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 6-5-155.3 – 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 6-5-160.3 – Standards of Proof; Remedies; Enforcement.
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally […]
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 […]
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 6-5-160.4 – Violation, Suspension, Cancellation of Abatement Order.
Section 6-5-160.4 Violation, suspension, cancellation of abatement 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 thirty thousand dollars ($30,000), or by imprisonment for not more than one year, or […]
Section 6-5-144 – Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing.
Section 6-5-144 Bond for preliminary injunction or temporary restraining order prior to hearing. No preliminary injunction or temporary restraining order shall be issued before hearing in any action commenced by a citizen or citizens under the provisions of this division unless such citizen or citizens have made bond in such sum as may be fixed […]
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 6-5-145 – Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt for Violation of Restraining Order.
Section 6-5-145 Issuance and return of temporary restraining order; return of inventory; contempt for violation of restraining order. (a) Where such application for a preliminary injunction has been made, the court or judge thereof may, on the application of the plaintiff, issue an ex parte temporary restraining order, restraining the defendants and all other persons […]
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 […]