Alabama § 45-49-170.72 - Hearing; Appeal.

§ 45-49-170.72. Hearing; Appeal.

(a) Within the time specified in the notice, any person, firm, or corporation having an interest in the building or structure may file a written request for a hearing before the county commission, together with any objections to the finding by the appropriate county official that the building or structure constitutes a public nuisance. The filing of such a request shall hold in abeyance any action on the finding of the county official until a determination is made by the county commission. A hearing shall be held not less than five nor more than 30 days after it is requested. At the hearing the county commission shall determine whether or not the building or structure constitutes a public nuisance. If no hearing is timely requested, the county commission shall determine if a nuisance exists at the expiration of the 60 day period following notice. In the event that it is determined by the county commission that a building or structure constitutes a public nuisance, it shall order the building or structure to be demolished. Demolition may be accomplished by the county by the use of its own forces, or it may provide by contract for the demolition. The county may sell or otherwise dispose of salvaged materials resulting from a demolition.

(b) Any person aggrieved by the decision of the governing body at a hearing, within 10 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 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 appropriate county official and the appeal shall be docketed as a preferred case. The appropriate county official, upon receiving notice of appeal, shall file with the clerk of the court a copy of the findings and determination of the county commission in the proceedings. A trial on the matter shall be held without jury upon the determination of the county commission that a building or structure constitutes a public nuisance.