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Auburn, AL Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Notice to repair or demolish
At least 30 days
Council hearing timing
5 to 30 days after request
Circuit court appeal window
10 days after council decision
Demolition cost recovery
Special assessment/lien on property
Lien priority
Superior to all liens except taxes

Summary

Auburn can order the demolition of any building found unsafe to the extent it is a public nuisance, using a state-law procedure adopted into its own code. Owners get at least 30 days' notice and a right to a hearing before the city council orders the structure torn down.

Sec. 15-45 - Demolition of structures. Demolitions of abandoned, dilapidated and unsafe structures shall be done using the procedures of the Code of Alabama 1975 Sections 11-40-30 through 11-40-36 listed below: Section 11-40-30 Demolition of unsafe structures. Any incorporated municipality of the state may, after notice as provided herein, move or demolish buildings and structures, or parts of buildings and structures, party walls, and foundations when found by the governing body of the municipality to be unsafe to the extent of being a public nuisance from any cause.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 90).

Full Breakdown

Sec. 15-45 handles abandoned and dilapidated structures by adopting Code of Alabama 1975 §§ 11-40-30 through 11-40-36 wholesale. Under § 11-40-30, the city may move or demolish any building, structure, party wall, or foundation the governing body finds unsafe to the extent of being a public nuisance from any cause. Before that happens, § 11-40-31 requires the "appropriate municipal official" (a building official or someone the mayor designates) to send certified or registered mail to the last known taxpayer of record and any mortgagees, giving them at least 30 days to fix the unsafe condition or demolish the structure themselves, and the notice must also be posted within three feet of the building's entrance.

An owner who disagrees can file a written request for a hearing before the city council within that same window under § 11-40-32(a); the hearing must be held five to 30 days after the request, and if the council still finds the building unsafe, it orders demolition, which the city can carry out itself, by contract, and can sell any salvaged materials. A property owner aggrieved by the council's decision has 10 days to appeal to circuit court by filing notice and a cost bond.

Once demolition is complete, § 11-40-33 has the municipal official report the actual costs to the council, which fixes and assesses those costs, minus any salvage proceeds, as a special assessment against the property; that assessment becomes a lien superior to every other claim except tax liens, recorded with the county probate judge and added directly to the property's ad valorem tax bill for collection.

Violations & Fines

An owner who ignores the 30-day notice to repair or demolish an unsafe structure faces city-ordered demolition under § 11-40-32(a), with the actual cost of that demolition assessed against the property as a special lien under § 11-40-33. That lien is superior to all other liens except tax liens, is recorded with the county probate judge, and is collected the same way as delinquent ad valorem taxes.

Frequently Asked Questions

Can Auburn force the demolition of a dangerous, abandoned building?
Yes. Sec. 15-45 adopts Code of Ala. § 11-40-30, which lets the city order any building or structure demolished once the governing body finds it unsafe to the extent of being a public nuisance, after the notice and hearing process in §§ 11-40-31 and 11-40-32.
How much warning does a property owner get before demolition?
At least 30 days by certified or registered mail to the taxpayer of record and any mortgagees under § 11-40-31, plus posting the notice within three feet of the building's entrance. The owner can request a council hearing within that same window.
Who pays for the demolition if the city has to do it?
The property owner does. Section 11-40-33 has the city assess the actual demolition cost, minus any salvage sale proceeds, against the property as a special assessment, which becomes a lien superior to every claim except tax liens and is collected with the property tax bill.

Sources & Official References

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