Section 6-5-151 – Order of Abatement; Sale of Property.
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance is admitted or established in an action as provided in this division, or in a criminal proceeding in the circuit court, an order of abatement shall be entered as a part of the judgment in the case, which shall direct […]
Section 6-5-156.2 – Dismissal of Complaint Filed by Private Citizen; Prosecution by District Attorney or Prosecuting Attorney; Substitution of Complainant.
Section 6-5-156.2 Dismissal of complaint filed by private citizen; prosecution by district attorney or prosecuting attorney; substitution of complainant. (a) If a complaint is filed by a private citizen, it may not be dismissed except upon a sworn statement by the complainant and his or her attorney, setting forth the reason why the action should […]
Section 6-5-152 – Fees of Officers Selling Property, Etc.
Section 6-5-152 Fees of officers selling property, etc. For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees as he would for levying and selling like property on execution; and, for closing the place and keeping it closed, a reasonable fee shall be allowed […]
Section 6-5-156.3 – Standard of Proof; Damages and Other Relief; Jurisdiction and Powers of Court; Appointment of Receiver; Eviction of Tenant.
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court; appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance of the evidence to establish that a drug-related nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property […]
Section 6-5-153 – Effect of Establishment of Nuisance in Criminal Proceedings.
Section 6-5-153 Effect of establishment of nuisance in criminal proceedings. In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, the district attorney shall proceed promptly under this division to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such […]
Section 6-5-156.4 – Violation of Court Order; Additional Orders Necessary to Abatement; Suspension or Cancellation of Order.
Section 6-5-156.4 Violation of court order; additional orders necessary to abatement; suspension or cancellation of order. (a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than seventy-five thousand dollars ($75,000), or by […]
Section 6-5-154 – Violations Constituting Contempt; Proceedings Thereon.
Section 6-5-154 Violations constituting contempt; proceedings thereon. (a) In case of the violation of any injunction or closing order granted under the provisions of this division or of any restraining order or the commission of any contempt of court in proceedings under this division, the court or the judge thereof may try and punish the […]
Section 6-5-156.5 – Frivolous or Bad Faith Action.
Section 6-5-156.5 Frivolous or bad faith action. If the action is brought by a private citizen and the court finds that the action was frivolous or motivated by bad faith, costs and attorney fees may be taxed to the person. (Acts 1996, No. 96-566, p. 849, §16.)
Section 6-5-155 – Legislative Findings and Declarations.
Section 6-5-155 Legislative findings and declarations. The Legislature finds and declares the following: (1) There is a drug crisis in the State of Alabama which is plaguing our neighborhoods and our housing and rental accommodations. (2) Drugs have caused an increase in crime and violence and a deterioration in the habitability of housing and rental […]
Section 6-5-160 – Legislative Findings.
Section 6-5-160 Legislative findings. The Legislature of Alabama finds and declares: (1) That in order to protect children from exposure to obscenity, prevent assaults on the sensibilities of unwilling adults by the purveyor of obscene material, and suppress the proliferation of “adult-only video stores,” “adult bookstores,” “adult movie houses,” and “adult-only entertainment,” the sale and […]