The bill SB9 Enrolled is designed to enable Class 1 municipalities in Alabama to enforce local and state building maintenance regulations by allowing judicial in rem foreclosure of municipal code enforcement and nuisance abatement liens on certain properties. It specifies that these provisions apply only to Class 1 municipalities and do not affect owner-occupied properties. The bill defines key terms related to the process and establishes that municipal code liens are to be filed with the judge of probate's office and are superior to other liens, with the exception of tax liens. The bill outlines the procedure for initiating foreclosure, which includes a six-month waiting period after the lien is recorded, notification requirements, and the exclusion of owner-occupied properties from the foreclosure process. It also details the petition content, notice requirements, and the appointment of a guardian ad litem for unknown or legally incompetent interested parties.

The bill does not contain any specific insertions or deletions to current law, suggesting it introduces new provisions. It describes the process for the sale of properties with delinquent municipal code liens, including the conditions for sale, the order of the court to sell the property free of most liens and encumbrances, and the exclusion of owner-occupied properties from the sale. The bill provides a redemption process for interested parties, the procedure for the sale conducted by the court, the distribution of sale proceeds, and the finality of the sale. It also allows the municipality to adopt forms for implementing the sale process. SB9 is set to become effective on October 1, 2024.

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