(a) The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug-related nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions:

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Terms Used In Alabama Code 6-5-155.3

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • property: includes both real and personal property. See Alabama Code 1-1-1
(1) Diminished property value.
(2) Increased fear of residents to walk through or in public areas, including sidewalks, streets, alleys, and parks.
(3) Increased volume of vehicular and pedestrian traffic to and from the property.
(4) An increase in the number of ambulance or police calls to the property which are related to the use of drugs, or to violence stemming from drug-related activity.
(5) Bothersome solicitors or approaches by strangers wishing to sell drugs, or the aggressive solicitation of alms, on or near the property.
(6) The display of dangerous weapons on or near the property.
(7) Investigative purchases of drugs by law enforcement officers on or near the property.
(8) Arrests of persons on or near the property.
(9) Housing code violations relating to the property.
(10) Health code violations relating to the property.
(11) Accumulation of trash and refuse in common areas on or adjacent to the property.
(12) Unsecured entryways on the property.
(13) Loitering.
(14) Unreasonable noise.
(15) Search warrants served or executed at the property.
(16) The number of complaints made to law enforcement and other government officials about the alleged illegal activity associated with the property.
(17) The discharge of a firearm at the property.
(18) Violations of zoning laws or regulations at the property.
(b) The complaint shall contain a description of attempts made by the plaintiff, or any other person or entity, to notify the owner of the property on which the drug-related nuisance is situated and the resulting adverse impact thereof. No complaint shall be filed unless there has been at least one notice to the owner of the alleged drug-related nuisance 21 days prior to the filing of the complaint. Notice shall be served on the owner in accordance with the Alabama Rules of Civil Procedure. If personal service can not be made, service may be made by posting the papers at the property.
(c) When an action is brought under this division by a private individual, the complaint shall be supported by at least five residents residing or owning real property within 1,000 feet of the premises alleged to be a drug-related nuisance. The support shall be in the form of an affidavit attesting to the fact that the residence of the affiant is within 1,000 feet of the alleged drug-related nuisance, and that the affiants have witnessed the alleged drug-related nuisance, and are aware of an adverse impact of the alleged drug-related nuisance.
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