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 6-5-156.4 – 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 6-5-156.5 – 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 6-5-155.1 – Definitions.
Section 6-5-155.1 Definitions. The following words and phrases when used in this division shall have the meanings given to them in this section unless the context clearly indicates otherwise: (1) COMMUNITY-BASED ORGANIZATION. Any group, whether incorporated or unincorporated, affiliated with or organized for the benefit of one or more communities or neighborhoods containing an alleged […]
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 […]