The bill SB9 Enrolled authorizes Class 1 municipalities in Alabama to enforce local and state building maintenance regulations through judicial in rem foreclosure of municipal code enforcement and nuisance abatement liens on certain properties. It allows these municipalities to recover unpaid municipal code and nuisance abatement liens, as well as associated enforcement costs, upon court-ordered property sales. Key definitions are introduced, including "interested party," "municipal code lien," and "owner-occupied," while the act specifically excludes owner-occupied properties from foreclosure procedures. New provisions also establish the filing of municipal code liens in the probate office, ensuring their superiority over other liens, except for tax liens.

The bill outlines a structured process for municipalities to enact ordinances authorizing the use of this act, including a six-month waiting period after recording a lien before filing for foreclosure and a requirement to notify other taxing entities. It mandates that judicial in rem proceedings be the exclusive remedy for enforcing municipal code liens, prohibits the inclusion of liens certified to the county tax collector, and allows for a judicial hearing where interested parties can contest the lien's validity. Additionally, if a property is found to be owner-occupied, the municipality must seek dismissal of the petition. The act is set to take effect on October 1, 2024.

Statutes affected:
Introduced: 40-10-29
Engrossed: 40-10-29
Enrolled: 40-10-29