The Birmingham age-herald., 1915-10-23

the same may be adjourned all persons whose property may be affected by any proposed improvement in any such city may appear in person or by attorney by petition, and object or protest against said improvement. the material used, the manner of making the same. the manner in which will affect their property, the grades of the said Improvements. tho failure of the governing body of such city to comply with the law providing for such improvements. and any other grounds of objection or protest, and the failure oc any person whose property may be af- fected by the proposed Improvements to so object or protest at such time, shall thereafter estop him, his heirs, personal representative privies and assigns. from objecting. defending or protesting against the said improvements in any manner or in any court by reason of any technical defect in the improvement ord- nance or by reason of the manner of the passage of the same; provided, however. that he shall thereafter at the proper time, and as provided by law, have the right to object to the confirmation of the assessment to be levied on his property upon the grounds that the same is in ex- cess of the increased value. of such prop erty by reason of the special benefits to be derived from such improvements. And the governing body of such city shall consider such objections and protests. If any. and may confirm, amend, modify or rescind the original order or resolution, but If objection to the proposed improve ments be made by a majority in iron tage of the property owners to be affected thereby. when the proposed Improvements are to be assessed against the property fronting or abutting on a street. avenue, or alley or by majority in area of the property owners, when the proposed inn provements are to be assessed against the cnnnriSinp n drainage or improvement district. the improvement shall not take place unless ordered by two-thirds vote of those elected to the board or other governing body of such city.
 Sec. 21. If on hearing of any cause on appeal from the decision of the govern ing body Of any such city in making any assessment against any property for pub lie improvements, there should be no judgment rendered in favor of such city or, if it shall appear that the property owner prior to any settling of the cause on appeal shall have rendered such city an amount equal to or in excess of the judgment rendered in favor Of such city, then the cost of such appeal shall be taxed by the court against such city; otherwise they shall be taxed and shall be chargeable against the property owner and said lot or land, in addition to other costs chargeable on such appeal, there shall be taxed as costs in each case the cost of making a transcript of the proceedings provided for In sec ton 1892 of the code which shall be charged at the rate of 10 cents per one hundred words and shall be collected as other costs are collected for the benefit of such city.
 Sec %. If there be street, electric, or ether railroad track or tracks on any street or highway in any such city inn rA{t rAA dnr n pti chapter 32 of the code of 1907 or under any general law of this state the cost of such improvement, except storm water and sanitary sewers, between the tracks and the rails of the tracks, and in case there are two or more tracks, the space between such tracks, and IS inches on each side of the tracks, including switches and turnouts shall be paid by the owner of such railroad, and shall be assessed against and form a lien on said rail- road, and the property connected there with and in the event that storm water sewers are constructed which drain the streets or avenues or rights of way on which is a street, electric, or other rail road, whether the same be a continued or separate stream, there shall be assessed against such railroad fair and just proportion of the cost of con- struction of such sewer, to be determined by the governing body of such city, and such assessment shall be lien like other assessments and may be collected in like manner, and upon the failure of the owner of the said street, electric, or other railroad to pay any such assessment levied as provided in this section, or to appeal from the levy of said assessment within 20 days after the same shall have been made final. or to promptly pay any amount adjudged to be due upon any appeal from the levy of said assessment, h. ft.x. interest provided by law by an action at law in the nature of an action of debt in which said city may obtain per sonal judgment against such owner, and have execution and other process such as is proper in such actions to enforce such judgment as may be obtained, or said city may enforce said lien in equity either by sale of the whole of the right of way, property and franchises of said street. electric, or other railroad. or such part thereof as may be necessary to collect the said assessment, or py re- ceivership and the sequestration of the in- come or earnings, or both, of said street, electric or other railroad, and the coun- cil may require the owners of such street railroad or other railroads to. prepare or construct it's tracks for the receipt of such pavings or other improvements in a manner satisfactory to the council. Such city may in like manner collect all assessments heretofore levied against the property of any such street, electric or other railroad for any such improvements under any improvement ordinance here tofore adopted
 Sec. 23. All liens nor or hereafter ac- quired by such cities for public inn provements under the general laws of this state shall continue until the same are paid or satisfied in full.
 Sec 24 Such cities may require that all buildings and structures therein be kept in a safe and tenantable condition or be removed. and they may provide for condemnation of buildings and structures, or parts of buildings and structures, party walls and foundations when the same are unsafe, or are like ly to become unsafe from any cause. And upon the failure of any person, firm or corporation whose duty it may be to remedy any unsafe. insanitary or dangerous condition. of any building or structure. or any appurtenances thereto or therein. or to remove the same upon such notice as may be prescribed by such city then such city may proceed to remedy such conditions or remove such building or structure, or such part thereof as may be unsafe or Is likely to become unsafe from any cause, and the expense incurred in remedying such condition or in such removal shall be a debt due by the owner of the build- ing to the city and may be collected by the city, and shall constitute a lien upon said property superior to all other liens except for taxes and assessments for local improvements, which lien may be enforced by any court having juris- diction of any suit brought by the city to collect said debt or in the chan