General Provisions.

Ala. Code tit. 11, tit. 2, ch. 50, art. 3, div. 1

in effect

Ala. Code § 11-50-50 Construction and Maintenance of Sewers, Drains, Etc., by Municipalities Authorized.

11-50-50. Construction and Maintenance of Sewers, Drains, Etc., by Municipalities Authorized. All cities and towns may make all needful provisions for the drainage of such city or town, may construct and maintain efficient sanitary and stormwater sewers or sewer systems, either within or without the corporate limits of the city or town, may construct and maintain ditches, surface drains, aqueducts, and canals and may build and construct underground sewers through private or public property, either within or without the corporate limits of such city or town, but just compensation must first be made for the private property taken, injured, or destroyed. (Code 1907, §1302; Code 1923, §2076; Code 1940, T. 37, §601.)

Ala. Code § 11-50-51 Condemnation of Easements, Etc.

11-50-51. Condemnation of Easements, Etc. Cities and towns may acquire, whenever necessary, the requisite rights and easements by condemnation in the manner prescribed by the Constitution and laws of Alabama for the condemnation of lands for the public use. (Code 1907, §1303; Code 1923, §2077; Code 1940, T. 37, §602.)

Ala. Code § 11-50-52 Extension or Alteration of Sewer System, Etc.

11-50-52. Extension or Alteration of Sewer System, Etc. Any city or town may extend or alter its sewer system and extend the mains whenever in the opinion of the city or town it may be necessary or expedient to do so, and such city or town may extend the mains to any point in the county in which it is situated, and for these purposes, the said city or town shall have and exercise the full rights of eminent domain and may acquire such lands or easements therein and the uses of such waterways as may be necessary by the proceedings provided by law for acquiring private property for public uses. (Code 1907, §1292; Code 1923, §2050; Code 1940, T. 37, §603.)

Ala. Code § 11-50-53 Regulation, Installation, Etc., of Drainage and Sewer Connections Generally.

11-50-53. Regulation, Installation, Etc., of Drainage and Sewer Connections Generally. All cities and towns of this state shall have the power to establish or build drains and may require private or public premises to be connected with the sewer system for proper drainage or sanitation and shall have the power to regulate the manner of connection therewith. They shall also have the power to adopt and enforce all such laws, ordinances, and resolutions necessary to compel the owners of real property to ditch and drain the same at such owner’s expense and to punish any neglect of such owner or person in charge of said lots or property, and on failure of the owner after 10 days’ notice to do so, the city or town may ditch and drain such premises at the expense of such owner, the same to be a lien on such property to be collected as other debts are collected or liens enforced. The notice required by this section shall be by personal service or by posting a notice on the premises. (Code 1907, §1283; Code 1923, §2040; Code 1940, T. 37, §604.)

Ala. Code § 11-50-54 Regulation, Installation, Etc., of Drainage, Plumbing, Sewer Connections, Etc.

11-50-54. Regulation, Installation, Etc., of Drainage, Plumbing, Sewer Connections, Etc. All cities and towns of this state shall have the power to prescribe the location and manner in which drainage from private premises may be disposed of and to prescribe the manner in which plumbing shall be constructed and to forbid the use of the same while out of order or defective and may discontinue or forbid the use of sinks, pits, cesspools, dry wells, and surface closets and may regulate and compel the connection of private or public premises with the sewer system of the town or city, and the council or other governing body shall have the power to punish the owner of any property who shall fail to make such connection, after 10 days’ notice to do so, and shall also have the power to prevent the lease, rental, or use of any property after notice that such connections have been required until the same shall have been made. If such owner fails or refuses, after 10 days’ notice, to make the connection, the town or city may cause the same to be made at such owner’s expense, and the cost thereof shall be a lien on such property, prior to all other liens, except for taxes, and the same may be collected as other debts are collected or liens enforced. The notice to make the connection provided for in this section must be given in writing to the owner, agent or occupant of the premises. (Code 1907, §1286; Code 1923, §2043; Code 1940, T. 37, §605.)

Ala. Code § 11-50-55 Regulation, Installation, Etc., of Privies, Water Closets, Septic Tanks, Etc.; Preparation and Filing of Statement as to Installation, Etc., of Privies, Water Closets, Etc.

11-50-55. Regulation, Installation, Etc., of Privies, Water Closets, Septic Tanks, Etc.; Preparation and Filing of Statement as to Installation, Etc., of Privies, Water Closets, Etc. All cities and towns of this state shall have the power to regulate privies, water closets, and septic tanks and the construction thereof and to compel the installation of same and to regulate the connection of such water closets with such septic tanks or with the sewerage system of the city or town; and, in case of failure to install or connect after reasonable notice, then the city or town may install proper privies, water closets, or septic tanks as it deems advisable and connect such water closets with such septic tanks or with the sewerage system of the city or town, the expense of same to be assessed against the property and the cost thereof to be a lien upon the property in favor of the city or town, superior to all other liens, to be collected as other debts are collected or liens enforced. When privies, water closets, or septic tanks are installed and connections made by the city or town under the provisions of this section, the mayor or other chief executive officer of such city or town 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 installation of such privies, water closets, or septic tanks and sanitary connections, and the statement must be signed by the mayor or other chief executive officer in his official capacity and filed with the probate judge in the county in which such property is situated for record in the mortgage records of the county. The filing of such statement shall operate as notice of such lien from the date of its filing. (Code 1907, §1293; Acts 1909, No. 162, p. 175; Code 1923, §2051; Acts 1927, No. 44, p. 41; Acts 1935, No. 443, p. 918; Code 1940, T. 37, §606.)

Ala. Code § 11-50-56 Giving of Notice Under Provisions of Division.

11-50-56. Giving of Notice Under Provisions of Division. Whenever in the exercise of any power granted under this division notice is required to be given, the mayor and aldermen or other governing body may designate a person or persons to give such notice, who shall be a bonded officer of the municipality, and to make returns upon the same, and such return shall be prima facie evidence of such notice. Personal notice to nonresidents shall not be necessary, and the mayor and aldermen or other governing body may provide and fix the character of the publication of notice to nonresidents, which shall be given by publication once a week for three weeks or by posting for the same time in three public places in said city or town where no newspaper is published therein. Whenever any notice to a resident property owner is returned not found, the mayor and aldermen or other governing body may prescribe and issue alias notices to be served as in the case of the original notice. Two returns of “not found” as to a resident property owner shall authorize the mayor and aldermen or other governing body to proceed to give notice to such resident property owner by publication as herein required to be given to nonresidents. (Code 1907, §1308; Code 1923, §2082; Code 1940, T. 37, §607.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026