reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 1 - In General. › Section 11-40-18.2 - Liability and Indemnification Under Firemen's and Policemen's Supplemental Pension System.

Section 11-40-18.2
Liability and indemnification under firemen's and policemen's supplemental pension system.
In the absence of wantonness or willful misconduct, in any Class 1 municipality, the board of firemen and policemen for the Class 1 municipality, the members of the board of firemen and policemen, and any officer, employee, or agent of a Class 1 municipality or of the board of firemen and policemen shall not incur any liability, individually or on behalf of any other individuals or on behalf of a Class 1 municipality or the board of firemen and policemen in a Class 1 municipality, for any act or failure to act in relation to the plan or the fund of any firemen's and policemen's supplemental pension system established pursuant to Act 556 of the 1959 Regular Session (Acts 1959, p. 1376).
In the absence of wantonness or willful misconduct, officers and members of the board, employees in any Class 1 municipalities, and agents of any Class 1 municipality and of the board of firemen and policemen shall be indemnified against any and all liabilities arising by reason of any act, or failure to act, in relation to the plan or the fund of the firemen's and policemen's supplemental pension system. This indemnification shall not apply to any act or failure to act made in bad faith, nor shall it apply to a paid consultant or paid agent of the fund. This indemnification shall include, without limitation, expenses reasonably incurred in the defense of any claim relating to the plan or the fund of the firemen's and policemen's supplemental pension system, and amounts paid in any compromise or settlement relating to the plan or the fund of the firemen's and policemen's supplemental pension system. The indemnification shall be paid from the fund and shall apply retrospectively as well as prospectively.
(Act 2001-966, 3rd Sp. Sess., p. 860, §1; Act 2004-438, p. 748, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 1 - In General. › Section 11-40-20 - Operation of Hotel and Related Facilities by Class 1 Municipalities and Certain Public Corporations - Hotel Management Contracts.

Section 11-40-20
Operation of hotel and related facilities by Class 1 municipalities and certain public corporations - Hotel management contracts.
Any municipality or separate public corporation authorized to own and operate a hotel pursuant to the provisions of Section 11-40-19 and this section may operate such hotel through one or more management contracts with private companies experienced in the operation of hotels, and such management contract shall be exempt from the provisions of Sections 41-16-50 through 41-16-63, inclusive, and shall be awarded for such term and in accordance with such conditions as shall be determined by the governing body of said municipality or separate public corporation, as the case may be. Nothing contained in Section 11-40-19 or this section shall be construed to limit any hotel owned and operated by any municipality or public corporation to providing services to persons attending conventions that use the civic center facilities owned by such municipality or public corporation, and any hotel owned and operated by a municipality or a public corporation pursuant to Section 11-40-19 and this section shall be entitled to serve the general public to the full extent permitted hotels under the laws of the state.
(Acts 1989, No. 89-794, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 1 - In General. › Section 11-40-21 - Number of Members on Municipal Boards, Committees, etc., in Class 3 Municipalities.

Section 11-40-21
Number of members on municipal boards, committees, etc., in Class 3 municipalities.
In any Class 3 municipality, any law to the contrary notwithstanding, the number of members who shall serve on any existing or future municipal board, committee, or like body, shall be the same as the number of members on the municipal governing body unless the municipal governing body by a two-thirds vote of the total membership of the municipal governing body shall provide for a greater or lesser number of members.
(Acts 1993, No. 93-704, p. 1349, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 1 - In General. › Section 11-40-22 - Mayor Authorized to Award Municipal Employees for Exemplary Performance, Etc.

Section 11-40-22
Mayor authorized to award municipal employees for exemplary performance, etc.
(a) Notwithstanding any limitations of law pertaining to the municipality, the mayor of any municipality in Alabama is hereby authorized, subject to budget restraints approved by the governing body, to make cash or non-cash awards not to exceed $1,000 to employees of the municipality in recognition of exemplary performance or for innovations that significantly reduce costs or result in outstanding improvements in services to the public.
(b) Any employee selected to receive a cash or non-cash award for exemplary performance or for innovations that significantly reduce costs must first be recommended by his or her supervisor and approved by the governing body of the municipality.
(c) Nothing in this section shall affect any program in existence on September 22, 1997.
(Acts 1997, No. 97-948, §§ 1, 2; Act 98-614, p. 1354, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 1 - In General. › Section 11-40-23 - License Tax for Collecting, etc., Waste Grease and Animal By-Products.

Section 11-40-23
License tax for collecting, etc., waste grease and animal by-products.
Each person engaged in the business of purchasing and receiving or collecting waste grease and animal by-products for rendering or recycling, from businesses, schools, and institutions located in various cities of the state, shall pay the following annual license tax in cities of:
over 100,000 population
$50.00
25,000 to 100,000 population
25.00
12,000 to 25,000 population
20.00
6,000 to 12,000 population
15.00
2,000 to 6,000 population
10.00
0 to 2,000 population
5.00
(Formerly §40-12-180; Acts 1991, No. 91-598, p. 1101, §1; transferred to this section by Act 99-526, p. 1152, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 1 - In General. › Section 11-40-24 - Employees of Separately Incorporated Public Corporation Not Deemed Employees of Municipality.

Section 11-40-24
Employees of separately incorporated public corporation not deemed employees of municipality.
Notwithstanding any other provision of law, employees of any separately incorporated public corporation authorized to be created by a municipality pursuant to state law are employees of that separately incorporated entity and are not employees of the municipality authorizing the creation of the entity.
(Act 2006-548, p. 1265, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 1 - In General. › Section 11-40-25 - Municipal Officers Removed by Operation of Law.

Section 11-40-25
Municipal officers removed by operation of law.
(a) For purposes of this section, the term elected municipal official means any mayor, council member, or commission member elected or appointed to municipal office whose presence at council or commission meetings is counted towards establishing a quorum.
(b) Any elected municipal official who misses all regular and special called council or commission meetings for 90 consecutive days, beginning on the date of any absence, shall be removed from office by operation of law.
(c) For the purpose of applying subsection (b), on the date and time of any regular or special called council or commission meeting of a municipality, the clerk shall make a record of all elected municipal officials present or absent regardless of whether or not a quorum is present.
(d) At the next council or commission meeting following the date an elected municipal official has been removed from office pursuant to this section, the council or commission may vote to reinstate the elected municipal official removed from office as provided herein for any mitigating or extenuating circumstances as determined by a majority vote of the remaining voting members of the council or commission, including the mayor if the mayor is a voting member of the council as provided by law.
(e) If the council or commission does not reinstate the removed elected municipal official pursuant to subsection (d), the council or commission shall fill the vacancy as provided by law.
(f) This section shall not apply to any elected municipal official whose absence from any council or commission meeting is a result of military service.
(Act 2010-611, p. 1567, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 2 - Demolition of Buildings and Structures. › Section 11-40-30 - Demolition of Unsafe Structures.

Section 11-40-30
Demolition of unsafe structures.
Any incorporated municipality of the state may, after notice as provided herein, move or demolish buildings and structures, or parts of buildings and structures, party walls, and foundations when found by the governing body of the municipality to be unsafe to the extent of being a public nuisance from any cause.
(Acts 1989, No. 89-376, §1; Act 99-702, 2nd Sp. Sess., p. 216, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 2 - Demolition of Buildings and Structures. › Section 11-40-31 - Notice From Appropriate Municipal Officer of Unsafe Condition.

Section 11-40-31
Notice from appropriate municipal officer of unsafe condition.
The term "appropriate municipal official" as used in this article shall mean any municipal building official or deputy and any other municipal official or municipal employee designated by the mayor or other chief executive officer of the municipality as the person to exercise the authority and perform the duties delegated by this article. Whenever the appropriate municipal official of the municipality finds that any building, structure, part of building or structure, party wall, or foundation situated in the municipality is unsafe to the extent that it is a public nuisance, the official shall give the person or persons, firm, association, or corporation last assessing the property for state taxes and all mortgagees of record, by certified or registered mail to the address on file in the tax collector's or revenue commissioner's office, notice to remedy the unsafe or dangerous condition of the building or structure, or to demolish the same, within a reasonable time set out in the notice, which time shall not be less than 30 days or suffer the building or structure to be demolished by the municipality and the cost thereof assessed against the property. The mailing of the certified or registered mail notice, properly addressed and postage prepaid, shall constitute notice as required herein. Notice of the order, or a copy thereof, shall, within three days of the date of mailing, also be posted at or within three feet of an entrance to the building or structure. If there is no entrance, the notice may be posted at any location on the building or structure.
(Acts 1989, No. 89-376, §2; Act 99-702, 2nd Sp. Sess., p. 216, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 2 - Demolition of Buildings and Structures. › Section 11-40-32 - Hearing; Appeal.

Section 11-40-32
Hearing; appeal.
(a) Within the time specified in the notice, but not more than 30 days from the date the notice is given, any person, firm, or corporation having an interest in the building or structure may file a written request for a hearing before the governing body of the municipality, together with his or her objections to the finding by the municipal official that the building or structure is unsafe to the extent of becoming a public nuisance. The filing of the request shall hold in abeyance any action on the finding of the municipal official until determination thereon is made by the governing body. Upon holding the hearing, which hearing shall be held not less than five nor more than 30 days after the request, or in the event no hearing is timely requested, the governing body, after the expiration of 30 days from the date the notice is given, shall determine whether or not the building or structure is unsafe to the extent that it is a public nuisance. If it is determined by the governing body that the building or structure is unsafe to the extent that it is a public nuisance, the governing body shall order the building or structure to be demolished. The demolition may be accomplished by the municipality by the use of its own forces, or it may provide by contract for the demolition. The municipality may sell or otherwise dispose of salvaged materials resulting from the demolition.
(b) Any person aggrieved by the decision of the governing body at the hearing may, within 10 days thereafter, appeal to the circuit court upon filing with the clerk of the court notice of the appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of the notice of appeal and approval of the bond, the clerk of the court shall serve a copy of the notice of appeal on the clerk of the municipality and the appeal shall be docketed in the court, and shall be a preferred case therein. The clerk of the municipality shall, upon receiving the notice, file with the clerk of the court a copy of the findings and determination of the governing body in its proceedings. Any trials shall be held without jury upon the determination of the governing body that the building or structure is unsafe to the extent that it is a public nuisance.
(Acts 1989, No. 89-376, §3; Act 99-702, 2nd Sp. Sess., p. 216, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 2 - Demolition of Buildings and Structures. › Section 11-40-33 - Costs of Demolition.

Section 11-40-33
Costs of demolition.
Upon demolition of the building or structure, the appropriate municipal official shall make a report to the governing body of the cost thereof, and the governing body shall adopt a resolution fixing the costs which it finds were reasonably incurred in the demolition and assessing the costs against the property. The proceeds of any moneys received from the sale of salvaged materials from the building or structure shall be used or applied against the cost of demolition. Any person, firm, or corporation having an interest in the property may be heard at the meeting as to any objection to the fixing of the costs or the amounts thereof. The municipal clerk of the municipality shall give notice of the meeting at which the fixing of the costs is to be considered by first-class mail to all entities having an interest in the property whose address and interest is determined from the tax collector's or revenue commissioner's records on the property or is otherwise known to the clerk. The fixing of the costs by the governing body shall constitute a special assessment against the lot or lots, parcel or parcels of land upon which the building or structure was located, and thus made and confirmed shall constitute a lien on the property for the amount of the assessment. The lien shall be superior to all other liens on the property except liens for taxes, and shall continue in force until paid. A certified copy of the resolution shall also be filed in the office of the judge of probate of the county in which the municipality is situated. Upon filing, the tax collector or revenue commissioner of the county shall add the amount of the lien to the ad valorem tax bill on the property and shall collect the amount as if it were a tax and remit the amount to the municipality.
(Acts 1989, No. 89-376, §4; Act 99-702, 2nd Sp. Sess., p. 216, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 2 - Demolition of Buildings and Structures. › Section 11-40-34 - Assessment of Costs.

Section 11-40-34
Assessment of costs.
The municipality may assess the costs authorized herein against any lot or lots, parcel or parcels of land purchased by the State of Alabama at any sale for the nonpayment of taxes, and where the assessment is made against the lot or lots, parcel or parcels of land, a subsequent redemption thereof by any person authorized to redeem, or sale thereof by the state, shall not operate to discharge, or in any manner affect the lien of the municipality for the assessment, but any redemptioner or purchaser at any sale by the state of any lot or lots, parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale to the state for the nonpayment of taxes, shall take the same subject to the assessment. The assessment shall then be added to the tax bill of the property, collected as a tax, and remitted to the municipality.
(Acts 1989, No. 89-376, §5; Act 99-702, 2nd Sp. Sess., p. 216, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 2 - Demolition of Buildings and Structures. › Section 11-40-35 - Payment of Assessments.

Section 11-40-35
Payment of assessments.
Payment of the assessment shall be made in the manner and as provided for the payment of municipal improvement assessments in Section 11-48-48, as the same has heretofore or may hereafter be amended. Any Class 2 municipality may use the provisions of Section 11-48-48.1 as the same has heretofore or may hereafter be amended. Upon the property owner's failure to pay the assessment the officer designated by the municipality to collect the assessments shall proceed to collect the assessment as provided in Sections 11-48-49 to 11-48-60, inclusive. The municipality may, in the latter notice, elect to have the tax collector or revenue commissioner collect the assessment by adding the assessment to the tax bill. Upon the election, the tax collector or revenue commissioner shall collect the assessment using all methods available for collecting ad valorem taxes.
(Acts 1989, No. 89-376, § 6; Act 99-702, 2nd Sp. Sess., p. 216, § 1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 2 - Demolition of Buildings and Structures. › Section 11-40-36 - Article Cumulative.

Section 11-40-36
Article cumulative.
This article is cumulative in nature and is in addition to any power and authority which any municipality may have under any other law.
(Acts 1989, No. 89-376, § 7; Act 99-702, 2nd Sp. Sess., p. 216, § 1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3 - Continued Use and Occupancy of Buildings in Class 2 Municipalities. › Section 11-40-50 - Meaning of "Appropriate City official."

Section 11-40-50
Meaning of "appropriate city official."
Repealed by Act 2017-304, §11, effective May 16, 2017.
(Acts 1992, No. 92-471, p. 939, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3 - Continued Use and Occupancy of Buildings in Class 2 Municipalities. › Section 11-40-51 - Authority of City to Prescribe Standards for Continued Use and Occupancy of Buildings.

Section 11-40-51
Authority of city to prescribe standards for continued use and occupancy of buildings.
Repealed by Act 2017-304, §11, effective May 16, 2017.
(Acts 1992, No. 92-471, p. 939, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3 - Continued Use and Occupancy of Buildings in Class 2 Municipalities. › Section 11-40-52 - Administrative Review; Petition; Hearing.

Section 11-40-52
Administrative review; petition; hearing.
Repealed by Act 2017-304, §11, effective May 16, 2017.
(Acts 1992, No. 92-471, p. 939, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3 - Continued Use and Occupancy of Buildings in Class 2 Municipalities. › Section 11-40-53 - Appeal From Order of Administrative Review Body to Circuit Court.

Section 11-40-53
Appeal from order of administrative review body to circuit court.
Repealed by Act 2017-304, §11, effective May 16, 2017.
(Acts 1992, No. 92-471, p. 939, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3 - Continued Use and Occupancy of Buildings in Class 2 Municipalities. › Section 11-40-54 - Failure of Owner to Comply With Notice of Non-Conformity, Certificate of Modified Approval, etc.; Civil Penalties; Collection and Enforcement of Penalties.

Section 11-40-54
Failure of owner to comply with notice of non-conformity, certificate of modified approval, etc.; civil penalties; collection and enforcement of penalties.
Repealed by Act 2017-304, §11, effective May 16, 2017.
(Acts 1992, No. 92-471, p. 939, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3A - Use and Occupancy of Building in Class 2 Municipalities. › Section 11-40-60 - Applicability to Class 2 Municipalities.

Section 11-40-60
Applicability to Class 2 municipalities.
This article applies only to Class 2 municipalities.
(Act 2017-304, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3A - Use and Occupancy of Building in Class 2 Municipalities. › Section 11-40-61 - Adoption of Article; Exception.

Section 11-40-61
Adoption of article; exception.
(a) The provisions of this article shall apply in any Class 2 municipality that adopts the provisions of this article to be applicable to the collection of municipal code liens as to real property, other than owner occupied property, in the municipality.
(b) The provisions of this article shall not apply to owner occupied property.
(Act 2017-304, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3A - Use and Occupancy of Building in Class 2 Municipalities. › Section 11-40-63 - Violations of Class 2 Municipality Housing and Building Code; Priority of Liens.

Section 11-40-63
Violations of Class 2 municipality housing and building code; priority of liens.
(a) Notwithstanding any law to the contrary, any fees, penalties, and abatement costs imposed against property other than owner occupied real property for violations of a Class 2 municipality's housing and building codes adopted pursuant to the Code of Alabama 1975, may be enforced in rem as a lien in accordance with this article.
(b) Every municipal code lien, as defined in this article, shall be superior to all other liens, except those liens for taxes described or referenced in Section 11-51-6.
(Act 2017-304, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3A - Use and Occupancy of Building in Class 2 Municipalities. › Section 11-40-64 - Nature of Rights and Remedies.

Section 11-40-64
Nature of rights and remedies.
(a) Any Class 2 municipality to which this article applies may proceed with judicial in rem foreclosures of municipal code liens in accordance with the provisions of this article by enactment of an ordinance or resolution of the governing authority of the Class 2 municipality in which the real property is located which ordinance or resolution shall be sufficient authority for use of this article by the Class 2 municipality to enforce its municipal code liens.
(b) The ordinance of a Class 2 municipality authorizing and approving the use of this article shall include all the following matters:
(1) The initial effective date for application of these procedures.
(2) If the Class 2 municipality elects not to apply these procedures to all real properties as of the same future date, then the phase-in of these procedures over a period of time and the manner of determination of which real properties are subject in which sequence to these procedures.
(3) The explicit exclusion of owner-occupied properties from the application of the judicial in rem foreclosure procedures authorized in this article.
(4) The nature and extent of notices, support services, and referrals to be provided to the owners and occupants of owner-occupied properties.
(5) Any other matters the Class 2 municipality specifies to be addressed through administrative regulations and policies.
(c) The provisions of the Class 2 municipality ordinance and administrative regulations and policies issued pursuant thereto shall not be in conflict with Sections 11-40-66 through 11-40-69.
(d) Proceedings in accordance with this article are designed solely to enforce the municipal code lien for real property subject to the municipal code lien and shall not constitute an action for personal liability for the municipal code liens against the owner or owners of the real property.
(e) The rights and remedies set forth in this article are available solely to the governmental entities authorized by law to enforce municipal ordinances and shall not extend to any nongovernmental transferee of municipal code liens.
(f) A Class 2 municipality that has adopted the provisions of this article and that seeks to enforce a municipal code lien through the sale of real property shall utilize the judicial in rem proceedings of this article as the sole remedy for the enforcement through the sale of real property.
(g) The enforcement proceedings authorized by this article may be initiated only by the Class 2 municipality.
(Act 2017-304, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3A - Use and Occupancy of Building in Class 2 Municipalities. › Section 11-40-66 - Judicial Hearing.

Section 11-40-66
Judicial hearing.
(a) The Class 2 municipality shall request that a judicial hearing on the petition occur not earlier than 30 days nor more than 90 days following the filing of the petition. At the judicial hearing, any interested party shall have the right to be heard and to contest the delinquency of the municipal code lien, the adequacy of the proceedings, the classification of the property as owner occupied, and the amount of the tax payoff. If the court determines that the information set forth in the petition is accurate, the court shall render its judgment and order that:
(1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition are delinquent.
(3) Proper notice has been given to all interested parties.
(4) The property is not owner occupied.
(5) The property as described in the petition be sold in accordance with the provisions of this article.
(6) The sale shall become final and binding immediately after the sale is conducted in accordance with Section 11-40-68.
(b) The order of the court shall provide that the property be sold free and clear of all liens, claims, and encumbrances other than:
(1) Rights of redemption provided under federal law.
(2) Taxes assessed against real property that are due but not yet delinquent as of the date of the court's order.
(3) An easement which burdens the real property, a real covenant which burdens the real property, and any utility easement which benefits the real property as of the date of the filing of the municipal code lien on which the Class 2 municipality is seeking to foreclose under this article.
(c) If at any point in the proceedings the court determines that the property is owner occupied, then the Class 2 municipality shall seek immediate dismissal of the proceedings.
(Act 2017-304, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3A - Use and Occupancy of Building in Class 2 Municipalities. › Section 11-40-67 - Redemption of Property Prior to Sale by Payment of Redemption Amount.

Section 11-40-67
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE MAY 16, 2017. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Redemption of property prior to sale by payment of redemption amount.
(a) At any point prior to the moment of the sale, any interested party may redeem the real property from the sale by payment of the redemption amount. Payment shall be made to the Class 2 municipality. Following receipt of the payment, the Class 2 municipality shall file for dismissal of the proceedings.
(b) In the event of the payment by the owner of the real property, the proceedings shall be dismissed and the rights and interests of all interested parties shall remain unaffected.
(c) In the event of payment by any interested party other than the owner, the party making the payment shall possess a lien on the real property for the full amount of the payment, which lien shall have the same priority as the municipal code lien discussed in subsection (b) of Section 11-40-63. The lienholder shall have the right to enforce the lien as permitted to the holder of any lien under existing law. The lienholder shall not otherwise succeed to the rights of the Class 2 municipality or tax certificate holder.
(Act 2017-304, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 3A - Use and Occupancy of Building in Class 2 Municipalities. › Section 11-40-69 - Avenue for Input by Adjoining Property Owners.

Section 11-40-69
Avenue for input by adjoining property owners.
Any municipal ordinance enacted pursuant to this article shall include an avenue for input by adjoining property owners to participate in the rehabilitation and use of the property subject to this article.
(Act 2017-304, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 4 - Convenient Right-of-Way Acquisition Within Planning Jurisidiction of a Class 2 Municipality. › Section 11-40-70 - Right-of-Way Acquisition.

Section 11-40-70
Right-of-way acquisition.
The owner of any tract or body of land, located within the planning jurisdiction of any Class 2 municipality, no part of which tract or body of land is adjacent or contiguous to any public road or highway, shall have and may acquire pursuant to Article 1 of Chapter 3, Title 18, a convenient right-of-way, not exceeding in width 50 feet, over the lands intervening and lying between the tract or body of land and the public road nearest or most convenient thereto provided written approval is obtained from the municipal government and the planning board of the municipality, when a right-of-way exceeding 30 feet is needed to comply with local ordinances or conditions of the municipality.
(Act 2000-785, p. 1845, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 5 › Section 11-40-80 - Applicability.

Section 11-40-80
Applicability.
This article shall apply to all municipalities in this state incorporated after 1990 which are located in a county in which another municipality in that county has zoning authority in its police jurisdiction.
(Act 2019-251, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 5 › Section 11-40-81 - Division of Territory Within Police Jurisdiction; Municipal Zoning Authority.

Section 11-40-81
Division of territory within police jurisdiction; municipal zoning authority.
(a) Any municipality in this state incorporated after 1990, which is located in a county in which another municipality in that county has zoning authority in its police jurisdiction, may divide the territory within its police jurisdiction into business, industrial, and residential zones or districts and, at its option, may provide the kind, character, and use of structures and improvements that may be erected or made within the several zones or districts established and, from time to time, may rearrange or alter the boundaries of the zones or districts and may also adopt ordinances as are necessary to implement and administer this article. It is the intent of this article to grant any municipality to which this article applies full zoning authority within its police jurisdiction to the same extent as the municipality exercises that authority within its corporate limits.
(b) This article shall not affect the right of the owner or owners of property located within the police jurisdiction of a municipality to which this article applies to continue to use the property as it is being used on the date of the enactment of any zoning ordinance applicable to the property until the owner or owners of the property seek to change the use of the property.
(Act 2019-251, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 5 › Section 11-40-82 - Zoning Authority in Overlapping Police Jurisdictions - Authorized.

Section 11-40-82
Zoning authority in overlapping police jurisdictions - Authorized.
In the event the police jurisdiction of any municipality to which this article applies overlaps with the police jurisdiction of another municipality in the county that has zoning authority in its police jurisdiction, the governing body of each municipality may exercise the zoning authority in the overlapping portions of its police jurisdiction to a boundary which is equidistant from the respective corporate limits of each municipality that has an overlapping police jurisdiction. Nothing in this section prevents neighboring municipalities from entering into cooperative agreements as to which municipality will exercise zoning authority in the areas of overlapping police jurisdiction.
(Act 2019-251, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 5 › Section 11-40-83 - Zoning Authority in Overlapping Police Jurisdictions - Zoning Disputes Between Municipalities.

Section 11-40-83
Zoning authority in overlapping police jurisdictions - Zoning disputes between municipalities.
Notwithstanding Section 11-40-82, in the overlapping areas of the police jurisdiction of the municipalities, each municipality may object to a zoning decision of the other municipality in the overlapping areas. In that case, the objecting municipality shall notify the other municipality of its objection and the zoning dispute shall be resolved by a panel consisting of the mayors of the two municipalities and the chair of the county commission of the county where the property involved in the zoning dispute is located.
(Act 2019-251, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 40 - General Provisions. › Article 5 › Section 11-40-84 - Relation to Chapter 52.

Section 11-40-84
Relation to Chapter 52.
Any zoning authority authorized pursuant to this article shall be undertaken in accordance with Chapter 52 of this title.
(Act 2019-251, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 1 - Incorporation. › Section 11-41-3 - Conduct of Election Generally; Provision and Form of Ballots; Qualifications for Voting.

Section 11-41-3
Conduct of election generally; provision and form of ballots; qualifications for voting.
The judge of probate shall appoint three qualified electors within the limits of the proposed city or town as inspectors to manage the election, which shall be conducted under the same sanction and penalties as are provided by the general election laws, except that a voter may furnish his own ballot, upon which must be written or printed "corporation" or "no corporation," and any person who is a qualified elector under the state law and has resided within the boundaries of the proposed city or town for three months next preceding may vote at such election.
(Code 1907, §1055; Code 1923, §1746; Code 1940, T. 37, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 1 - Incorporation. › Section 11-41-4 - Certification of Election Result to Probate Judge; Census Enumeration of Inhabitants; Issuance, Recordation, and Filing of Order of Incorporation; Filing Fee.

Section 11-41-4
Certification of election result to probate judge; census enumeration of inhabitants; issuance, recordation, and filing of order of incorporation; filing fee.
Within five days after the election, the inspectors must certify the result to the judge of probate, who must, if a majority of the votes cast at the election are for "corporation," cause an enumeration of the inhabitants residing within such territory to be made by such inspectors or other persons appointed by him and, within three days after such enumeration has been completed and returned to him, shall make an order to be entered of record in the minutes of the court that the inhabitants of such territory are incorporated as a town or city, as the case may be, by the name and with the boundaries shown by the petition, whereupon such town or city shall be vested with the rights and powers incident to such corporations granted in this title.
The judge of probate shall file, within 10 days after its issuance, a certified copy of his order of incorporation in the regular corporation books maintained by him in his office and also in the office of the Secretary of State and for filing each such order there shall be paid, in advance, to the probate judge, a fee of $5.00.
(Code 1907, §1056; Code 1923, §1747; Code 1940, T. 37, §13; Acts 1969, No. 1111, p. 2047.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 1 - Incorporation. › Section 11-41-5 - Ordering and Notice of Election of Mayor and Councilmen for Incorporated Municipalities; Conduct of Election Generally; Qualifications for Voting.

Section 11-41-5
Ordering and notice of election of mayor and councilmen for incorporated municipalities; conduct of election generally; qualifications for voting.
Upon making such order of incorporation, the judge of probate shall order an election to be held by the same inspectors or others appointed by him for the purpose of electing a mayor and members of the council authorized by this title, who shall, at such election, be elected from the city or town at large. Such inspectors shall give 30 days' notice of the time and place of holding the election by posting a notice in five public places within the limits of such town or city. Said inspectors shall have the powers and discharge the duties as inspectors and clerks in municipal elections, and said election shall be conducted, as far as practicable, in the manner prescribed in this title for the election of city or town officers, and no person shall vote at such election unless he is a qualified elector of the county and has resided within the limits of the municipality for three months next preceding the election.
(Code 1907, §1057; Code 1923, §1748; Code 1940, T. 37, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 1 - Incorporation. › Section 11-41-6 - Report of Election Result to Probate Judge; Issuance and Recordation of Order Approving Report and Election Result; Vacancies; Setting Aside, etc., of Elections; Record and Costs of Incorporation Proceedings and Elections.

Section 11-41-6
Report of election result to probate judge; issuance and recordation of order approving report and election result; vacancies; setting aside, etc., of elections; record and costs of incorporation proceedings and elections.
Within five days after such election, inspectors shall report the result of the election to the judge of probate, who may enter an order confirming and approving the election and report, and, in that event, the officers shown by such report to have been elected shall, upon the recording of such order, be entitled to hold office until the next general municipal election and until their successors are elected and qualified. If any person fails to qualify within 30 days after he shall have been declared elected, the judge of probate may appoint some person to fill such vacancy.
The judge of probate may, for fraud or material irregularities, set either of such elections aside and order another election in like manner to be held by the same or other inspectors to be by him appointed.
The judge shall make a record of the proceedings in the matter of such incorporation and election of officers and file in the office of the Secretary of State a certified copy of the entry showing the result of the elections preceding. The costs of all the aforesaid proceedings shall be paid by the town or city; but, if no judgment is entered establishing the town or city, they shall be paid by the petitioners, and judgment shall be entered dismissing such proceedings.
(Code 1907, §1058; Code 1923, §1749; Code 1940, T. 37, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 1 - Incorporation. › Section 11-41-7 - Reinstatement of Corporate Organization of Dormant Municipalities; Appointment of Mayor and Councilmen for Same.

Section 11-41-7
Reinstatement of corporate organization of dormant municipalities; appointment of mayor and councilmen for same.
Towns or cities that have permitted their organization to become dormant and inefficient may, by a petition of a majority of the taxpayers of such town or city to the probate judge, have their corporate organization reinstated by an order, entered of record, of the probate judge, who thereupon shall appoint a mayor and councilmen for such town or city, who shall hold their offices until the next regular election thereafter and until their successors are elected and qualified.
(Code 1907, §1059; Code 1923, §1750; Code 1940, T. 37, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 2 - Dissolution. › Section 11-41-20 - Authority.

Section 11-41-20
Authority.
Except as otherwise provided by local law, municipal corporations now existing or hereafter incorporated having a population of 1,100 inhabitants or less may be dissolved as provided in this article.
(Acts 1919, No. 517, p. 739; Code 1923, §2326; Code 1940, T. 37, §17; Acts 1994, No. 94-167, p. 216, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 2 - Dissolution. › Section 11-41-21 - Petition to Probate Judge for Dissolution.

Section 11-41-21
Petition to probate judge for dissolution.
Three-fourths of the qualified voters residing within the corporate limits of any municipal corporation having a population of 1,100 inhabitants or less may, in writing, petition to the probate judge of the county in which the same is situated for a dissolution of such corporation.
(Acts 1919, No. 517, p. 739; Code 1923, §2327; Code 1940, T. 37, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 2 - Dissolution. › Section 11-41-22 - Notice and Hearing Upon Petition.

Section 11-41-22
Notice and hearing upon petition.
Upon the filing of such petition, such probate judge shall set the same down for hearing and give 30 days' notice of such hearing by written notices stating the date and purpose of such hearing, the same to be posted at the courthouse of the county and also in a public place in the municipality sought to be dissolved, and, upon the day set for the hearing, the probate judge shall hear such petition and the evidence in support of the same.
(Acts 1919, No. 517, p. 739; Code 1923, §2328; Code 1940, T. 37, §19.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 41 - Incorporation and Dissolution. › Article 2 - Dissolution. › Section 11-41-23 - Issuance of Decree of Dissolution.

Section 11-41-23
Issuance of decree of dissolution.
If, upon such hearing, it appears to such probate judge that three fourths of the qualified voters of such municipal corporation are in favor of the dissolution of the same, he shall make a decree dissolving such municipal corporation, and thereupon such municipal corporation shall be dissolved and shall cease to exist.
(Acts 1919, No. 517, p. 739; Code 1923, §2329; Code 1940, T. 37, §20.)