The bill 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, specifically excluding owner-occupied properties. It allows these municipalities to recover unpaid municipal code and nuisance abatement liens, as well as associated enforcement costs, upon the court-ordered sale of the property. Key definitions are provided, including "interested party," "municipal code lien," and "owner-occupied." The bill mandates that municipalities must enact an ordinance to utilize these provisions, which must detail the effective date and properties subject to the procedures.
Additionally, the bill establishes a framework for the judicial in rem foreclosure process, ensuring that it does not create personal liability for property owners and limits rights and remedies to governmental entities. It includes a six-month waiting period after recording a municipal code lien before foreclosure can be filed, and requires notification to other taxing entities at least 60 days prior to filing. The bill outlines the necessary steps for filing a petition, conducting a sale, and distributing proceeds, while ensuring that if a property is determined to be owner-occupied, proceedings must be dismissed. The bill is set to take effect on October 1, 2024, and allows municipalities to adopt forms for implementation.
Statutes affected: Introduced: 40-10-29
Engrossed: 40-10-29
Enrolled: 40-10-29