Ordinance Number 2024-0521

Town of West Blocton, Alabama

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AN ORDINANCE FOR ABATEMENT OF DETERIORATED STRUCTURES

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BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WEST BLOCTON, AL:

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Pursuant to Alabama Code Sections 11-47-117, 11-53A-7, and 11-53B-2:

(1) The term "appropriate municipal official" as used herein shall mean any municipal building official or deputy and any other municipal official or municipal employee designated by the mayor as the person to exercise the authority and perform the duties delegated by this ordinance.

(2) "Structure" herein shall include, but shall not be limited to, manufactured housing, or mobile home whether attached or not attached to the property.

(3) Whenever the municipal official finds that any building structure, part of building or structure, party wall, or foundation situated in the Town of West Blocton is unsafe to the extent that it is a public nuisance, the official shall, by certified or registered mail, give notice of such determination to the person or persons, firm, association, or corporation who is the record owner, notice to remedy the unsafe condition of the building or structure by certified or registered mail to the owner's last known address and to the owner at the address of the property.

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Section 1 - Notice Requirements pursuant to the Ala code 11-53B-3:

(1) A copy of all notices, orders, and other communications required by this chapter to be given to the owner of the property, or to the owner of an interest in the property, or to the person last assessing the property for state taxes, also shall be given to all mortgagees of record by certified or registered mail 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 person responsible for the notice or other communication.

(2) The notice shall set forth in detail the basis for the appropriate municipal official's finding and shall direct the owner to take either of the following actions:

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a. In the case where repair is required, accomplish the specified repairs or improvements within 45 days of the date of the notice or if the same cannot be repaired within that time to provide the appropriate municipal official with a work plan to accomplish the repairs. The work plan shall be submitted within 45 days of the making of the notice. The work plan shall be subject to the appropriate municipal official's approval.

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b. In the case where demolition is required, demolish the structure within 45 days of the notice.

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(3) The notice shall also state that, in the event the owner does not comply within the time specified therein, the repairs or demolition shall be accomplished by the municipality and the cost thereof assessed against the property.

(4) 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.

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Section 2 - Failure of the Owner to Comply.

If the owner of any property cited hereunder fails to comply with the requirements set out in the notice, or fails to make reasonable efforts to repair the property pursuant to the work plan approved by the municipality, the appropriate municipal official may, in his or her discretion, order either of the following actions:

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(1) In the case where repair is required, repair the building at the expense of the municipality 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 the demolition is required, demolish the building or structure at the expense of the municipality and assess the expenses of the demolition on the land on which the building stands or to which it is attached.

(3) In the case where the removal is required, remove the building or structure at the expense of the municipality and assess the expenses of the removal against the property.

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Section 3 - Council Determination Necessary.

(a) Within 30 days from the date the notice is given, any person, firm, or corporation having an interest in the building or structure may file with the Town Clerk a written request for a hearing before the Town Council. The hearing request shall include the reasons for that person's objections to the finding by the Town 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 appropriate municipal official until determination thereon is made by the governing body.

(b) Upon holding the hearing, which shall be held not less than five nor more than 30 days after the request, or in the event no hearing is timely requested, after the expiration of 30 days from the date the notice is given, the Town Council shall determine whether or not the building or structure is unsafe to the extent that it is a public nuisance.

In the event that it is determined by the Town Council that the building or structure is unsafe to the extent that it is a public nuisance, the Town Council shall order the building or structure to be repaired, demolished, or removed, as the case may be. The municipality shall have authority to sell or otherwise dispose of salvaged materials resulting from any demolition hereunder.

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Section 4 - Appeal from Council's Decision.

Any person aggrieved by the decision of the Town Council 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. The Town Clerk shall, upon receiving the notice, file with the clerk of the court a copy of the findings and determination of the Town Council in its proceedings.

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Section 5 - Fixing of Costs.

(a) Upon demolition, repair, or removal of the building or structure, the appropriate municipal official shall make a report to the Town Council of the cost thereof, and the Town Council shall adopt a resolution fixing the costs which finds were reasonably incurred in the demolition or repair 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 the demolition.

(b) Any person, firm, or corporation having an interest in the property may be heard at the meeting as to any objection he or she may have to the fixing of the costs or the amounts thereof. The Town Clerk 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 assessor's records on the property or as otherwise known to the Clerk. The fixing of the costs by the Town Council shall constitute an assessment against the lot or lots, parcel or parcels of land upon which the building or structure is located, and as made and confirmed shall constitute a lien on the property for the amount of the assessment ("the final assessment"). The lien shall be superior to all other liens on the property except liens for taxes, and except for mortgages recorded prior to the creation of the lien for the assessment, and shall continue in force until paid. A certified copy of the resolution fixing the final assessment shall also be recorded in the office of the judge of probate of the county in which the municipality is situated.

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Section 6 - Payment of Costs.

The Town Council, in ordering any repair, demolition, or removal, the cost of which or any part thereof is to be assessed against any property pursuant to this ordinance, may provide that the same shall be paid in cash within 30 days after the final assessment. However, if the assessed amount is greater than ten thousand dollars ($10,000), the property owner may, at his or her election, pay the final assessment in 10 equal annual installments, which shall bear interest at a rate set by the Council. The rate applied shall not exceed 12 percent per annum. Interest shall begin to accrue upon the expiration of 30 days from the date on which the final assessment is set by the governing body and the interest shall be due and payable at the time and place the assessment is due and payable. The expressed owner shall express an intent to pay the assessment in installments by notifying in writing the Town Clerk (or other municipal official charged with the duty of collecting the assessments) within 30 days after the final assessment is determined.

The first installment shall be payable within 30 days after the final assessment is determined, and all installments thereof shall be payable at the office of the Town Clerk, or treasurer of the Town as the Council may determine. Upon full payment of the final assessments and accrued interest thereon, the municipality shall record a satisfaction of the lien in the office of the judge of probate of the county in which the municipality is located. Any person who elects to make installment payments may pay the outstanding balance of the final assessment together with all accrued interest thereon at any time during the installment payment schedule.

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Section 7 - Failure to Make Payment.

(a) If the property owner fails to pay the assessment lien within 30 days, or having elected to make installment payments, fails to make any installment payment when due, the whole assessment lien shall immediately become due and payable, and the officer designated by the Town Council to collect the assessment lien shall proceed to sell the property against which the assessment lien is made to the highest bidder for cash. The sale shall be handled as specified in chapter 53B, Title 11, Code of Alabama, 1975. In no event shall the sale price be less than the amount of the lien plus interest through the date of default. Prior to the sale, the Town Clerk shall provide notice by publication once a week for three consecutive weeks in a newspaper published in the municipality or of general circulation therein, setting forth the date and time of the sale and the purpose for which the same is made, together with a description of the property to be sold.

(b) Any property owner, notwithstanding his or her default, may pay the assessment lien with interest and all costs if tendered before a sale of the property.

(c) The cost of any notice and sale resulting from a default on paying an assessment shall constitute a charge against the property to be sold and shall be retained out of the proceeds of the sale.

(d) The officer making the sale shall execute a deed to the purchaser, which shall convey all the rights, title, and interest which the party against whose property the assessment was made had or held in the property at the date of making the assessment or on the date of making a sale. Any surplus arising from the sale shall be paid to the Town Clerk or municipal treasurer to be kept as a separate fund by the Clerk or treasurer for the owner upon the responsibility of his or her official bond. The municipality may, by its agents, purchase real estate sold as provided under this chapter and, in the event of the purchase, the deed for the same shall be made to the municipality.

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Section 8 - Emergency Action.

Notwithstanding any other provisions of this ordinance, the Town of West Blocton may by ordinance authorize the appropriate municipal official to initiate immediate repairs, demolition, or removal of a building structure when, in the opinion of the official so designated, 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 Town Council and shall be assessed as provided above and as further authorized by Chapter 53B, Title 11, Code of Alabama, 1975.