Alabama § 45-49A-84.02

§ 45-49A-84.02.

(a)(1) If the city council, or another city employee designated by the city council, determines that a nuisance under Section 45-49A-84.01 exists, the enforcing official shall order the owner of the property on which the nuisance is located to abate the condition.

(2) The enforcing official shall give the owner written notice in-person or by first class U.S. mail. The notice shall state the facts of the alleged nuisance and require the condition to be abated within the time stated in the notice or the owner to request a hearing before the administrative official to determine whether there has been a violation.

(3) The notice shall be sent to the person who was the last person assessed for the payment of ad valorem tax on the property where the nuisance is situated, according to county records. If the person no longer owns the property, the person shall promptly notify the enforcing official of the change in ownership.

(4) The enforcing official shall post a copy of the notice in a conspicuous place on the property.

(5) The notice shall inform the owner to complete the abatement of the nuisance within 10 days after the date of notice. The enforcing official may stipulate additional time, up to 28 days, to abate the nuisance.

(b)(1) A property owner, within five days after the notice is posted, may request a hearing before the administrative official to appeal the determination of the enforcing official.

(2) During the hearing, any interested party may present evidence and testimony. The hearing shall be open to the public, and a record of the proceedings shall be kept as a part of the public records of the city.

(3) The administrative official shall render a written decision on the merits of the proposed abatement within five days after the conclusion of the hearing. The enforcing official shall notify the owner in-person or by first class U.S. mail of the determination of the administrative official.

(4)a. If the administrative official determines that a nuisance exists and should be abated, the written determination of the administrative official shall inform the owner of the requirement to complete the ordered abatement within 10 days after the administrative official’s decision, or an additional amount of time not to exceed 28 days.

b. If the administrative official determines that a nuisance does not exist, then the enforcing official’s notice to abate the nuisance is void. A determination that there is no nuisance shall not preclude a subsequent notice concerning the same property.