§ 45-37A-41 — Removal or Demolition of Unsafe Structures

(a) The City of Bessemer shall have authority, after notice as provided herein, to move or demolish buildings and structures, or parts of buildings and structures, party walls, and foundations when the same are found by the governing body of the city to be unsafe to the extent of being a public nuisance from any cause.
(b) The term appropriate city official as used in this section shall mean any city official or city employee designated by the mayor or other chief executive officer of such city as the person to exercise the authority and perform the duties delegated by this section to appropriate city official. Whenever the appropriate city official of such city shall find that any building, structure, part of building or structure, party wall, or foundation situated in any such city is unsafe to the extent that it is a public nuisance, such official shall give the person or persons, firm, association, or corporation last assessing the property for state taxes and all mortgages of record notice by personally serving upon such person, firm, association, or corporation a copy of the notice to remedy the unsafe or dangerous condition of such building or structure, or to demolish the same, within a reasonable time set out in the notice, which time shall not be less than 60 days or suffer such building or structure to be demolished by such city and the cost thereof assessed against the property. In the event that such personal service is returned not found after not less than two attempts, such notice may be given by registered or certified mail. The mailing of such registered mail notice, properly addressed and postage prepaid, shall constitute notice as required herein. Notice of such order, or a copy thereof, prior to the delivery or mailing of the same as required by the immediately preceding sentence, shall also be posted at or within three feet of an entrance to the building or structure, provided that if there is no entrance such notice may be posted at any location upon such building or structure.
(c)(1) Within the time specified in such notice, but not more than 60 days from the date such notice is given, any person, firm, or corporation having an interest in such building or structure may file a written request for a hearing before the governing body of the city, together with his or her objections to the finding by the city official that such building or structure is unsafe to the extent of becoming a public nuisance. The filing of such request shall hold in abeyance any action on the finding of such city official until determination thereon is made by such governing body. Upon holding such hearing, which hearing shall be held not less than 10 nor more than 60 days after such request, or in the event no hearing is timely requested, the governing body, after the expiration of 60 days from the date such notice is given, shall determine whether or not such building or structure is unsafe to the extent that it is a public nuisance. Notice of such meeting of the governing body, and that such determination shall be made thereat, shall be published one time in a newspaper of general circulation in such city, not less than 10 days prior thereto. In the event that it is determined by such governing body that such building or structure is unsafe to the extent that it is a public nuisance, the governing body shall order such building or structure to be demolished. Demolition may be accomplished by such city by the use of its own forces, or it may provide by contract for such demolition. The city shall have authority to sell or otherwise dispose of salvaged materials resulting from the demolition.
(2) Any person aggrieved by the decision of the governing body at such hearing, within 30 days thereafter, may appeal to the circuit court upon filing with the clerk of the court notice of appeal and bond for security of costs in the form and amount to be approved by the circuit clerk. Upon filing of 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 city and the appeal shall be docketed in the court, and shall be a preferred case therein. The clerk of the city, upon receiving such notice, shall file with the clerk of the court a copy of the findings and determination of the governing body in proceedings and trial shall be held without jury upon the determination of the governing body that such building or structure is unsafe to the extent that it is a public nuisance.
(d) Upon demolition of such building or structure, the appropriate city official shall make report to the governing body of the cost thereof, and such governing body shall adopt a resolution fixing the costs which it finds were reasonably incurred in such demolition and assessing the same 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 such meeting as to any objection he or she may have to the fixing of such costs or the amounts thereof. The city clerk of such city shall give not less than 15 days’ notice of the meeting at which the fixing of such costs are to be considered by publication in a newspaper of general circulation in such city of a notice that the governing body of such city at such meeting shall consider the fixing of such costs thereat. 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 such assessment. The lien shall be superior to all other liens on the property except liens for taxes, and shall continue in force until paid. The city clerk of the city shall mail a certified copy of the resolution by registered or certified mail to the person last assessing the property for taxes and all mortgages of record, and a certified copy of such resolution shall be published in the manner and as prescribed for the publication of municipal ordinances, and a certified copy of such resolution shall also be filed in the office of the judge of probate of the county in which such city is situated.
(e) The city shall have the power to 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 any such assessment is made against such 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 such city for such 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 such assessment.
(f) Payment of any such 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, and upon the property owner’s failure to pay such assessment the officer designated by the city to collect such assessments shall proceed to collect the assessment as provided in Sections 11-48-49 to 11-48-59, inclusive.
(g) This section shall be cumulative in its nature, and in addition to any and all power and authority which any such city may have under any other law.

Legislative History

(Act 81-1021, 2nd Sp. Sess., p. 208, §§1-7.)