(a)

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Terms Used In Alabama Code 45-43-171

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probate: Proving a will
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(1) The Lowndes County Commission may compel the connection of existing positive outlets, privies, water closets, and septic tanks situated in the unincorporated areas of Lowndes County to any available public sewerage system, whether publicly or privately owned, within 90 days after receiving official notice to do so.
(2) Where a public sewerage system is not available, the county commission, through the county health department, shall compel the connection of all existing positive outlets, privies, water closets, and septic tanks situated in the unincorporated areas of Lowndes County to private disposal systems conforming to the rules of the State Board of Health.
(b) The notice required in subdivision (a)(1) shall cite this section as the authority for the actions to be taken, shall provide the name and telephone number of a person employed by the county who may be contacted regarding the notice, and shall be signed by an officer or employee of the county as designated by the county commission.
(c) In the case of failure of the property owner to connect after reasonable notice from the county, the county may connect the existing positive outlets, privies, water closets, and septic tanks with the sewerage system and the expense shall be assessed against the property, and the cost thereof shall be a lien upon the property in favor of the county, superior to all other liens, to be collected as other debts are collected or liens are enforced.
(d) When connections are made by the county under this section, the county shall prepare a statement in writing setting forth the name of the owner and a description of the property upon which the improvements have been made, together with the cost of the sanitary sewer connection, and the statement shall be signed by the presiding officer of the county commission and filed with the judge of probate in the county for recording in the mortgage records of the county. The filing of the statement shall operate as notice of the lien from the date of its filing.
(e) The provisions of this section may be enforced by the Circuit Court of Lowndes County by an action brought by the county health department or the county commission seeking an injunction or other proper remedy.
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