Alabama § 11-70B-4 - Ordinance of a Class 1 Municipality Authorizing Judicial in Rem Foreclosure of Municipal Code Lien.

§ 11-70B-4. Ordinance of a Class 1 Municipality Authorizing Judicial in Rem Foreclosure of Municipal Code Lien.

(a) A Class 1 municipality may proceed with judicial in rem foreclosures of municipal code liens in accordance with this chapter by enacting an ordinance of the governing body of the Class 1 municipality where the real property is situated, which ordinance shall be sufficient authority for use of this chapter by the Class 1 municipality to enforce its municipal code liens.

(b) The ordinance of a Class 1 municipality authorizing and approving the use of this chapter shall set forth all of the following:

(1) The initial effective date for application of these procedures.

(2) If the Class 1 municipality elects not to apply these procedures to all real properties as of the same initial effective date, it shall specify all of the following:

a. Which real properties are subject to these procedures.

b. The order in which the real properties shall be subject to these procedures.

c. The time and manner of determining paragraphs a. and b.

(3) The explicit exclusion of owner-occupied properties from the application of the judicial in rem foreclosure procedures authorized under this chapter.

(4) Any other matters related to code enforcement that the Class 1 municipality designates for administrative regulation.

(c) The provisions of a Class 1 municipality ordinance and administrative regulations issued pursuant to the ordinance shall not conflict with Sections 11-70B-5 through 11-70B-8.

(d) Proceedings in accordance with this chapter are intended solely to enforce the municipal code lien for real property subject to the lien and shall not constitute an action for personal liability of the owner or owners of the real property to which the lien applies.

(e) The rights and remedies provided in this chapter are available solely to the governmental entities authorized by law to enforce municipal ordinances and shall not extend to any nongovernmental transferee of municipal code liens.

(f) A Class 1 municipality that has adopted the provisions of this chapter by ordinance and that seeks to enforce a municipal code lien through the sale of real property shall utilize the judicial in rem proceedings authorized under this chapter as the sole remedy for the enforcement through the sale of real property.

(g) The enforcement proceedings authorized under this chapter may be initiated only by a Class 1 municipality.

(h) A municipal code lien shall not include any lien that has previously been certified to the tax collector of the county for inclusion on the property tax bill associated with the real property, such as those liens certified pursuant to Section 11-67-66 or Section 45-37A-53 or any other applicable local law.