HB344INTRODUCED
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XQS6EZ-1
By Representative Treadaway
RFD: County and Municipal Government
First Read: 20-Apr-23
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5 XQS6EZ-1 03/14/2023 FC (L)ma 2023-295
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A BILL
TO BE ENTITLED
AN ACT
To amend Section 2 of Act 634 of the 1951 Regular
Session (Acts 1951, p. 1089), as amended by Act 630 of the
1967 Regular Session (Acts 1967, p. 1435), relating to zoning
regulations of the county commission in the unincorporated
area of the county in all counties having a population of
400,000 or more according to the 1940 or any succeeding
Federal census; and to further provide the remedies and
penalties for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 2 of Act 634 of the 1951 Regular
Session (Acts 1951, p. 1089), as amended by Act 630 of the
1967 Regular Session (Acts 1967, p. 1435) is amended to read
as follows:
"Section 2. REMEDIES AND PENALTIES.
(a) It shall be unlawful to erect, construct,
reconstruct, alter, maintain, use , or occupy any building or
structure, or to use or occupy any land in violation of any
regulation in, or of any provision of, any zoning resolution,
or any amendment thereof, enacted or adopted by the governing
body of such the county under the authority of this Act act.
Any person, firm , or corporation violating any such
regulation, provision , or amendment, shall be guilty of a
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misdeameanor, and upon conviction thereof, shall be fined not
more than One Hundred ($100.00) Dollars, or imprisoned not
more than 10 days, or both Class B misdemeanor, as amended .
Each and every day during which such illegal erection,
construction, reconstruction, alteration, maintenance, use , or
occupancy continues shall be deemed a separate offense.
Provided, however, that prior to any criminal prosecution the
County Building Commissioner or his or her agent shall give a
written notice or citation to the person, firm , or corporation
violating any provision of this Act act, stating the rule or
regulation being violated and notifying the said person, firm,
or corporation to cease and desist such the violation
immediately, otherwise said the person will be prosecuted as
provided for herein. In case any building or structure is, or
is proposed to be, erected, constructed, reconstructed,
altered, maintained, used , or occupied or any land is, or is
proposed to be, used or occupied in violation of this Act act
or of any regulation or provision of any resolution , or
amendment thereof , enacted or adopted by the governing body of
such the county under the authority granted by this Act act,
said the Building Commissioner of the county in which such the
building, structure , or land is situated, may, in addition to
other remedies provided by law, may institute injunction,
mandamus, abatement , or any other appropriate action or
actions, proceeding or proceedings in his or her capacity as
such the Building Commissioner (thatwhich is, in his or her
name as Building Commissioner ), to prevent, enjoin, abate , or
remove such the unlawful erection, construction,
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reconstruction, alteration, maintenance, use , or occupancy.
(b) The said Building Commissioner may, in his or her
capacity as such Building Commissioner (that is, in his name
as Building Commissioner) , intervene in any action, suit , or
other proceedings wherein there is involved any violation of
this Act act, or of any regulation or provision of any
resolution, or amendment thereof, enacted or adopted by the
governing body of such the county under the authority of this
Act act. When the Building Commissioner so intervenes
hereunder, he or she shall be deemed to be, and shall be
treated as, an original party to the action, suit , or
proceedings. It is the intention of this subsection (b) that
any action, suit , or proceedings in which the Building
Commissioner intervenes shall proceed the same as if the
Building Commissioner had been an original party , insofar as
any statute, act , or rule prohibiting an entire change of
parties is concerned. The provisions of this subsection (b)
shall apply to any action, suit , or proceedings pending at the
time of its adoption."
Section 2. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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