Section 6-5-148 – Closing Place Pending Final Decision – Release of Property on Bond.
Section 6-5-148 Closing place pending final decision – Release of property on bond. The owner or owners of any real property or personal property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the hearing of the application for a permanent injunction, and, […]
Section 6-5-150 – Grant and Effect of Permanent Injunction.
Section 6-5-150 Grant and effect of permanent injunction. If upon the final hearing the allegations are sustained to the satisfaction of the court or judge, the court or judge shall enter a judgment restraining the defendants and all other persons from continuing the nuisance. When any injunction has been granted, it shall be binding on […]
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 6-5-152 – 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 6-5-153 – 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 6-5-154 – 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 6-5-140 – Definitions.
Section 6-5-140 Definitions. For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) PLACE. Any building, erection, or place, any separate part or portion thereof or the ground itself. (2) PERSON. Any individual, corporation, association, partnership, trustee, lessee, agent, or assignee. (3) NUISANCE. Any […]
Section 6-5-141 – Who Deemed Guilty of Maintaining Nuisance.
Section 6-5-141 Who deemed guilty of maintaining nuisance. Any person who shall use, occupy, establish, or conduct a nuisance, as defined in Section 6-5-140, or aid or abet therein, and the owner, agent, or lessee of any interest in any such nuisance, together with the person employed in or in control of any such nuisance […]
Section 6-5-142 – By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced.
Section 6-5-142 By whom action to abate and perpetually enjoin nuisance commenced. Whenever a nuisance exists, the Attorney General of the state, the district attorney or assistant district attorney, or any citizen or citizens may commence an action in the name of the State of Alabama, upon the relation of such Attorney General or such […]
Section 6-5-143 – Venue; Filing of Complaint; Application for Preliminary Injunction.
Section 6-5-143 Venue; filing of complaint; application for preliminary injunction. (a) Such action shall be commenced in the circuit court of the county in which the property is located. (b) At or before the commencement of the action, a verified copy of the complaint alleging the facts constituting the nuisance shall be filed in the […]