As Amended
SEC. 21-19-20. Proceedings to demolish abandoned houses or buildings used for sale or use of drugs.
(1) A municipality shall institute proceedings to have abandoned houses or buildings that are used for the sale or use of drugs demolished. The local law enforcement authority of the municipality shall have documented proof of drug sales or use in the abandoned property before a municipality may initiate proceedings to have the property demolished.
(2) The municipality shall file a petition to declare the abandoned property a public hazard and nuisance, and to have the property demolished with the circuit clerk of the county in which the property or some part of the property is located. All of the owners of the property involved, and any mortgagee, trustee, or other person having any interest in or lien on the property shall be made defendants to the proceedings. The circuit clerk shall present the petition to the circuit judge who, by written order directed to the circuit clerk, shall fix the time and place for the hearing of the matter in termtime or vacation. The time of the hearing shall be fixed on a date to allow sufficient time for each defendant named to be served with process, as otherwise provided by law, not less than thirty (30) days before the hearing. If a defendant or other party in interest is not served for the specified time before the date fixed, the hearing shall be continued to a day certain to allow the thirty-day period specified.
(3) Any cost incurred by a municipality for demolishing abandoned property shall be paid by the owners of the property.
SOURCES: Laws, 1995, ch. 343, Sec. 1, eff from and after July 1, 1995