Alabama § 11-67C-3 - Definitions.

§ 11-67C-3. Definitions.

For purposes of this chapter, the following terms have the following meanings:

(1) COMMERCIAL BUILDING. Any building or structure, or portion thereof, that is used or designed to be used primarily for business, commercial, industrial, mercantile, office, professional, warehousing, storage, lodging, or retail purposes. A building containing both residential and nonresidential uses shall be considered a commercial building only with respect to the nonresidential portion of the building.

(2) EVIDENCE OF UNKEMPT VACANCY. Any of the following:

a. Overgrown or dead vegetation, including grass, shrubbery, and other plantings.

b. An accumulation of abandoned personal property, trash, or other waste.

c. Visible deterioration or lack of maintenance of any building or structure on the property.

d. Graffiti or other defacement of any building or structure on the property.

e. Broken windows, doors, or other access points indicating the property is not secure from the public or the elements.

(3) OWNER. A person who individually or jointly with others:

a. Has legal title to the property, with or without actual possession, or who is shown to be the owner or owners of record in the records of the probate office;

b. Has charge, care, or control of the property as owner or agent of the owner; or

c. Is an executor, administrator, trustee, or guardian of the estate of the owner.

(4) RESIDENTIAL BUILDING. A house, condominium, townhouse, or any other building where the whole building or significant parts of the building are designed or used as residential dwellings.

(5) VACANT. A residential building or commercial building that is lacking habitual presence of human beings who have a legal right to be on the property, or at which substantially all lawful business operations, construction operations, or residential occupancy has ceased for a period of 90 consecutive days and there exists evidence of unkempt vacancy, provided: (i) an owner-occupied, single-family home shall not be deemed to be vacant if it has been used on a regular basis by the owner as a second residence or the owner intends to resume residing at the property and it is otherwise maintained in a manner that does not render substantial or persistent evidence of unkempt vacancy; (ii) the term “vacant” shall not include a residential building or commercial building containing multiple units with common ownership which has at least one unit occupied with evidence of utility usage; and (iii) any multi-unit residential building or commercial building shall not be deemed to be vacant if the building is actively being marketed for sale or lease, as evidenced by the existence of an in-force real estate listing agreement or reasonable evidence of other active marketing efforts consistent with the nature of the property.