Title 45

It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Mobile County in the business for which the tax is levied to fail or refuse to add to the sales price and collect from the purchaser the amount due on the tax authorized in this subpart or to …

Any retail dealer or semijobber of tobacco products enumerated and defined in this subpart purchasing or receiving the commodities from without the state, whether the same shall have been ordered or purchased through a wholesaler or jobber in this state, or by drop shipment or ot…

The Mobile County Tobacco Tax Collector shall have the duties relative to the preparation and sale of stamps to evidence the payment of the tax on products suitable for affixing the stamp. In the event tobacco stamps are not available, or not suitable for affixing to certain toba…

Any product taxable by law found not having affixed to the package the stamps, or in the case of products not requiring a stamp to be affixed where purchase invoices do not itemize the applicable tobacco taxes, are declared to be contraband goods and may be seized by the Mobile C…

The Mobile County Commission may adopt rules to effectuate the purposes of this subpart and conform to the provisions of Chapter 25 of Title 40. On October 1, 2019, the Mobile County Commission shall publish a notice to all tobacco wholesalers and retailers consistent with Act 20…

Taxes, penalties, and fines assessed pursuant to this subpart shall constitute a debt due to Mobile County, may be collected by civil suit, and shall be secured by a lien, superior to all other liens except the liens for state and city ad valorem taxes upon the personal property …

A written notice of any rate increase must be given to each customer by the gas utility boards at least 30 days prior to the increase. (Act 80-357, p. 477, §1.)

The members of the board of directors of any authority created or operated in Mobile County pursuant to Sections 11-88-1 to 11-88-21, inclusive, which operates a public water system, a public sewer system, or a fire protection facility that serves 6,500 or more customers, in addi…

Each member of the board of directors of any authority which operates a public water system, a public sewer system, or a fire protection facility in Mobile County and which serves 6,500 or more customers, in addition to any other compensation, shall receive an expense allowance f…

The following words, phases, or terms as used in this part, unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED PROPERTY. Wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and …

(a) The director, or his or her duly appointed designee, shall be responsible for the administrative management of this part. (b) The director shall provide for a solid waste management system consistent with this part, consisting of storage, collection, transport, processing, se…

All solid waste generated or otherwise found within the county shall be managed by persons holding valid permits for such activity, granted in accordance with this part, and no household business, industry, or any property owner may store, haul, and dispose of his or her own soli…

Certificates of need as required by Section 45-49-252.03 may be obtained for the management of solid waste in the following manner: (1) An applicant for a certificate of need for a solid waste management activity or facility shall petition the Mobile County Commission to deter- m…

Permits required under Section 45-49-252.03 shall be issued in the following manner: (1) Any person desiring to obtain a permit shall file an application for a permit with the director on application forms provided by the director and shall accompany such application with: a. Nam…

(a)(1) Only county franchised collectors possessing valid permits shall engage in the business of providing solid waste management services to residential property within the county. Fees for such service shall be established by resolution or ordinance of the Mobile County Commis…

(a) The property owner or occupant shall store solid waste on his or her premises or property or shall require it to be stored or handled in such a manner as to prevent the propagation, or harborage of rats or arthropod vectors or the creation of a sanitary nuisance. (b) All garb…

(a) All equipment used in collection and transportation of solid waste shall be constructed, operated, and maintained in such a manner as to minimize health safety hazards to solid waste collector personnel and the public. All vehicles shall be maintained in good mechanical condi…

(a) All solid waste in Mobile County shall be disposed of in accordance with this code and this part. No solid waste shall be disposed of except in approved disposal facilities operated by the county or by persons possessing valid permits and certificates of need issued according…

In the absence of an agreement to the contrary specified in a permit or contract with the county, title to all solid waste generated or otherwise found within Mobile County shall vest in the county when it is finally disposed of according to this part and the provisions of the in…

The fact that any improved real property located within the county is designed for occupation or use, is occupied or used, or is capable of being occupied or used, shall be prima facie evidence that solid waste is being produced or accumulated upon such property. The owner of suc…

Any person who generates solid waste within the county shall also be responsible for insuring that such solid waste is managed in accordance with the terms and provisions of this part, and may be required by the director to show to the satisfaction of the director that such manag…

All persons possessing permits issued in accordance with this part shall defend, indemnify, and hold harmless Mobile County from any and all liability from damages of whatsoever kind or nature arising from or in any manner connected with any of its activities under this part. The…

(a) It shall be unlawful to dispose of solid waste except by sanitary landfill, incineration, recycling process, or other method approved by the director, consistent with applicable state law, operated by the county or permitted and possessing certificates of need as required her…

In order to insure compliance with this part and the laws of this state, the director or his or her agents, or the health officer and his or her agents, are authorized to inspect, at reasonable times, all phases of solid waste management within Mobile County. (Act 81-450, p. 773,…

In all instances where inspections reveal violations of this part, or the laws of this state, the enforcement agency shall issue written notice for each such violation, stating therein the violation or violations found, the date and time of such violation, and the corrective meas…

Any person, firm, or corporation who shall violate any of the provisions of this part or who shall fail, neglect, or refuse to comply with any order or notice given in pursuance and by authority of this part shall be guilty of a Class C misdemeanor and subject to punishment as pr…

(a) There is created a solid waste management advisory board consisting of 11 members: One shall be a member of the County Commission of Mobile County, Alabama, one shall be the solid waste coordinator, two shall be appointed by the senators of the Mobile County Legislative Deleg…

(a) Any law to the contrary notwithstanding, any person, regardless of profession, may be duly appointed to and serve on any Mobile County board, commission, or other public entity dealing with the planning, zoning, or subdivision of real estate in Mobile County, and on any munic…

This part shall only apply to land located in Mobile County Commission District 1. (Act 2009-782, p. 2456, §1.)

(a) There is created a planning and zoning commission for Mobile County which commission shall be appointed as provided and shall have responsibilities and duties as stated in this part. The commission shall be known as the North Mobile County Planning and Zoning Commission herei…

The planning commission shall be composed of a minimum of eight members who shall be qualified electors or property owners from the unincorporated areas within the jurisdiction of the commission. In the event of any vacancy on the planning commission, such vacancy shall be filled…

In availing itself of the powers conferred by this part, the Mobile County Commission shall appoint the planning commission to make and maintain in an up-to-date manner, a master plan for the physical development of the unincorporated areas within the jurisdiction of the planning…

(a) The Mobile County Commission may adopt ordinances and regulations as necessary to effect this part. The ordinances or regulations shall be made in accordance with a master plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dang…

In preparation of the proposed master plan and planning and zoning ordinances and regulations, the planning commission shall make careful and comprehensive studies and surveys of the present conditions existing within unincorporated areas with due regard to existing agricultural …

The Mobile County Commission shall not exercise its planning and zoning powers established hereunder until the majority of the qualified electors in the proposed planning jurisdiction shall have voted their desire to come within the planning and zoning authority of the Mobile Cou…

The Mobile County Commission shall provide for the appointment of a board of adjustment and the regulations and ordinances adopted pursuant to the authority of this part shall provide that the board of adjustment, in appropriate cases and subject to appropriate conditions and saf…

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer or department of Mobile County affected by any decision of any administrative officer representing the county in an official capacity in the enforcement of this part or of any ordinance or r…

(a) The board of adjustment shall have all of the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning regulations adopted purs…

Any party aggrieved by a final judgment or decision of the board of adjustment, within 15 days thereafter, may appeal therefrom to the Circuit Court of Mobile County, Alabama, by filing with the circuit court and the board of adjustment a written notice of appeal specifying the j…

The Mobile County Commission may levy permit and application fees deemed necessary to administer ordinances and zoning regulations promulgated hereunder. The fees shall cover the cost of administrative activities performed hereunder by the agencies of the county commission and th…

If any building or structure is erected, constructed, altered, repaired, converted, or maintained, or if any land is used in violation of this part or any ordinance or regulation promulgated under the authority conferred by this part, the county attorney, or other appropriate adm…

(a) The planning commission shall have no jurisdiction over the type of single-family housing or dwelling to be placed or constructed on private property. (b) The authority of the Mobile County Commission under this part shall not conflict with present or future regulations or po…

No zoning ordinance or regulation promulgated by the Mobile County Commission under the authority of this part shall change any use to which land is being made at the time the zoning ordinance or regulation becomes applicable to any planning jurisdiction. (Act 2009-782, p. 2456, …

The Mobile County Commission may appoint real estate agents or other persons in the real estate field to the planning commission. The appointed real estate agents or other persons in the real estate field appointed to the planning commission shall not exceed 25 percent of the com…

(a) The Mobile County Commission, through the county planning and zoning commission, shall regulate the construction setback from the centerline of any state or county public road or highway located within the jurisdiction of the commission. (b) The provisions of this section do …

This part shall not apply to any land designated as an industrial park pursuant to Chapter 23 of Title 11. (Act 2009-782, p. 2456, §18.)