Section 11-67C-5

(a) A vacant property registration ordinance may provide that, subject to the exemptions provided in this chapter, owners of vacant property shall register the property with the program administrator within the later of: (i) 30 days after the property is deemed vacant; (ii) 30 days after assuming ownership of the deemed vacant property; or (iii) 90 days after assuming ownership by foreclosure or deed in lieu of foreclosure of the deemed vacant property or by the first subsequent transferee after the vacant property has been acquired by foreclosure or deed in lieu of foreclosure. (b) The program administrator shall provide written notice to the owner and any lienholder with respect to what the program administrator believes to be a vacant property advising the owner that it appears to be delinquent with respect to vacant property registration and post a prominent placard, of a size of at least 24″ x 24″ on a street-facing side of the alleged vacant building, stating that the building may be subject to registration as a vacant property and providing contact information for the program administrator. The program administrator shall use commercially reasonable diligence to identify the owner and any lienholders of the vacant property. (c) A vacant property registration form shall be in either paper or electronic form, and the following information, at a minimum, shall be required: (1) The name, street address, mailing address, telephone number, and, if applicable, facsimile number and email address of the property owner and his or her agent who is an individual at least 19 years of age or an entity domiciled in Alabama that is designated by the owner as authorized agent for receiving notice of code violations and for receiving process in any court proceeding or administrative proceeding on behalf of the owner in connection with the enforcement of any applicable law, regulation, or code. If the property owner is not a resident of the state, the ordinance may provide that it is mandatory for the property owner to either: (i) provide the name of an agent to receive notices who is a resident of the state or an entity domiciled in Alabama; or (ii) submit to jurisdiction of the courts of the State of Alabama in form and content reasonably satisfactory to the program administrator. (2) The street address of the vacant property. (3) The period of time the property is expected to be vacant. (4) The date on which the property became vacant. (5) The names and addresses of all known lienholders or the servicing representatives of the lienholders. (6) Such other information as reasonably deemed necessary by the program administrator to process the registration. (d)(1) A vacant property registration ordinance shall require payment of an annual registration fee for each vacant property as follows: a. An initial fee not to exceed two hundred fifty dollars ($250). b. For subsequent years, a fee not to exceed 150 percent of the fee from the previous year, with a cap of one thousand dollars ($1,000). (2) Registration fees may be refundable on a prorated basis for the year preceding the date on which the property is no longer vacant. (3) A vacant property registration ordinance shall provide an exemption for time periods set forth in the ordinance to the registration and fee requirements for vacant property that is advertised in good faith for sale or lease on commercially reasonable terms. (4) A vacant property registration ordinance shall provide exemptions to the registration and fee requirements, including, but not limited to, for vacant property: a. Only considered to be a seasonal residence; b. Damaged by fire, weather, an act of God, or vandalism, and the owner demonstrates his or her intent to repair or renovate; c. Under construction or renovation; d. Where the owner is temporarily absent but has demonstrated his or her intent to return; e. For a reasonable period of time not to exceed 24 months, that is subject to divorce, probate, or estate proceedings in the state; f. When the owner or occupant of the vacant property files with the program administrator a statement of the owner’s or occupant’s plans for restoration of the vacant property to productive use and occupancy during the 12-month period following the date when the initial registration of the property would otherwise be due. If the restoration or occupancy of the property has not commenced by the end of the 12-month period, the owner or occupant shall be liable for any fee waived. The program administrator may extend the waiver of the registration fee for not more than one additional year in response to a written request by the property owner or occupant where the program administrator finds that conditions outside the owner’s or occupant’s control significantly impeded the active efforts of the owner or occupant to restore the property within the initial 12-month period; or g. In other situations in which the governing body of the municipality, on a case-by-case basis and upon request by the property owner, determines that an exemption of a vacant property from registration is appropriate upon a finding for good cause shown that the owner or lawful occupant will be unable to occupy the building for a determinant period of time, provided that the property owner or occupant provides a detailed statement of the owner or occupant’s plans for restoration of the vacant property to productive use and occupancy during the 12-month period following the date when the initial registration of the property would otherwise be due. (e) A vacant property registration ordinance may require that when the owner of the vacant property resides outside of the state, the owner shall provide the name and address of an individual who: (i) resides within the state; (ii) is authorized to accept service of process and notices of fees due under this chapter on behalf of the owner; and (iii) is designated as a responsible, local party or agent for the purposes of notification in the event of an emergency affecting the public health, safety, or welfare.