2021 Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 2 - Provisions Applicable to Municipal Corporations Only.
Chapter 40 - General Provisions.
Article 3A - Use and Occupancy of Building in Class 2 Municipalities.
Section 11-40-66 - Judicial Hearing.
Section 11-40-66
Judicial hearing.
(a) The Class 2 municipality shall request that a judicial hearing on the petition occur not earlier than 30 days nor more than 90 days following the filing of the petition. At the judicial hearing, any interested party shall have the right to be heard and to contest the delinquency of the municipal code lien, the adequacy of the proceedings, the classification of the property as owner occupied, and the amount of the tax payoff. If the court determines that the information set forth in the petition is accurate, the court shall render its judgment and order that:
(1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition are delinquent.
(3) Proper notice has been given to all interested parties.
(4) The property is not owner occupied.
(5) The property as described in the petition be sold in accordance with the provisions of this article.
(6) The sale shall become final and binding immediately after the sale is conducted in accordance with Section 11-40-68.
(b) The order of the court shall provide that the property be sold free and clear of all liens, claims, and encumbrances other than:
(1) Rights of redemption provided under federal law.
(2) Taxes assessed against real property that are due but not yet delinquent as of the date of the court's order.
(3) An easement which burdens the real property, a real covenant which burdens the real property, and any utility easement which benefits the real property as of the date of the filing of the municipal code lien on which the Class 2 municipality is seeking to foreclose under this article.
(c) If at any point in the proceedings the court determines that the property is owner occupied, then the Class 2 municipality shall seek immediate dismissal of the proceedings.
(Act 2017-304, §7.)
