[1]
Editor's Note: Former Art. VI, Demolition, Removal, Repair, etc., of Unsafe Buildings, adopted 9-18-1989 by Ord. No. 1588, was repealed 6-2-2026 by Ord. No. 2040-26.
[Ord. No. 2040-26, 6-2-2026]
(a) 
The existence of unsafe, dangerous, and dilapidated buildings and structures within the City constitutes a public nuisance, the abatement of which burdens the City and contributes to blight and crime in neighborhoods. These properties constitute a threat to the health, safety, and welfare of the citizens of Albertville and are an impediment to economic development.
(b) 
Section 11-53B-1 et seq. of the Alabama Code permits the City, after meeting certain notice requirements, to repair or demolish unsafe buildings and provides a means of placing a lien on the property for the costs of the work involved in abating the nuisance.
(c) 
Implementing the procedures authorized by the state law will be more efficacious in eliminating these nuisances and will protect the public health, safety, and welfare.
[Ord. No. 2040-26, 6-2-2026]
The words used in this article will have the meanings set out below:
ASSESSMENT
Means the cost incurred to repair or demolish a structure as provided by this article.
BUILDING
Means any building, structure, part of a building or structure, party wall, or foundation used or intended for supporting or sheltering any use or occupancy.
CITY
The City of Albertville, Alabama.
CODE OFFICIAL
As used in this article means the City Building Inspector, any City building official or deputy, and any other City official or City employee designated by the Mayor as the person to exercise the authority and perform the duties delegated by this article. In accordance with prescribed procedures and with the concurrence of the Mayor, the Code Official shall have the authority to designate enforcement officers, inspectors, and other employees. Such employees shall have powers as delegated by the Code Official.
COUNCIL
Means the City of Albertville City Council.
FINAL ASSESSMENT
Means the bill of costs adopted by the Council pursuant to § 6-109(d) of this article.
MAYOR
Means the Mayor of Albertville, Alabama.
OWNER
Is any person, agent, firm, legal entity, or corporation having legal title to the real property, including any mortgage holder, bank, lienholder, company, institution, individual, or other entity listed in the records of the office of the Judge of Probate of Marshall County, and/or the estate of any deceased owner(s), and/or the last assessed owner in the property tax records of the Marshall County Revenue Commissioner.
PERSON
Means any natural or legal person, including partnerships, corporations, limited liability companies, legal entities, and the like.
PERMANENT IMPROVEMENTS
Means all repairs, improvements, appurtenances, buildings, and equipment attached to property as fixtures.
REPAIR
Means any and all improvements, efforts, and/or work undertaken to stabilize a structure or building, or any part thereof, including walls, foundations, and roofs, to the extent necessary so that the structure or building will no longer be dangerous or unsafe to the extent that it is a public nuisance.
[Ord. No. 2040-26, 6-2-2026]
(a) 
The Code Official, as designated pursuant to § 6-102 of this article, or his/her designee, shall be responsible for enforcing the provisions of this article. The Code Official shall:
(1) 
Inspect, or cause to be inspected, any buildings, residences, schools, halls, churches, theaters, hotels, tenements, commercial manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render any such place dangerous as defined by this article;
(2) 
Inspect any building, wall, or structure about which complaints are filed or submitted by any person to the effect that a building, wall, or structure is, or may be, existing in violation of this article;
(3) 
Inspect any building, wall, or structure reported by the Fire Department or Police Department as probably existing in violation of the terms of this article; and
(4) 
Perform such other duties as are set forth in this article.
(b) 
Upon presentation of the proper credentials, the Code Official may enter any building, structure, part of a building or structure, party wall, foundation, or premises for the purpose of inspection, to prevent violation of the provisions of this article, and/or to carry out an order given pursuant to this article.
[Ord. No. 2040-26, 6-2-2026]
Properties containing any building, structure, part of a building, part of a structure, party wall, or foundation which has any of the following defects shall be deemed dangerous and unsafe:
(a) 
Those which have improperly distributed load upon the floor or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(b) 
Those which have been damaged by fire, wind, and/or other causes so as to have become dangerous to life, safety, morals, or the general health, safety, and welfare of the occupants or the people of the City.
(c) 
Those which have become so dilapidated, decayed, unsafe, unsanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or likely to cause sickness or disease so as to work injury to the health, safety, or welfare of those living therein.
(d) 
Those having light, air, and sanitation facilities which are inadequate to protect the health, safety, and welfare of human beings who live or may live therein.
(e) 
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, or fire escapes for safe egress.
(f) 
Those which have parts thereof which are so attached that they may fail and injure members of the public or property.
(g) 
Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, safety, or welfare of the people of the City.
(h) 
Those buildings existing in violation of the Building Code or any other relevant code of the City, including but not limited to the Fire Code.
[Ord. No. 2040-26, 6-2-2026]
All dangerous and unsafe buildings or structures are hereby declared to be public nuisances and shall be repaired, demolished and/or vacated as provided by this article.
[Ord. No. 2040-26, 6-2-2026]
The following standards shall be followed by the Code Official in ordering a repair, demolition, and/or vacation:
(a) 
A building or structure shall be ordered to be repaired when it can reasonably be repaired so that it will no longer exist in violation of this article.
(b) 
A building or structure shall be ordered to be demolished when it is in such a condition that 50% of the building or structure is damaged or decayed or deteriorated from its original value or structure, and in all cases where a building or structure cannot be repaired so that it will no longer exist in violation of this article, it shall be demolished. In all cases where a structure exists such that it creates a fire hazard, it shall be demolished.
(c) 
If any building or structure is in such condition as to make it dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants, it shall be ordered to be vacated. The Code Official may, in his or her sole discretion, choose to order any one, any combination, or all of the foregoing remedies in this section.
[Ord. No. 2040-26, 6-2-2026]
(a) 
Whenever the Code Official of the City finds that any building, structure, part of a building, part of a structure, party wall, or foundation situated in the City is unsafe or dangerous to the extent that it is a public nuisance, the Code Official shall, as set forth in this section, give notice to remedy the unsafe or dangerous condition of the building or structure. The notice shall identify the street address, the legal description, and the parcel identification number of the property where the building, structure, part of a building or structure, party wall, or foundation is located. The notice shall set forth in detail the basis for the Code Official's finding and shall direct the owner or owners to take either of the following actions:
(1) 
In the case where repair is required, accomplish the specified repairs or improvements within a reasonable time set out in the notice, which time shall not be less than 45 days of the date of the notice, or if the same cannot be repaired within that time to provide the Code Official with a work plan to accomplish the repairs, which plan shall be submitted within 45 days of the making of the notice and shall be subject to the approval of the Code Official.
(2) 
In the case where a demolition is required, demolish the building or structure within a reasonable time set out in the notice, which time shall not be less than 45 days of the notice.
(b) 
The notice shall state that, in the event the owner does not comply within the time specified therein, the repairs or the demolition shall thereafter be accomplished by the City and the cost thereof assessed against the property. The notice shall inform the recipients that a public hearing as provided for in § 6-108 shall be held on the finding of the Code Official at a date, time, and location specified in the notice.
(c) 
The Code Official may also order that any building, structure, or part of a building or structure ordered to be repaired or demolished be vacated along such terms as the Code Official deems appropriate.
(d) 
The Code Official shall give the notice required by Subsection (a) of this section by all of the following means:
(1) 
By certified or registered mail, properly addressed and postage prepaid, to all of the following persons or entities:
a. 
The person or persons, firm, association, legal entity or corporation last assessing the property for state taxes to the address on file in the County Tax Collector's office.
b. 
The record property owner or owners (including any owner or owners of an interest in the property, including lienholders of record) at the owner's or owners' last known address and at the address of the subject property.
c. 
All mortgagees of record to the address set forth in the mortgage or, if no address for the mortgagee is set forth in the mortgage, to the address determined to be the correct address by the Code Official.
d. 
Any person who is otherwise known to the City Clerk or to the Code Official to have an interest in the property.
(2) 
By posting notice of the order, or a copy thereof, within three days of the date of mailing required by Subsection (d)(1) of this section, 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 plainly visible location on the building or structure.
(e) 
A failure by the Council to act on the findings of the Code Official within 120 days from the date of mailing required by Subsection (d)(1) of this section shall constitute an abdication of the Code Official's findings. However, this shall in no way prevent the City from reinitiating the proceedings authorized by this article at any time so long as all the requirements of this article are satisfied anew.
[Ord. No. 2040-26, 6-2-2026]
(a) 
At the time specified in the notice provided for in § 6-107, and in no event less than 50 days after the notice is sent, if the owner of any property cited hereunder fails to comply with the notice, the Council shall determine at a public meeting whether or not the building or structure is unsafe to the extent that it is a public nuisance. A written request for a public hearing is not necessary. At the public hearing, the Council shall also receive any written objections to the findings of the Code Official. No action shall be taken on the finding of the Code Official until determination therein is made by the Council at the hearing.
(b) 
If it is determined after the public hearing by the Council that the building or structure is unsafe to the extent that it is a public nuisance, the Council shall take either of the following actions:
(1) 
In the case where repair is required, order repair of the building at the expense of the City and assess the expenses of the repair on the land on which the building stands or to which it is attached.
(2) 
In the case where a demolition is required, order demolition of the building at the expense of the City and assess the expenses of the demolition on the land on which the building stands or to which it is attached. The Council may also order any building, structure, or part of a building or structure to be repaired, demolished or vacated along such terms as the Council deems appropriate.
(c) 
Any person aggrieved by the decision of the Council may, within 10 days thereafter, appeal to the Circuit Court of Marshall County upon filing with the Clerk of the Circuit Court of Marshall County 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 Circuit Clerk of the Court shall serve a copy of the notice of appeal on the City Clerk, and the appeal shall be docketed in the Circuit Court and shall be a preferred case therein. The City Clerk shall, upon receiving the notice, file with the Circuit Clerk a copy of the findings and determination of the Council in its proceedings. Any trials shall be held without jury upon the determination of the Council that the building or structure is unsafe to the extent that it is a public nuisance.
(d) 
After 14 days from the decision of the Council, if a repair or demolition is ordered by the Council and if an appeal has not been taken to the Circuit Court as provided for by Subsection (c) of this section, then the repair or demolition may be accomplished by the City by the use of its own forces, or it may provide by contract for the repair or demolition. In the event that an appeal is taken to the Circuit Court as provided for by Subsection (c) of this section, once a judgment authorizing a repair or demolition becomes final as provided by law, then the repair or the demolition may be accomplished by the City by the use of its own forces, or it may provide by contract for the repair or the demolition.
(e) 
Nothing in this article shall prevent the City from reinitiating the proceedings authorized by this article at any time so long as all the requirements of this article are satisfied anew.
(f) 
The City may sell or otherwise dispose of salvaged materials resulting from any demolition pursuant to this article, subject to the provisions of § 6-109(a) of this article.
[Ord. No. 2040-26, 6-2-2026]
(a) 
Upon repair or demolition of the building or structure, the Code Official shall make a report to the Council of the cost thereof. The City Clerk shall distribute a copy of the report to the members of the Council. 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. The City Clerk shall set the report of costs for a public hearing at a meeting of the Council.
(b) 
The City Clerk shall give no less than 10 days' notice of the meeting at which the fixing of the costs is to be considered by first-class mail to all persons or entities listed in § 6-107(d)(1) of this article. Notice shall be deemed complete upon mailing.
(c) 
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.
(d) 
Following the public hearing, the Council shall adopt a resolution fixing the costs which it finds were reasonably incurred in the repair or the demolition and assessing the costs against the lot or lots, parcel or parcels of land upon which the building or structure was located.
[Ord. No. 2040-26, 6-2-2026]
(a) 
The final assessment for any abatement accomplished pursuant to this article once made and confirmed by the Council shall constitute a lien on the property for the amount of the final assessment. The lien shall be superior to all other liens on the property, except liens for taxes, and shall continue in force until paid.
(b) 
Payment of a final assessment resulting from a repair accomplished pursuant to this article shall be made in the manner and as provided in Alabama Code § 11-53B-7, as the same has heretofore or may hereafter be amended.
(c) 
The City Clerk shall file a certified copy of the resolution setting the final assessment in the office of the Probate Court of Marshall County.
(d) 
Upon the property owner's failure to pay the assessment, and when a final assessment remains unpaid as specified in Alabama Code § 11-53B-8, the City may foreclose and sale the lien as provided for under state law.
(e) 
In the alternative, the Code Official may direct the office directed by the City to collect the assessments to file a certified copy of the resolution with the County Tax Collector's office and 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 and remit the municipal lien payoff amount to the City.
(f) 
The City may assess the final assessment against any lot or lots, parcel or parcels of land purchased from the state 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 City 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 City.
[Ord. No. 2040-26, 6-2-2026]
Notwithstanding any other provisions of this article, the City shall have authority to enact, and may by ordinance authorize, the Code Official to initiate immediate repair or demolition of a building or structure when, in the opinion of the Code Official, emergency action is required due to imminent danger of structural collapse endangering adjoining property, the public right-of-way, or human life or health. The cost of the emergency action shall be fixed by the Council as provided in § 6-109 of this article.