§ 45-37A-350 — Civil Action by Municipality Regarding Condition of Real Property

In the City of Mountain Brook in Jefferson County, whenever by reason of the dilapidated, deteriorated, unsafe, or unhealthful condition of real property or any improvements situated thereupon, the municipality files a civil action in any court of the state to compel the owner or occupant of real property to bring the property or improvements into compliance with any statute, ordinance, or regulation establishing, governing, or regulating public health, sanitation, safety, welfare, or minimum standards of human habitability, or to abate or eliminate a public nuisance created by the conditions, the city, if it prevails in the civil action, may recover as a part of its costs in the action its actual and reasonable attorney’s fees and litigation expenses incurred in connection therewith upon a showing by the city that the city afforded the defendant a reasonable opportunity to voluntarily correct or cure the conditions that gave rise to the litigation prior to initiating the civil action and that the defendant failed or refused to do so.

Legislative History

(Act 2008-400, p. 793, §1.)