
be open to the public, and a record of the proceedings must be kept as a part of the city's
public records. The administrative official must render a written decision on the merits of
the proposed abatement within five days of the conclusion of the hearing. The enforcing official
shall notify the owner by personal service or by first class mail of the written determination
of the administrative official. If the administrative official determines that a nuisance
exists and should be abated, the written determination of the administrative official shall
inform the owner that the owner must complete the abatement ordered by the enforcing official
within 10 days of the date of the administrative official's decision, or upon such additional
time, but in no case more than 28 days from the administrative...
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45-45A-41.21
official may continue the hearing from time to time, upon good cause shown. At the hearing,
any interested party shall have the right to present evidence and testimony. The hearing shall
be open to the public, and a record of the proceedings shall be kept as a part of the city's
public records. The administrative official shall render a written decision on the merits
of the proposed abatement within five days of the conclusion of the hearing. The enforcing
official shall notify the owner by personal service or by first class mail of the written
determination of the administrative official. If the administrative official determines that
a nuisance exists and should be abated, the written determination of the administrative official
shall inform the owner that the owner must complete the abatement ordered by the enforcing
official within 10 days of the date of the administrative official's decision, or upon such
additional time, but in no case more than 28 days from the administrative...
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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...
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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...
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13A-3-23
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 degree, forcible rape, or forcible sodomy. (4) Using or about to use
physical force against an owner, employee, or other person authorized to be on business property
when the business is closed to the public while committing or attempting to commit a crime
involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or a crime
of a sexual nature involving a child under the age of 12. (5) In the process of unlawfully
and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence,
business property, or occupied vehicle, or federally licensed nuclear power facility, or is
in the process of sabotaging or attempting to sabotage a federally licensed nuclear power
facility, or is attempting to remove, or has forcefully removed, a person against his...
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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...
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