Ala. Code § 45-49A-20.02

Current through the 2024 Regular Session.

Section 45-49A-20.02 - Hearings on unsafe structures; orders; appeals

Within the time specified in such notice, but not more than 60 days from the date such notice is given, any person, firm, or corporation having an interest in such building or structure may file a written request for a hearing before the city governing body, together with his or her objections to the finding by the appropriate city official that such building or structure is unsafe to the extent of becoming a public nuisance. The filing of such request shall hold in abeyance any action on the finding of such city official until determination thereon is made by such governing body. Upon holding such hearing, which hearing shall be held not less than 10 nor more than 60 days after such request, or in the event no hearing is timely requested, the governing body, after the expiration of 60 days from the date such notice is given, shall determine whether or not such building or structure is unsafe to the extent that it is a public nuisance. Notice of such meeting of the governing body, and that such determination will be made thereat, shall be published one time in a newspaper of general circulation in such city, not less than 10 days prior thereto. In the event that it is determined by such governing body that such building or structure is unsafe to the extent that it is a public nuisance, the governing body shall order such building or structure to be demolished. Such demolition may be accomplished by the city by the use of its own forces, or it may provide by contract for such demolition. Such city shall have authority to sell or otherwise dispose of salvaged materials resulting from such demolition.

(b) Any person aggrieved by the decision of the governing body at such hearing, within 30 days thereafter, may appeal to the circuit court upon filing with the clerk of the court notice of the appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of notice of appeal and approval of the bond, the clerk of the court shall serve a copy of the notice of appeal on the city clerk and the appeal shall be docketed in the court and shall be a preferred case therein. The city clerk, upon receiving such notice, shall file with the circuit clerk a copy of the findings and determination of the governing body in proceedings, and trial shall be held without jury upon the determination of the governing body that such building or structure is unsafe to the extent that it is a public nuisance.

Ala. Code § 45-49A-20.02 (1975)