Title
A Resolution Fixing and Assessing the Costs of Demolition of an Unsafe Structure located at 3915 Linton Lane Pursuant to Ala. Code § 11-40-30 et seq. (1975)
Body
WHEREAS, under Ala. Code, § 11-40-30 (1975), any incorporated municipality of the State of Alabama may, after notice as provided by law, move or demolish buildings and structures, or parts of buildings and structures, party walls, and foundations when found by the governing body of the municipality to be unsafe to the extent of being a public nuisance from any cause; and
WHEREAS, the property located at 3915 Linton Lane, Foley, Alabama 36535, and identified as Tax Parcel ID No. 05-61-03-08-4-001-038.000 (PIN 7196), Baldwin County, Alabama, is owned of record by Rufus Chavers, Jr.; and
WHEREAS, the appropriate municipal official of the City of Foley found that the fire-damaged, dilapidated single-family dwelling structure located on the above-described property was unsafe to the extent of being a public nuisance, and notice was given to the owner of record and all mortgagees of record by certified or registered mail, and notice of the order was posted at or within three feet of an entrance to the structure, all as required by Ala. Code, § 11-40-31 (1975); and
WHEREAS, the City Council of the City of Foley conducted a public hearing on or about July 6, 2026, at which interested parties were afforded an opportunity to be heard, and the City Council determined that the structure was unsafe to the extent of being a public nuisance and ordered its demolition pursuant to Ala. Code, § 11-40-32 (1975), as reflected in Resolution 26- 1168-RES (setting a public hearing) and Resolution 26-1227-RES (authorizing entry upon the property and abatement of the public nuisance and directing that a complete record of the cost of abatement be kept and rendered to the City Council); and
WHEREAS, the demolition of the structure located at 3915 Linton Lane has been completed; and
WHEREAS, the appropriate municipal official has made a report to the City Council of the cost of the demolition pursuant to Ala. Code, § 11-40-33 (1975), and an itemized accounting of the costs of demolition was posted on the Council Chamber doors at least five (5) days prior to submission to the City Council for review; and
WHEREAS, notice of the meeting at which the fixing of the costs was to be considered was given by first-class mail to all entities having an interest in the property as reflected in the records of the tax assessor, tax collector, and revenue commissioner, as required by Ala. Code, §11-40-33 (1975), and interested parties were afforded an opportunity to be heard as to any objection to the fixing of the costs or the amounts thereof; and
WHEREAS, the proceeds, if any, of the sale of salvaged materials have been applied against the cost of demolition, as provided by Ala. Code, § 11-40-33 (1975); and
WHEREAS, the City Council of the City of Foley finds that the total costs reasonably incurred in the demolition of the structure located at 3915 Linton Lane are Four Thousand Two Hundred Fifty-Four and 33/100 Dollars ($4,254.33); and
WHEREAS, the owner of the property has contacted the City about paying the costs of abatement, and if the owner pays the same in the time allowed, the City will accept the payment and consider this matter concluded.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foley, Alabama, as follows:
SECTION 1: The report of the appropriate municipal official is hereby received and confirmed. The City Council hereby fixes the total costs reasonably incurred in the demolition of the unsafe structure and public nuisance at the property located at 3915 Linton Lane, Foley, Alabama 36535, Tax Parcel ID No. 05-61-03-08-4-001-038.000 (PIN 7196), Baldwin County, Alabama, in the amount of Four Thousand Two Hundred Fifty-Four and 33/100 Dollars ($4,254.33), and assesses said costs against the above-described property pursuant to Ala. Code, § 11-40-33 (1975).
SECTION 2: The fixing of the costs by the City Council constitutes a special assessment against the lot or parcel of land upon which the structure was located and constitutes a lien on the property for the amount of the assessment, which lien shall be superior to all other liens on the property except liens for taxes and shall continue in force until paid, pursuant to Ala. Code, § 11- 40-33 (1975).
SECTION 3: The City Clerk is hereby directed to file a certified copy of this Resolution in the office of the Judge of Probate of Baldwin County, Alabama, as required by Ala. Code, § 11-40-33 (1975).
SECTION 4: The City Clerk is hereby authorized and directed to forward a certified copy of this Resolution and the assessment to the Baldwin County Revenue Commissioner/Tax Collector, whereupon the amount of the lien and assessment shall be added to the ad valorem tax bill on the property and collected as if it were a tax and remitted to the City of Foley, Alabama, pursuant to Ala. Code, § 11-40-33 (1975). Such amount shall also be collected under the “Optional Method of Taxation” pursuant to Ala. Code, §§ 11-51-40 through 11-51-74 (1975). Payment and collection of the assessment shall further be governed by Ala. Code, § 11-40-35 (1975).
SECTION 5: The remedies provided herein are cumulative and in addition to any other power and authority of the City of Foley pursuant to Ala. Code, § 11-40-36 (1975). Notwithstanding Sections 4 and 5 of this Resolution, if the full assessed amount of Four Thousand Two Hundred Fifty-Four and 33/100 Dollars ($4,254.33) is paid to the City of Foley through the City Clerk or City Treasurer at any time before the date the certified copy of this Resolution is filed with the Judge of Probate of Baldwin County, Alabama, and before the assessment is delivered or certified to the Baldwin County Revenue Commissioner/Tax Collector, then, upon receipt by the City of such payment in full, the assessment shall be deemed satisfied, and the City Clerk shall not file the certified copy of this Resolution with the Judge of Probate or forward the assessment to the Baldwin County Revenue Commissioner/Tax Collector for collection. Upon such full payment, no lien shall be recorded or certified against the property pursuant to this Resolution; and, if the lien or assessment has already been recorded or certified, the City shall cause the lien and assessment to be released or satisfied of record. The City Clerk is hereby authorized and directed to take such actions as are necessary to reflect satisfaction of the assessment and release of the lien. No partial payment(s) or payment plans shall be accepted by the City. The City shall issue a receipt or other appropriate acknowledgment of payment in full.
SECTION 6: This Resolution shall become effective immediately upon its adoption as required by law.