Section 6-5-155.2 – Who May File Action to Abate, Enjoin, and Prevent Drug-Related Nuisance; Commencement of Action.
Section 6-5-155.2 Who may file action to abate, enjoin, and prevent drug-related nuisance; commencement of action. Wherever there is reason to believe that a drug-related nuisance exists, the Attorney General, district attorney, the attorney for the county or municipality, a person residing in the county in which the property is located including a tenant of […]
Section 6-5-155.3 – Contents of Complaint; Supporting Affidavits.
Section 6-5-155.3 Contents of complaint; supporting affidavits. (a) The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug-related nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions: (1) Diminished property value. (2) Increased fear of residents to […]
Section 6-5-155.4 – Service of Summons and Complaint.
Section 6-5-155.4 Service of summons and complaint. A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in the action. Service shall be made in accordance with the Alabama Rules of Civil Procedure. If personal service cannot be made, service may be […]
Section 6-5-155.5 – Motion for Preliminary Injunction; Consolidation of Trial With Hearing on Motion; Other Equitable Relief.
Section 6-5-155.5 Motion for preliminary injunction; consolidation of trial with hearing on motion; other equitable relief. (a) Upon a filing of a motion for a preliminary injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion within 10 business days of the filing. If it appears by affidavit […]
Section 6-5-155.6 – Issuance of Ex Parte Restraining Order; Service; Inventory of Property Relating to Nuisance; Violation of Order; Contempt of Court.
Section 6-5-155.6 Issuance of ex parte restraining order; service; inventory of property relating to nuisance; violation of order; contempt of court. (a) The court, upon the application of the plaintiff, may issue an ex parte restraining order, restraining the defendant and all other persons from removing, or in any manner interfering with, the personal property […]
Section 6-5-155.7 – Civil Penalty.
Section 6-5-155.7 Civil penalty. In any action brought under this division, the complainants may request, and the court at its discretion may order a civil penalty of up to one thousand dollars ($1,000) for each day the nuisance exists, with the penalty payable to the general fund of the municipality in which the nuisance was […]
Section 6-5-155.8 – Protection of Witnesses.
Section 6-5-155.8 Protection of witnesses. If proof of the existence of the drug-related nuisance depends, in whole or in part, upon the affidavits of witnesses who are not law enforcement officers, upon a showing of prior threats of violence or acts of violence by any defendant or other person using the property alleged to be […]
Section 6-5-155.9 – Previous Conviction Not Required.
Section 6-5-155.9 Previous conviction not required. A previous conviction of the defendant, or anyone, shall not be required to demonstrate a drug-related nuisance. (Acts 1996, No. 96-566, p. 849, §10.)
Section 6-5-156 – Security Bond.
Section 6-5-156 Security bond. No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an attorney appearing for the county or municipality. Otherwise, at the discretion of the court, a security bond may be required to issue a preliminary injunction or temporary […]
Section 6-5-156.1 – Evidence of General Reputation of Property.
Section 6-5-156.1 Evidence of general reputation of property. In an action brought under this division, evidence of the general reputation of the property of the defendant shall be admissible for the purpose of proving a drug-related nuisance, and for the purpose of proving the knowledge of the defendant of the drug-related nuisance. (Acts 1996, No. […]