The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-11-09
CITY ORDINANCES

| given Dy publication IN a newspaper
doing city printing and a copy of such
notice and of such publication shall be
mailed to the last known address of such
owner disclosed by the tax assess
ments in the office of the tax assessor
| of Jefferson county, Alabama, by regis
tered mail, postage prepaid.
| The notice hereinabove provided for
| shall fix time and place at which the
commission will hear any cause or rea-
! sons which such owner or his agent may
desire to present to show why an order
| should not be made for the condemna-
| ton of said building, and requiring the
same TO be torn down or removed, which
Gay so fixed shall not be less than three
nor more than 10 days after the issuance
| of such notice, and the time and place
shall be stated in the notice. At the time
and place mentioned in said notice the
commission shall proceed to hear the mat
ter and shall make such order and pass
such resolution in regard to such build
| ing or structure or the part thereof as
| shall appear to be reasonably necessary
| to protect the public against the unsafe,
unsanitary or untenable condition of said
| building or part of said building or
structure
| Sec. 4. In the event the commission
| shall make an order for the condemna-
| ton of said building, said building shall
thereupon be torn down or removed in
SUCH manner as may IN SuCh order be dl-
rected.
| Sec. 5. In addition to the foregoing
regulations for the condemnation of such
buildings and structures, it shall be the
duty of the building inspector, whenever
| 1t comes to his notice or attention, that
any person, firm or corporation whose
| duty it may be to remedy any unsafe,
unsanitary or dangerous condition of any
| building or structure, or any appurten-
4~
| the same, has suffered, caused or al
lowed such building to become in an I'M
| safe, untenable, dangerous or unsanitary
\ condition, in whole or in part, and in the
| opinion of such inspector said building
can be repaired and made safe or sani-
| tary or tenable, to give to the owner or
| his agent written notice by registered
| mail OF the unsafe, unsanitary, untenable
| or dangerous condition of such building
| or structure, or appurtenances therein or
| thereto, or part of such building or struc-
| ture, or party wall or foundation, as the
| case may be, which notice shall pre-
| scribe such repairs as shall be necessary
| to be made in order to render such build
| ing or structure in a SAFE sanitary or
| tenable condition, as the case may be-
| and it shall thereupon be the duty of
such person owning said building, or his
| agent In control or charge thereof, within
| rive days to make such repairs as are
| necessary to render said building or
| structure safe, tenable and sanitary and
| to remove any unsafe, dangerous, un-
| sanitary or untenable condition in any
! such building, structure or part of such
| building or structure within the time
hereinabove provided.
| Sec. g. Upon the failure of any person,
| 1irm or corporation, whose duty 1t may
| be to remedy any unsafe, unsanitary or
dangerous condition of any building or
| structure, or any appurtenance thereto
| or therein, or to remove the same in the
event the same is condemned as herein
| above provided, or to repair the same
| within the time specified in such notice,
1t shall thereupon be the duty of the
| building inspector to bring such failure
| to the attention of the commission at it's
next regular meeting, and thereupon the
| commission shall proceed to adopt a reso-
| luton to provide for the remedying OF
such condition or for the removal of such
| building or structure or such part thereof
as may be unsafe or is likely to become
| unsafe from any cause and the reason
| able expenses incurred in remedying such
J condition Or in such removal, shall be
| debt due by the owner of the building
to the city of Birmingham, and it shall
be the duty Of the city attorney to pro-
coed to collect the same for and on be-
| half Of the city of Birmingham, and it
4
| file in the office Of the probate judge of
Jefferson county. Alabama, notice Of
lien upon the property of such owner
| upon which said unsafe, unsanitary I'M
! tenable or dangerous building may be
| situated, and upon the filing of such no.
| tice of lien in the office of the probate
| judge within 80 days after the completion
| of such repairs or removal, the city shall
have a lien on said property superior
| to all other liens, except for taxes and
| assessments for local improvements,
| which lien may be enforced by any
| court having jurisdiction of any suit
| brought by the city to collect said debt
| or by bill filed in the chancery court or
court of chancery jurisdiction.
The notice of lien hereinabove provided
| to be filed shall be verified by the oath
of the building inspector shall contain
a brief statement showing the name of
| the owner of such property and descrip-
| ton OF the property upon which said
| repairs were made, or from which the
unsafe, dangerous, unsanitary or unten-
able building was removed, and brief
| statement of the repairs made or work
done and material furnished, together
with the cost of the same, the date on
which the work was begun and the date
| on which the same was completed, and
| said notice shall contain a statement to
the effect that the city of Birmingham
| claims lien on said property under sec
| ton "a of an act Of the legislature Of
1915, approved August 20, 1915. and ap-
pearing on pages 294 and 302 Of the gen
eral acts of Alabama for the year 1915
| Sec. z. Within 60 days after the filing
of such notice of such lien in the Of
| flee of the probate judge OF Jefferson
county. Alabama, in the event the said
lien shall not have been satisfied or
| discharged. or at any time prior to 90
days after the filing Of said claim or
| notice of lien, it shall be the duty Of the
| city attorney to proceed in the court
! having jurisdiction, as hereinabove pro-
| vided. to enforce the lien of the city,
| either at law or in equity.
| Approved November 8. 1916.
GEORGE B. WARD,
President Board of Commissioners.
| true copy:
C. 3. LLOYD, City Clerk.
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