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 6-5-156 – 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 6-5-150 – 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 6-5-156.1 – 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. […]
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 […]