Alabama § 45-44A-40.02 - Hearing; Appeal.

§ 45-44A-40.02. Hearing; Appeal.

(a) Within the time specified in the notice, but not more than 30 days from the date the notice is given, any person, firm, association, or corporation having an interest in the building or structure, accumulation and storage of junk, inoperable motor vehicles or parts of inoperable motor vehicles, abandoned dwellings and mobile homes, or litter around property and vacant lots, including, but not limited to, abandoned cars and appliances 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 due to safety there maybe a public nuisance. The filing of the request shall hold in abeyance any action on the finding of the city official until determination thereon is made by the governing body. Upon holding the hearing, which hearing shall be held not less than 10 nor more than 30 days after the request, or in the event no hearing is timely requested, the governing body, after the expiration of 30 days from the date the notice is given, shall determine whether or not there is a public nuisance. Notice of the meeting of the governing body, and that the determination will be made thereat, shall be published one time in a newspaper of general circulation in the city, not less than 10 days prior thereto. In the event that it is determined by the governing body that there is a public nuisance, the governing body shall order the demolition or removal of the public nuisance. The demolition or removal may be accomplished by the city by the use of its own forces, or it may provide by contract for the demolition or removal. The city shall have authority to sell or otherwise dispose of salvaged materials resulting from the demolition or removal.

(b) Any person aggrieved by the decision of the governing body at the hearing, within 15 days thereafter, may appeal to the Circuit Court of Macon County 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 the 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 the notice, shall file with the circuit clerk a copy of the findings and determination of the governing body in the proceeding, and a trial shall be held without jury upon the determination of the governing body that there is a public nuisance.