§ 45-37-260.02 — Building Commissioner; Remedies and Penalties

Alabama § 45-37-260.02

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 37: Jefferson County
• Art. 26: Zoning and Planning

Text

(a) The governing body of any county may provide for the enforcement of county zoning resolution or order and regulations by means of the withholding of building, use or occupancy permits and, for that purpose, may establish and fill a position of county building commissioner, and may fix the compensation attached to that position. The position shall be subject to any merit system or civil service law in effect in the county. From and after the establishment of the position and the filling of same, it shall be unlawful to erect, construct, reconstruct, alter, move, use or occupy any building or other structure, or use or occupy any land without obtaining a proper permit from the county building commissioner, and the building commissioner shall not issue any permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, moving, use or occupancy fully conform to all zoning resolutions or orders and regulations then in effect. The county governing body may adopt a reasonable schedule of building, use and occupancy permit fees to provide for a substantial portion of the cost of operating the office of the county building commissioner.
(b)(1) It shall be unlawful to erect, construct, reconstruct, alter, maintain, use
,
or occupy any building or structure, or to use or occupy any land in violation of any regulation in, or of any provision of, any zoning resolution, or any amendment thereof, enacted or adopted by the governing body of
the
county under the authority of this
section
. Any person, firm
,
or corporation violating any
regulation, provision
,
or amendment, shall be guilty of a
Class B misdemeanor
. Each and every day during which
illegal erection, construction, reconstruction, alteration, maintenance, use
,
or occupancy continues shall be deemed a separate offense. Provided, however, that prior to any criminal prosecution the county building commissioner or his
or her
agent shall give a written notice or citation to the person, firm
,
or corporation violating this
section
, stating the rule or regulation being violated and notifying the
person, firm, or corporation to cease and desist
the
violation immediately, otherwise
the
person will be prosecuted as provided for herein. In case any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, maintained, used
,
or occupied or any land is, or is proposed to be
,
used or occupied in violation of this
section
or of any regulation or provision of any resolution
,
or amendment thereof
,
enacted or adopted by the governing body of
the
county under the authority granted by this
section
,
the
building commissioner of the county in which
the
building, structure
,
or land is situated,
in addition to other remedies provided by law,
may
institute injunction, mandamus, abatement
,
or any other appropriate action or actions, proceeding or proceedings in his
or her
capacity as
the
building commissioner
which
is, in his
or her
name as building commissioner
,
to prevent, enjoin, abate
,
or remove
t
he
unlawful erection, construction, reconstruction, alteration, maintenance, use
,
or occupancy.
(2) The
b
uilding commissioner, in his
or her
capacity as
b
uilding commissioner
,
may intervene in any action, suit
,
or other proceedings wherein there is involved any violation of this
section
, or of any regulation or provision of any resolution, or amendment thereof, enacted or adopted by the governing body of
the
county under the authority of this
section
. When the building commissioner so intervenes
, he
or she
shall be deemed to be, and shall be treated as, an original party to the action, suit
,
or proceedings. It is the intention of this subdivision
that any action, suit
,
or proceedings in which the building commissioner intervenes shall proceed the same as if the building commissioner had been an original party
insofar as any statute, act
,
or rule prohibiting an entire change of parties is concerned. This subdivision
shall apply to any action, suit
,
or proceedings pending at the time of its adoption.

Legislative History

(Acts 1951, No. 634, p. 1435, §1; Act 2023-297, §1; Act 2023-425, §1.)