reglab/housing_qa huggingface dataset:
AL Code § 6-5-145 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-145 - Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt for Violation of Restraining Order.

Section 6-5-145Issuance 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 from the moving, or in any manner interfering with, the personal property and contents of the place where such nuisance is alleged to exist until the decision of the court or judge granting or refusing such preliminary injunction and until the further order of the court thereon. (b) The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein or by posting a copy thereof in a conspicuous place at, or upon one or more of the principal doors or entrances to such places, or the judge may order it served on the parties defendant. (c) The officer serving such restraining order shall forthwith make and return into the court an inventory of the personal property and contents situated in and used in conducting and maintaining such nuisance. (d) Any violation of such restraining order shall be a contempt of court; and, where such order is so posted, mutilation or removal thereof while the same remains in force shall be a contempt of court. (Acts 1919, No. 53, p. 52; Code 1923, §§9285, 9286; Code 1940, T. 7, §§1096, 1097.)
AL Code § 6-5-146 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-146 - Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction.

Section 6-5-146Service of complaint on and answer by defendants; granting of preliminary injunction. (a) A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction, shall be served upon the defendants at least five days before such hearing. If the hearing shall then be continued at the instance of any defendant, the temporary writ as petitioned for shall be granted as a matter of course. (b) Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint a verified answer on or before the date fixed in said notice for said hearing, and such answer shall be filed with the register or clerk of the court wherein such case is triable, but the court or judge may allow additional time for answering, providing such extension of time shall not prevent the issuing of said temporary writ as petitioned for. (Acts 1919, No. 53, p. 52; Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098, 1099.)
AL Code § 6-5-147 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-147 - Closing Place Pending Final Decision - Order.

Section 6-5-147Closing place pending final decision - Order. (a) If on the hearing for a preliminary injunction it shall appear that the person owning, in control, or in charge of the nuisance so enjoined has received five days' notice of the hearing, then, unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, the court or judge shall issue an order closing the place against its use for any purpose until final decision shall be entered on the application for a permanent injunction. (b) Such order shall also continue in effect for such further period the temporary restraining order provided in Section 6-5-145 if already issued or, if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as provided, and such restraining order shall be served and the inventory of such property shall be made and filed as provided in such section. (Acts 1919, No. 53, p. 52; Code 1923, §9290; Code 1940, T. 7, §1101.)
AL Code § 6-5-149 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-149 - Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment.

Section 6-5-149Precedence of action over other cases; evidence; dismissal of action; continuance; costs; judgment. (a) The action, when commenced, shall have precedence over all other cases except injunctions. (b) In such action, evidence of the general reputation of the place or any admission or finding of guilt of any person under the original laws against prostitution, lewdness, or assignation at any such place shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge of and acquiescence and participation therein on the part of the person, or persons, charged with maintaining such nuisance. (c) If the complaint is filed for the state by a citizen of the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his personal representative or agent, and his attorney or of the officer filing the complaint, setting forth the reasons why the action should be dismissed and the dismissal be approved by the attorney filing the complaint in writing or in open court. If the court or judge is of the opinion that the action ought not be dismissed, he may direct the district attorney to prosecute such action to judgment at the expense of the county, and if the action is continued more than once, any person who is a citizen of the county, the Attorney General, the district attorney may be substituted for the plaintiff and prosecute said action to judgment. (d) If the action is commenced by a person who is a citizen of the county and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed against such person. (e) If the existence of the nuisance is established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendants and any other person or persons from further maintaining the nuisance at the place complained of and the defendants from maintaining such nuisance elsewhere in the county. (Acts 1919, No. 53, p. 52; Code 1923, §9292; Code 1940, T. 7, §1103.)
AL Code § 6-5-148 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-148 - Closing Place Pending Final Decision - Release of Property on Bond.

Section 6-5-148Closing 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, upon payment of all costs incurred and upon the filing of a bond payable to the state by the owner of the real property, with sureties or a surety company to be approved by the register or clerk in the full value of the property to be ascertained by the court or the judge, conditioned that such owner or owners will immediately abate the nuisance and prevent the same from being established or kept until the decision of the court or judge shall have been entered on the application for a permanent injunction, then, in that case, the court or judge, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance and that with reasonable care and diligence such owner could not have known thereof, shall deliver such real or personal property, or both, to the respective owners thereof and cancel or refrain from issuing at the time of the hearing on the application for the injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property. The release of any personal property or real property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subjected by law. (Acts 1919, No. 53, p. 52; Code 1940, T. 7, §1102.)
AL Code § 6-5-150 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-150 - Grant and Effect of Permanent Injunction.

Section 6-5-150Grant 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 the defendants throughout the county. Any violation thereof shall be contempt of court and punished as provided in Section 6-5-154. (Acts 1919, No. 53, p. 52; Code 1923, §9289; Code 1940, T. 7, §1100.)
AL Code § 6-5-151 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-151 - Order of Abatement; Sale of Property.

Section 6-5-151Order 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 the removal from the place of all personal property and contents used in conducting the nuisance not already released under authority of the court as provided in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such thereof as belonged to the defendants notified or appearing in the manner provided for the sale of chattels under execution. (b) Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in Section 6-5-148 or, if not so furnished, shall continue for one year any closing order issued at the time of granting the preliminary injunction or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any purpose, so keeping it closed for a period of one year unless sooner released; but the owner of the place so closed and not released under bond as provided in Section 6-5-148 may appear and obtain such release in the manner and upon fulfilling the requirements as provided in such section. (c) The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law. (d) Owners of unsold property and contents so seized must appear and claim same within 10 days after such order of abatement is made and prove innocence to the satisfaction of the court of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence shall be so established, such unsold personal property and contents shall be delivered to the owner; otherwise, it shall be sold as provided in this section. (e) If any person shall break and enter or use a place so directed to be closed, he shall be punished for contempt as provided in Section 6-5-154. (Acts 1919, No. 53, p. 52; Code 1923, §§9293, 9294; Code 1940, T. 7, §§1104, 1105.)
AL Code § 6-5-152 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-152 - Fees of Officers Selling Property, Etc.

Section 6-5-152Fees 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 by the court. (Acts 1919, No. 53, p. 52; Code 1923, §9295; Code 1940, T. 7, §1106.)
AL Code § 6-5-153 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-153 - Effect of Establishment of Nuisance in Criminal Proceedings.

Section 6-5-153Effect 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 criminal proceedings, unless reversed or set aside, shall be conclusive as against the defendant as to the existence of the nuisance. The proceeds of the sale of the personal property as provided in Section 6-5-152 shall be applied in payment of the costs of the action and abatement, including the plaintiff's costs, or so much of such proceeds as may be necessary, except as provided in this division. (Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)
AL Code § 6-5-154 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 2 - Lewdness, Assignation, or Prostitution.|Section 6-5-154 - Violations Constituting Contempt; Proceedings Thereon.

Section 6-5-154Violations constituting contempt; proceedings thereon. (a) In case of the violation of any injunction or closing order granted under the provisions of this division or of any restraining order or the commission of any contempt of court in proceedings under this division, the court or the judge thereof may try and punish the offender. The proceedings shall be commenced by filing with the register or clerk of the court a complaint under oath setting out and alleging facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested; he may be released on bond, pending the hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may demand the production and oral examination of witnesses. (b) A party found guilty of contempt under the provisions of this section shall be punished by a fine of not less than $100 nor more than $200, or by imprisonment in the county jail not less than one nor more than three months, or by both such fine and imprisonment. (Acts 1919, No. 53, p. 52; Code 1923, §9297; Code 1940, T. 7, §1108.)
AL Code § 6-5-155 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 3 - Drug-Related Nuisances|Section 6-5-155 - Legislative Findings and Declarations.

Section 6-5-155Legislative 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 accommodations, as well as diminished property values. (3) Currently there are inadequate incentives for property owners to take a more active role in preventing the use of their property for the manufacture, use, sale, storage, or distribution of drugs. (Acts 1996, No. 96-566, p. 849, §1.)
AL Code § 6-5-155.2 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 3 - Drug-Related Nuisances|Section 6-5-155.2 - Who May File Action to Abate, Enjoin, and Prevent Drug-Related Nuisance; Commencement of Action.

Section 6-5-155.2Who 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 the property, or any community-based organization, may file an action in the circuit courts of this state to abate, enjoin, and prevent the drug-related nuisance. The actions shall be commenced by the filing of a complaint in circuit court of the county in which the nuisance is situated alleging the facts constituting the drug-related nuisance. (Acts 1996, No. 96-566, p. 849, §3.)
AL Code § 6-5-155.3 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 3 - Drug-Related Nuisances|Section 6-5-155.3 - Contents of Complaint; Supporting Affidavits.

Section 6-5-155.3Contents 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 walk through or in public areas, including sidewalks, streets, alleys, and parks. (3) Increased volume of vehicular and pedestrian traffic to and from the property. (4) An increase in the number of ambulance or police calls to the property which are related to the use of drugs, or to violence stemming from drug-related activity. (5) Bothersome solicitors or approaches by strangers wishing to sell drugs, or the aggressive solicitation of alms, on or near the property. (6) The display of dangerous weapons on or near the property. (7) Investigative purchases of drugs by law enforcement officers on or near the property. (8) Arrests of persons on or near the property. (9) Housing code violations relating to the property. (10) Health code violations relating to the property. (11) Accumulation of trash and refuse in common areas on or adjacent to the property. (12) Unsecured entryways on the property. (13) Loitering. (14) Unreasonable noise. (15) Search warrants served or executed at the property. (16) The number of complaints made to law enforcement and other government officials about the alleged illegal activity associated with the property. (17) The discharge of a firearm at the property. (18) Violations of zoning laws or regulations at the property. (b) The complaint shall contain a description of attempts made by the plaintiff, or any other person or entity, to notify the owner of the property on which the drug-related nuisance is situated and the resulting adverse impact thereof. No complaint shall be filed unless there has been at least one notice to the owner of the alleged drug-related nuisance 21 days prior to the filing of the complaint. Notice shall be served on the owner in accordance with the Alabama Rules of Civil Procedure. If personal service can not be made, service may be made by posting the papers at the property. (c) When an action is brought under this division by a private individual, the complaint shall be supported by at least five residents residing or owning real property within 1,000 feet of the premises alleged to be a drug-related nuisance. The support shall be in the form of an affidavit attesting to the fact that the residence of the affiant is within 1,000 feet of the alleged drug-related nuisance, and that the affiants have witnessed the alleged drug-related nuisance, and are aware of an adverse impact of the alleged drug-related nuisance. (Acts 1996, No. 96-566, p. 849, §4.)
AL Code § 6-5-155.4 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 3 - Drug-Related Nuisances|Section 6-5-155.4 - Service of Summons and Complaint.

Section 6-5-155.4Service 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 made by posting the papers at the property. If service is made by posting papers to the property, a copy of the summons and complaint shall be mailed to the last known mailing address, if any, of the defendant. (Acts 1996, No. 96-566, p. 849, §5.)
AL Code § 6-5-155.5 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 3 - Drug-Related Nuisances|Section 6-5-155.5 - Motion for Preliminary Injunction; Consolidation of Trial With Hearing on Motion; Other Equitable Relief.

Section 6-5-155.5Motion 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 or otherwise, that there is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant other relief as the court may deem to be appropriate, including those remedies provided by Section 6-5-156.3. (b) When appropriate, the court shall order the trial of the action on the merits to be advanced and consolidated with the hearing on the motion for a preliminary injunction. (c) This section shall not be construed to prohibit the application for or the granting of a temporary restraining order or other equitable relief provided by law. (Acts 1996, No. 96-566, p. 849, §6.)
AL Code § 6-5-155.6 (2021)
2021 Code of Alabama|Title 6 - Civil Practice.|Chapter 5 - Actions.|Article 9 - Nuisances.|Division 3 - Drug-Related Nuisances|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 6-5-155.6Issuance 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 and contents of the place where the drug-related nuisance is alleged to exist, until a decision of the court granting or refusing to grant a temporary injunction, or until further order of the court. (b) The restraining order may be served by handing it to and leaving a copy of the order with any person appearing to reside therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to the place, or by both delivery and posting. (c) The officer serving a restraining order shall forthwith attempt to make and return to the court an inventory of the personal property and contents situated in, and apparently used in, conducting or maintaining the drug-related nuisance. Any violation of the restraining order shall be a contempt of court, and where the order is posted, if it is removed or mutilated while it remains in force, is a contempt of court, provided that the posted order contains a notice to that effect. (Acts 1996, No. 96-566, p. 849, §7.)