HB104INTRODUCED
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HB104
Y53Z6N6-1
By Representative Drummond (N & P)
RFD: Mobile County Legislation
First Read: 04-Feb-25
PFD: 30-Jan-25
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6 Y53Z6N6-1 01/13/2025 ZAK (L)ma 2024-3218
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PFD: 30-Jan-25
SYNOPSIS:
Under existing law, the governing body of a
Class 2 municipality may declare certain weeds to be a
nuisance and require its abatement at the expense of
the owner of the property.
This bill would authorize the governing body of
a Class 2 municipality to declare certain abandoned or
discarded debris to be a nuisance and require its
abatement or removal at the expense of the owner of the
property.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to Class 2 municipalities; to amend Sections
11-67-2, 11-67-3, 11-67-4, 11-67-5, 11-67-6, 11-67-7, 11-67-8,
and 11-67-10, Code of Alabama 1975; to provide that Class 2
municipalities may declare certain abandoned or discarded
debris a nuisance and require its abatement or removal at the
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debris a nuisance and require its abatement or removal at the
expense of the owner of the property; and to make
nonsubstantive, technical revisions to update the existing
code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 11-67-2, 11-67-3, 11-67-4, 11-67-5,
11-67-6, 11-67-7, 11-67-8, and 11-67-10, Code of Alabama 1975,
are amended to read as follows:
"§11-67-2
(a) The governing body of a Class 2 municipality may
declare either of the following to be a public nuisance and
require its abatement or removal as provided in this
article:All weeds
(1) Any weed growing upon the streets, sidewalks on a
street, sidewalk , or upon private property within Class 2
municipalities of this state, which bear the municipality
that: (i) bears seeds of a wingy or downy nature , which attain
such; (ii) a large growth as grows large enough to become a
fire menace when dry ,; or which are (iii) is otherwise noxious
or dangerous may be declared to be a public nuisance by the
governing body of any such Class 2 municipalities, and
thereafter abated as hereinafter provided .
(2) Any debris, including furniture, appliances, trash,
garbage, glass, metal, and tires, that is abandoned or
discarded on a street, sidewalk, or private property within
the municipality that: (i) occupies a large area at risk of
becoming a fire menace; (ii) is a breeding ground for pests;
or (iii) is otherwise noxious or dangerous. "
"§11-67-3
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"§11-67-3
Whenever any such weeds are growing upon any street,
sidewalk, or private property the governing body of any such
Class 2 municipality may, by resolution, declare the same to
be a public nuisance and order its abatement Any governing body
of a Class 2 municipality desiring to declare weeds or debris
a public nuisance and order its abatement or removal pursuant
to Section 11-67-2 shall do so by resolution . SaidThe
resolution shall refer to the street by the name under which
it the street is commonly known , and describe the property
upon which that the nuisance is on or in front of which said
nuisance exists by giving a legal description thereof and no.
No other description of said the property shall be is
required. Any number of streets, sidewalks, or parcels of
private property , may be included in one and the same
resolution."
"§11-67-4
(a) After the passage of said a resolution, notice of a
public hearing on the matter shall be given by certified mail,
return receipt requested, mailed 30 days prior to the date of
said the hearing and shall inform the owner of the time, date,
and place of said the hearing and reason therefor. Said The
notice shall be mailed to the owner of said the property as
same it appears of record in the tax assessor's revenue
commissioner's office for Mobile County of the county in which
the Class 2 municipality is located .
(b) All notices shall carry a list of names of persons
and/or private contractors who that perform such work and are
registered with the city clerk. Such The names shall not
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registered with the city clerk. Such The names shall not
constitute a recommendation and the failure to include such a
the list shall notin no wise affect the operation of this
article.
(c) Notice shall also be given by publication in a
newspaper normally read by all segments of the population
published in Mobile County of general circulation, in the
county in which the municipality is located, once a week for
two consecutive weeks, or if no newspaper is published in
Mobile County the county, notice shall be given by radio or
television. The first notice shall be published at least 14
days prior to the date of the scheduled hearing.
(d) In addition thereto, two Two signs shall be
conspicuously posted on said the property. The wording of said
the signs shall not be less than one inch in height and shall
be in substantially the following form:
NOTICE TO DESTROY OR REMOVE WEEDS OR DEBRIS
Notice is hereby given that on the _____ day of _____,
2__ at ___ A.M./P.M. in the council chamber, the council of
the City of Mobile ______ will consider a resolution regarding
the weeds growing upon or debris located on or in front of the
property on ______ Street, in the City of Mobile ______, and
more particularly described in said the resolution, a copy of
which is on file in the office of the city clerk ; and at that.
At the above time and place the council will determine whether
the same constitutes the weeds or debris constitute a public
nuisance which must be abated by the removal of said noxious
or dangerous weeds or removed; and, if so, will order the
abatement and removal of said the nuisance, in which case the .
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abatement and removal of said the nuisance, in which case the .
The cost of such the abatement and removal shall be assessed
upon the lots and lands from which or in front of which such
weeds are the nuisance is abated or removed, and such the cost
will constitute a lien for weed the nuisance abatement or
removal upon such lots or the lands until paid.
If no objections are filed with the city clerk at least
five days before the meeting of said the council and unless
such the person appears before the council in person or
through his or her representative to show cause, if any, why
his or her objection should be sustained, it shall be presumed
that the person accepts the notice as fact and waives any
rights he or she may have to contest the abatement or removal
of said weeds the nuisance and the action of the council shall
be final unless good and sufficient cause can be otherwise
shown.
Reference is hereby made to said the resolution, on
file in the office of the city clerk, for further particulars.
Dated this _____ day of _______, 2__.
___________ Name of city By: ________ City Clerk
(e)Said The notice shall be posted at least seven days
prior to the time for hearing objections by the governing body
of the municipality."
"§11-67-5
If objections are filed, at the time stated in said the
notice, the council of the City of Mobile Class 2 municipality
shall hear and consider all evidence, objections, and protest
regarding the proposed abatement or removal of weeds or
debris. The council may continue the hearing from time to
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debris. The council may continue the hearing from time to
time. Upon the conclusion of said the hearing, the council, by
resolution, shall decide whether a public nuisance exists and,
if so, shall order it to be removed or abated or removed with
respect to any property or part thereof described. The
governing body, by passage of said the resolution, shall be
deemed to have acquired jurisdiction to proceed and either to
perform or have performed the work of removal or abatement or
removal with respect to such the property or part thereof. The
decision of the governing body on the matter shall be deemed
final and conclusive."
"§11-67-6
(a) After the council passes the a resolution finding
the conditions of the a property to be a nuisance and ordering
its abatement or removal, all employees and duly authorized
agents of the Class 2 municipality are hereby expressly
authorized to may enter upon private the property for that
purpose.
(b) The city may at its option authorize private
contractors, companies, enterprises, or individuals to abate
and remove said the nuisance. The council, by resolution,
shall designate the contractors, companies, enterprises, or
individuals who that may perform said the work. Those persons
so designated are hereby authorized to may enter upon the
private property for purposes of abating or removing said the
nuisance. For purposes of this article , compliance with the
competitive bid law is not required.
(c) Any property owner shall have the right to may have
any such weeds or debris abated or removed at his or her own
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any such weeds or debris abated or removed at his or her own
expense providing the same , provided it is done abated or
removed prior to the commencing of the work by the employees
or agents of said the municipality to do the same."
"§11-67-7
Each Class 2 municipality shall keep an account of the
cost of abating or removing such a nuisance in front of or on
each separate lot or parcel of land where the work is done by
it the municipality or its employees, or by a duly an
authorized private contractor, company, enterprise, or
individual, and shall render provide an itemized report in
writing to the governing body of the municipality showing the
cost of abating or removing said the nuisance on each separate
lot, or in front thereof, or both; provided, that before .
Before said the report is submitted to said the governing
body, a copy of the same shall be posted for at least a
minimum of five days prior thereto on or near the chamber door
of said the governing body, together with a notice of the time
when said the report shall will be submitted to the governing
body for confirmation."
"§11-67-8
At the time fixed for receiving and considering said
the report, the governing body shall hear the same report,
together with any objections which may be raised by any of the
property owners liable to be assessed for the work of abating
or removing said the nuisance, and thereupon make such
modifications in the report as they deem the governing body
deems necessary, after which by motion or resolution said, the
report shall be confirmed. The amounts of the cost for abating
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report shall be confirmed. The amounts of the cost for abating
such or removing the nuisance in front of or upon the various
parcels of land mentioned in said report shall hereinafter be
referred to as "weed liens" a nuisance lien , and as thus made
and confirmed shall constitute a weed lien on said the
property for the amount of such weed liens, respectively the
nuisance lien. After confirmation of said the report, a copy
shall be turned over given to the Tax Collector of Mobile
County revenue commissioner of the respective county who,
under the "Optional Method of Taxation", is charged with the
collection of the City of Mobile's Taxation," collects the
municipal taxes pursuant to Sections 11-51-40 through
11-51-74; whereupon it shall be the duty of said Mobile County
Tax Collector to Division 2 of Article 1 of Chapter 51. The
revenue commissioner of the respective county shall add the
amounts of the respective weed nuisance liens to the next
regular bills for taxes levied against the said respective
lots and parcels of land , and thereafter said . The amounts
shall be collected at the same time and in the same manner as
ordinary municipal ad valorem taxes are collected, and shall
be subject to the same penalties and the same procedure under
foreclosure and sale in case of delinquency."
"§11-67-10
(a) This section shall apply only in Class 2
municipalities.
(b)(a) The city council in any Class 2 municipality may
adopt procedures for the abatement and removal of repeat
nuisances authorizing the mayor, or his or her designee,
without a resolution of the city council, to take actions as
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without a resolution of the city council, to take actions as
necessary to abate or remove overgrown grass and weeds or
abandoned or discarded debris on property that has previously
been subject to abatement or removal within the last three
years through the procedures in this chapter article. The
procedures adopted by the city council shall provide for the
sending of a letter to the last known address of the property
owner or owners by regular United States mail not less than 10
days prior to the order to abate or remove the nuisance. The
notice to the owner or owners of the property shall inform the
owner or owners of all of the following:
(1) That the The mayor, or his or her designee, has
declared the property to be a nuisance.
(2) That the The city has previously abated or removed
a nuisance on the property.
(3) That the The reasonable cost of the current
abatement or removal shall be assessed and collected as a
special assessment and lien against the property.
(4) That the The property owner or owners may have the
nuisance abated or removed at their his or her own expense
prior to the arrival of the employees, contractors, or
designees assigned by the city to abate or remove the
nuisance."
Section 2. This act shall become effective on October
1, 2025.
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