Alabama 2023 Regular Session

Alabama House Bill HB344 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB344ENROLLED~~
	1	+	HB344INTRODUCED
2	2		Page 0
3		-	XQS6EZ-2
	3	+	XQS6EZ-1
4	4		By Representative Treadaway
5		-	RFD: ~~Jefferson~~ County ~~Legislation~~
	5	+	RFD: County and Municipal Government
6	6		First Read: 20-Apr-23
7		-	2023 Regular Session
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12		-	5 ~~HB344 EnrolledHB344 Enrolled~~
	11	+	5 XQS6EZ-1 03/14/2023 FC (L)ma 2023-295
13	12		Page 1
14		-	Enrolled, An Act,
	13	+	A BILL
	14	+	TO BE ENTITLED
	15	+	AN ACT
15	16		To amend Section 2 of Act 634 of the 1951 Regular
16	17		Session (Acts 1951, p. 1089), as amended by Act 630 of the
17	18		1967 Regular Session (Acts 1967, p. 1435), relating to zoning
18	19		regulations of the county commission in the unincorporated
19	20		area of the county in all counties having a population of
20	21		400,000 or more according to the 1940 or any succeeding
21	22		Federal census; and to further provide the remedies and
22	23		penalties for violations.
23	24		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24	25		Section 1. Section 2 of Act 634 of the 1951 Regular
25	26		Session (Acts 1951, p. 1089), as amended by Act 630 of the
26	27		1967 Regular Session (Acts 1967, p. 1435) is amended to read
27	28		as follows:
28	29		"Section 2. REMEDIES AND PENALTIES.
29	30		(a) It shall be unlawful to erect, construct,
30	31		reconstruct, alter, maintain, use , or occupy any building or
31	32		structure, or to use or occupy any land in violation of any
32	33		regulation in, or of any provision of, any zoning resolution,
33	34		or any amendment thereof, enacted or adopted by the governing
34	35		body of such the county under the authority of this Act act.
35	36		Any person, firm , or corporation violating any such
36	37		regulation, provision , or amendment, shall be guilty of a
37		-	misdeameanor, and upon conviction thereof, shall be fined not
38		-	more than One Hundred ($100.00) Dollars, or imprisoned not
39		-	more than 10 days, or both Class B misdemeanor, as amended .
40		-	Each and every day during which such illegal erection,
41		-	construction, reconstruction, alteration, maintenance, use , or
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69		-	28 HB344 ~~EnrolledHB344 Enrolled~~
	65	+	28 HB344 INTRODUCEDHB344 INTRODUCED
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	67	+	misdeameanor, and upon conviction thereof, shall be fined not
	68	+	more than One Hundred ($100.00) Dollars, or imprisoned not
	69	+	more than 10 days, or both Class B misdemeanor, as amended .
	70	+	Each and every day during which such illegal erection,
	71	+	construction, reconstruction, alteration, maintenance, use , or
71	72		occupancy continues shall be deemed a separate offense.
72	73		Provided, however, that prior to any criminal prosecution the
73	74		County Building Commissioner or his or her agent shall give a
74	75		written notice or citation to the person, firm , or corporation
75	76		violating any provision of this Act act, stating the rule or
76	77		regulation being violated and notifying the said person, firm,
77	78		or corporation to cease and desist such the violation
78	79		immediately, otherwise said the person will be prosecuted as
79	80		provided for herein. In case any building or structure is, or
80	81		is proposed to be, erected, constructed, reconstructed,
81	82		altered, maintained, used , or occupied or any land is, or is
82	83		proposed to be, used or occupied in violation of this Act act
83	84		or of any regulation or provision of any resolution , or
84	85		amendment thereof , enacted or adopted by the governing body of
85	86		such the county under the authority granted by this Act act,
86	87		said the Building Commissioner of the county in which such the
87	88		building, structure , or land is situated, may, in addition to
88	89		other remedies provided by law, may institute injunction,
89	90		mandamus, abatement , or any other appropriate action or
90	91		actions, proceeding or proceedings in his or her capacity as
91	92		such the Building Commissioner (thatwhich is, in his or her
92	93		name as Building Commissioner ), to prevent, enjoin, abate , or
93	94		remove such the unlawful erection, construction,
94		-	reconstruction, alteration, maintenance, use , or occupancy.
95		-	(b) The said Building Commissioner may, in his or her
96		-	capacity as such Building Commissioner (that is, in his name
97		-	as Building Commissioner) , intervene in any action, suit , or
98		-	other proceedings wherein there is involved any violation of
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126		-	56 HB344 ~~EnrolledHB344 Enrolled~~
	122	+	56 HB344 INTRODUCEDHB344 INTRODUCED
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	124	+	reconstruction, alteration, maintenance, use , or occupancy.
	125	+	(b) The said Building Commissioner may, in his or her
	126	+	capacity as such Building Commissioner (that is, in his name
	127	+	as Building Commissioner) , intervene in any action, suit , or
	128	+	other proceedings wherein there is involved any violation of
128	129		this Act act, or of any regulation or provision of any
129	130		resolution, or amendment thereof, enacted or adopted by the
130	131		governing body of such the county under the authority of this
131	132		Act act. When the Building Commissioner so intervenes
132	133		hereunder, he or she shall be deemed to be, and shall be
133	134		treated as, an original party to the action, suit , or
134	135		proceedings. It is the intention of this subsection (b) that
135	136		any action, suit , or proceedings in which the Building
136	137		Commissioner intervenes shall proceed the same as if the
137	138		Building Commissioner had been an original party , insofar as
138	139		any statute, act , or rule prohibiting an entire change of
139	140		parties is concerned. The provisions of this subsection (b)
140	141		shall apply to any action, suit , or proceedings pending at the
141	142		time of its adoption."
142	143		Section 2. This act shall become effective immediately
143	144		following its passage and approval by the Governor, or its
144	145		otherwise becoming law.
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161		-	73 HB344 EnrolledHB344 Enrolled
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163		-	________________________________________________
164		-	Speaker of the House of Representatives
165		-	________________________________________________
166		-	President and Presiding Officer of the Senate
167		-	House of Representatives
168		-	I hereby certify that the within Act originated in and
169		-	was passed by the House 18-May-23.
170		-	John Treadwell
171		-	Clerk
172		-	Senate 24-May-23 Passed
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