Alabama § 45-58A-13.21

§ 45-58A-13.21.

(a) The city council shall designate an individual other than the enforcing official to serve as the administrative official for the purposes of this subpart.

(b) Upon receipt of an owner’s intent to appear at a hearing, the administrative official shall suspend the order to abate.

(c) The administrative official, upon agreement with the owner, may reschedule the hearing or continue the hearing for good cause.

(d) A hearing held pursuant to this subpart shall be open to the public. Any interested party may present evidence or testimony. The city shall keep a record of the proceedings as part of the city’s public records.

(e) Within five days after the conclusion of a hearing, the administrative official shall render a written decision on the merits of the proposed abatement. The administrative official shall deliver the written decision to the owner and the enforcing official by personal service or by first class mail.

(f) If the administrative official determines that a nuisance does not exist, the notice to abate is void. The determination does not bar any subsequent public nuisance notice at the same property.

(g) If the administrative official determines that a nuisance does exist, the written decision shall inform the owner that the nuisance must be abated within 14 days after service of the determination. Upon finding that the difficulty of the abatement or other unusual factors necessitate additional time, the administrative official may provide the owner up to 28 days from service of the determination to complete the abatement.

(h) An owner, within 10 days after receipt of a determination, may appeal the determination to the circuit court by filing with the circuit court clerk a notice of appeal and bond for security of costs in the form and amount approved by the circuit clerk. Upon receipt of an adequate notice of appeal and bond, the circuit clerk shall serve a copy of the notice of appeal on the city clerk and the appeal shall be docketed in the circuit court and shall be a preferred case. Upon receipt of the notice, the city clerk shall file with the circuit clerk a copy of the findings and determination of the administrative official. Any trial shall be held without a jury.