Authorize the governing body of a Class 1 municipality to enact and enforce vacant property registration ordinances.

HB315 ENROLLED
Page 0
HB315
ZQN52WK-2
By Representatives Moore (M), Tillman, Givan, Sellers, Datcher
(N & P)
RFD: Jefferson County Legislation
First Read: 22-Jan-26
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HB315 Enrolled
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First Read: 22-Jan-26
Enrolled, An Act,
Relating to vacant real property located in a Class 1
municipality; to authorize the governing body of a Class 1
municipality to enact and enforce vacant property registration
ordinances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall apply only to a Class 1
municipality.
Section 2. The provisions of this act shall apply in
any Class 1 municipality that adopts an ordinance to be
applicable to the registration of vacant property in the
municipality.
Section 3. The Legislature finds and declares all of
the following:
(1) Vacant properties create numerous problems in a
Class 1 municipality, including a propensity to foster
criminal activity, create blight and blighting conditions,
create public health problems, and otherwise diminish quality
of life for residents and business operators in the
surrounding area.
(2) Unkempt vacant properties negatively impact the
property rights of neighboring property owners by reducing the
value of surrounding properties, impacting the quality of life
of adjacent property owners, increasing the risk of property
damage through arson and vandalism, and discouraging
neighborhood stability and revitalization.
(3) Unkempt vacant properties require a Class 1
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(3) Unkempt vacant properties require a Class 1
municipality to expend significant monetary and personnel
resources and to incur a disproportionate cost to address
problems of vacant and abandoned structures, which include,
but are not limited to, property inspections, nuisance
abatement, fire calls, and police calls.
(4) Vacant properties represent unrealized economic
growth for a Class 1 municipality.
(5) A vacant property registration ordinance would
allow a Class 1 municipality to better monitor property
blight, to maintain unoccupied buildings, to provide a
database of vacant properties and their owners in order to
better ensure compliance with applicable property codes, and
to assess fees for the increased public costs associated with
vacant properties.
(6) Fees imposed under a vacant property registration
ordinance have the potential to benefit the owners of vacant
properties by helping to finance additional government
services by a Class 1 municipality to protect the value and
security of such properties.
(7) Enactment of a vacant property registration
ordinance is a proper exercise of governmental authority to
protect the public health, safety, and welfare of community
residents and a valid regulatory scheme.
Section 4. The purposes of this act are to promote the
health, safety, and welfare of residents in a Class l
municipality by providing authority for a Class 1 municipality
to enact a vacant property registration ordinance. The
ordinance will allow a Class 1 municipality to identify and
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ordinance will allow a Class 1 municipality to identify and
register vacant properties, collect fees to compensate for the
public costs of vacant properties, plan for the rehabilitation
of vacant properties, and encourage the occupancy of vacant
properties.
Section 5. For purposes of this act, the following
terms have the following meanings:
(1) COMMERCIAL BUILDING. Any building or structure, or
portion thereof, that is used or designed to be used primarily
for business, commercial, industrial, mercantile, office,
professional, warehousing, storage, lodging, or retail
purposes. A building containing both residential and
nonresidential uses shall be considered a commercial building
only with respect to the nonresidential portion of the
building.
(2) EVIDENCE OF UNKEMPT VACANCY. Any of the following:
a. Overgrown or dead vegetation, including grass,
shrubbery, and other plantings.
b. An accumulation of abandoned personal property,
trash, or other waste.
c. Visible deterioration or lack of maintenance of any
building or structure on the property.
d. Graffiti or other defacement of any building or
structure on the property.
e. Broken windows, doors, or other access points
indicating the property is not secure from the public or the
elements.
(3) OWNER. A person who individually or jointly with
others:
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others:
a. Has legal title to the property, with or without
actual possession, or who is shown to be the owner or owners
of record in the records of the probate office;
b. Has charge, care, or control of the property as
owner or agent of the owner; or
c. Is an executor, administrator, trustee, or guardian
of the estate of the owner.
(4) RESIDENTIAL BUILDING. A house, condominium,
townhouse, or any other building where the whole building or
significant parts of the building are designed or used as
residential dwellings.
(5) VACANT. A residential building or commercial
building that is lacking habitual presence of human beings who
have a legal right to be on the property, or at which
substantially all lawful business operations, construction
operations, or residential occupancy has ceased for a period
of 90 consecutive days and there exists evidence of unkempt
vacancy, provided: (i) an owner-occupied. single-family home
shall not be deemed to be vacant if it has been used on a
regular basis by the owner as a second residence or the owner
intends to resume residing at the property and it is otherwise
maintained in a manner that does not render substantial or
persistent evidence of unkempt vacancy; (ii) the term "vacant"
shall not include a residential building or commercial
building containing multiple units with common ownership which
has at least one unit occupied with evidence of utility usage;
and (iii) any multiunit residential building or commercial
building shall not be deemed to be vacant if the building is
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building shall not be deemed to be vacant if the building is
actively being marketed for sale or lease, as evidenced by the
existence of an in-force real estate listing agreement or
reasonable evidence of other active marketing efforts
consistent with the nature of the propery.
Section 6. (a) The governing body of a Class 1
municipality may adopt a vacant property registration
ordinance that establishes a vacant property registration and
maintenance program that applies to any type of residential or
commercial buildings, or both, located within the corporate
limits of the municipality, except that a vacant property
registration ordinance shall not apply to property owned by
the federal government, the State of Alabama, any political
subdivision thereof, or a public corporation.
(b) A vacant property registration ordinance shall
create a citywide vacant property registration database and
clearly designate a program administrator.
Section 7. (a) A vacant property registration ordinance
may provide that, subject to the exemptions provided in this
act, 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
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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
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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,
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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 who 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
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 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
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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 act 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.
Section 8. (a) A vacant property registration ordinance
shall:
(1) Provide that a subsequent owner or owners of
property who are not related by blood or marriage to the prior
owner and who purchase in good faith for value or who
foreclose on the property or acquire the property by deed in
lieu of foreclosure shall assume the obligations of the
previous owner or owners;
(2) Provide for removal of the property from the vacant
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(2) Provide for removal of the property from the vacant
property registration database when the property is no longer
vacant;
(3) Require submission of an owner plan for restoration
and occupancy of the property;
(4) Provide that owners have the right to prior notice
and to appeal adverse decisions of the municipality or the
program administrator or to appeal the interpretations or
application of the ordinance, including its consistency with
this act. Prior notice shall be sent by certified mail to the
registered owner at the address maintained in the probate
office or according to the records of the tax assessor or
revenue commissioner, if different, at least 10 days prior to
the adverse decision; and
(5) Provide that any appeal of a violation or fine
issued pursuant to this act shall be filed with the division
of the municipal court in the Class 1 municipality which
handles all code violations. Any adverse decision from the
municipal court may be appealed, within 30 days, to the
applicable circuit court. The costs of appeal shall be paid by
the non-prevailing party.
(b) To determine compliance with the ordinance and any
applicable building codes, a vacant property registration
ordinance may allow the program administrator or his or her
designee to inspect the interior and exterior of a vacant
property upon at least 10 days' prior notice to the owner
after registration is effected or otherwise required, and at
one-year intervals thereafter for so long as the property
remains on the vacant property registration database.
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remains on the vacant property registration database.
(c) A vacant property registration ordinance may
provide for municipal fines not to exceed one thousand dollars
($1,000) per violation for failure to comply with ordinance
requirements. A municipality may enforce the collection of
vacant property registration fees by civil action in any court
of competent jurisdiction. Unpaid vacant property registration
fees and unpaid fines for any violation of a vacant property
registration ordinance shall become a lien on the applicable
real property, but only upon the recording of a notice of the
lien in the probate office.
(d) The vacant property registration ordinance may
require that the owner enclose and secure the vacant property
within a designated period of time and thereafter to maintain
the vacant property to minimum standards required under
applicable state law and municipal ordinances and codes or to
lesser standards adopted under the vacant property
registration ordinance. The ordinance may include authority
for the municipality, following at least 30 days' notice to
the owner, to act to bring the vacant property into compliance
with the applicable standards, or otherwise eliminate the
public nuisance caused by any noncompliant conditions;
provided, however, that nothing in this section is to be
interpreted to impose a duty, obligation, or requirement that
a municipality must undertake such repairs, demolition, or
maintenance measures which remain as obligations and
responsibilities of the owner. Reasonable costs of the
repairs, demolition, and maintenance incurred by the
municipality shall be paid by the owner. A vacant property
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municipality shall be paid by the owner. A vacant property
registration ordinance may provide that these costs shall
become a lien on the applicable property, but only upon the
recording of a notice of the lien in the probate office, or
may be collected in civil proceedings against the owner.
(e) Any lien created under this section shall be
subordinate to all other liens, including prior mortgages,
fixture filings, mechanic's and materialman's liens, and those
liens for taxes described or referenced in Section 11-51-6,
Code of Alabama 1975. Not in derogation of the foregoing or
other protections for good faith purchasers, the municipality
may release any liens or waive any accrued fees or fines in
the case of the transfer of the vacant property to a good
faith purchaser.
Section 9. The provisions of this act shall be
supplemental and in pari materia with other laws of the State
of Alabama relating to vacant or abandoned property.
Section 10. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 17-Mar-26, as amended.
John Treadwell
Clerk
Senate 07-Apr-26 Amended and Passed
House 07-Apr-26 Concurred in Senate
Amendment
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