Alabama § 45-57-170.23 - Abatement.

§ 45-57-170.23. Abatement.

(a) If the real property owner has not abated the nuisance within 60 days of the notice from the county employee, or a reasonable time agreed upon by the county employee and the property owner, the county employee shall report to the county commission that a public nuisance exists.

(b) The county commission, by resolution, if the proof is satisfactory, shall declare the condition to be a public nuisance.

(c) The resolution shall refer to the street or road by the name under which it is commonly known and describe the property upon which the nuisance exists by giving a legal description of the real property.

(d) After the county commission passes the resolution, the resolution shall be conspicuously posted as a ‘‘Notice to Abate Public Nuisance’’ in front of the property on which the nuisance exists.

(e) The ‘‘Notice to Abate Public Nuisance’’ shall have substantially the following form:

“NOTICE TO ABATE PUBLIC NUISANCE

“Notice is hereby given that on the ____day of ___, 2__, the county commission passed a resolution declaring that a public nuisance exists upon the real property on ___(street) (road) in the county, more particularly described in the resolution. The public nuisance must be abated by its removal by the owner or the county commission, and if the county commission abates the nuisance the cost of the removal shall be assessed upon the property from which the public nuisance is removed. The cost shall constitute a lien upon the property until paid. A copy of the resolution of the county commission is attached.

“Any owners of the real property having any objections to the proposed removal of the public nuisance are notified to attend a meeting of the county commission to be held (date, time, and location), when their objections will be heard and given due consideration.

“Dated this ___ day of __, 2___, (County Name), By ____(county authority).”

(f) The notice shall be posted on the manufactured dwelling or any other dwelling at least 10 days prior to the time for hearing objections by the county commission. In addition, a notice shall be mailed to the owner of the real property at least 10 days before the meeting at which objections will be heard. A notice mailed to the person last assessed for real property taxes due on the real property according to the records of the county revenue commissioner shall be conclusively presumed to be adequate and to comply with these requirements.