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Alabama · Through Act 2026-611

Ala. Code § 45-58-170.23: Hearing; Appeal.

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Where this section sits in the code
  1. Title 45 Local Laws.
  2. Chapter 58 Shelby County.
  3. Article 17 Health and Environment.
  4. Part 1 Environment.
  5. Subpart 2 Abandoned or Unsafe Dwellings.

(a) Within the time specified in the notice, but not more than 60 days from the date notice is given, 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 his or her objections to the finding by the county official that the building or structure is unsafe to the extent of becoming a public nuisance. The filing of the request shall hold in abeyance any action on the finding of the county official until determination thereon is made by the county commission. Upon holding the hearing, which hearing shall be held not less than five nor more than 30 days after the request, or in the event no hearing is timely requested, the county commission, after the expiration of 60 days from the date the notice is given, shall determine whether or not the building or structure is unsafe to the extent that it is a public nuisance. In the event that it is determined by the county commission that the building or structure is unsafe the extent that it is a public nuisance, the county commission 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 demolition. The county shall have authority to sell or otherwise dispose of salvaged materials resulting from the 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 of Shelby County upon filing with the clerk of the court notice of appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of notice of appeal and approval of the bond, the clerk of the court shall serve a copy of notice of appeal on the appropriate county official and the appeal shall be docketed in the court, and shall be a preferred case therein. The appropriate county official, upon receiving notice, shall file with the clerk of the court a copy of the findings and determination of the county commission in the proceedings and trial shall be held without jury upon the determination of the county commission that the building or structure is unsafe to the extent that it is a public nuisance.

Collected 2026-09-03T14:01:54Z. Source file · JSON

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