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Birmingham, AL Property Maintenance: Property Blight (2026)

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

Key Facts

Notice period
not less than 30 days
Notice method
certified/registered mail plus posting
Hearing body
City Council
Appeal window
10 days to Circuit Court
Unpaid demolition cost
becomes property lien, tax-lien priority only

Summary

When Birmingham's Building Official finds a building unsafe to the extent it is a public nuisance, the owner and mortgagees get written notice by certified mail giving at least 30 days to fix or demolish it, or the city demolishes it and assesses the cost against the property. Owners can request a City Council hearing, and an unfavorable decision is appealable to Circuit Court within ten days.

Whenever the Building Official shall find that any building, structure, part of building or structure, party wall, foundation or premises situated in the City is unsafe to the extent that it is a public nuisance, he shall give the person or persons, firm, association, or corporation last assessing the property for state taxes and all mortgagees of record...notice to remedy the unsafe or dangerous condition of such building, structure, or premises, or to demolish the same, within a reasonable time set out in said notice, which time shall be not less than thirty (30) days or suffer such building or structure to be demolished by the City and the cost thereof assessed against the property.

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 3).

Full Breakdown

5 (Unsafe Buildings, Systems and Public Nuisances). 1 covers buildings that are unsafe, unsanitary, lack adequate egress, or are hazardous due to inadequate maintenance, dilapidation, obsolescence or abandonment but do not yet rise to a public nuisance; these are declared illegal and must be repaired, rehabilitated or demolished after written notice from the Building, Code, or Fire Official. 1 takes over: the Building Official must notify, by certified or registered mail, the person last assessed for state property taxes and all mortgagees of record, giving a reasonable time of not less than 30 days to remedy the unsafe condition or demolish the structure, or the city will demolish it and assess the cost against the property.

Notice must also be posted at or within three feet of a building entrance within three working days of mailing. 2 lets any interested party file a written request for a City Council hearing within the notice period, which pauses the process until the Council rules; the Council then decides, in a hearing held five to thirty days after the request, whether the building is a public nuisance and, if so, orders demolition by city forces or contract. 3 gives anyone aggrieved by the Council's decision ten days to appeal to Circuit Court by filing notice of appeal and a cost bond.

4 fixes the city's costs by Council resolution, offsets them with any salvage proceeds, and turns the balance into a special assessment lien against the property, superior to all liens except tax liens, filed with the Judge of Probate of Jefferson County.

Violations & Fines

Owners who fail to repair or demolish a building found unsafe to the extent of being a public nuisance within the notice period, generally not less than 30 days, face city-ordered demolition under Section 102.5.2.2, with the assessed demolition cost becoming a lien on the property under Section 102.5.2.4, superior to all liens except state and local tax liens. Removing a posted 'unsafe building' notice without written permission is separately unlawful under Section 102.5.1.2.

Frequently Asked Questions

How much notice does Birmingham give before demolishing an unsafe building?
Section 102.5.2.1 requires the Building Official to give the assessed owner and all mortgagees of record written notice by certified or registered mail, allowing a reasonable time of not less than 30 days to remedy the condition or demolish the structure before the city acts.
Can I challenge Birmingham's decision that my building is a public nuisance?
Yes. Section 102.5.2.2 lets you file a written request for a City Council hearing within the notice period, which pauses enforcement until the Council rules, and Section 102.5.2.3 lets you appeal an adverse Council decision to Circuit Court within 10 days.
What happens if I can't pay for the city's demolition of my unsafe building?
Section 102.5.2.4 turns the fixed demolition cost, after crediting any salvage sale proceeds, into a special assessment lien against the property. That lien is superior to all other liens except tax liens and is filed with the Judge of Probate of Jefferson County.

Sources & Official References

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